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Staying Put Policy

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Contents

Page no.

1. What is “Staying Put”? 4

2. Aims of “Staying Put” Placements 4

3. Criteria for Staying Put Policy 4

4. Setting Up ‘Staying Put’ Placements 5

5. Changes in Support and regulatory arrangements if a placement becomes one of ‘Staying Put 6

6. CRB Checks 7

7. Finances 7

8. Allowance payment to carers 7

9. Reward Element payment to carers 7

10. Total Payments to Carers 7

11. Income received by young people 7

12. Retainer 8

13. Additional Payments 8

14. Other Considerations 8

15. Reviewing Staying Put Arrangements 9

APPENDICES

A. License Agreement 10

B. Placement Agreement Meeting 12

C. Standard “Staying Put” Arrangement - Housing Benefit Claim Letter 14

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1. What is “Staying Put”?

From the age of eighteen young people are no longer legally ‘Looked After Children’ and therefore fostering arrangements and allowances no longer apply.

However, for young people in a stable foster placement, continuing to live for a further specified period of time (6 months minimum) in their former foster home, after they are 18, can offer a more positive and supportive transition to independence, closer to that experienced by most other young people.

If the young person remains in the placement, the legal basis on which they occupy the property (former foster care home) changes and they become an ‘excluded licensee’ effectively lodging in the carer/s home. This situation is currently termed ‘Staying Put’ but is also known as Supported Lodgings.

2. Aims of “Staying Put” Placements

The primary aim of “Staying Put” is to promote a gradual transition from care to adulthood and independent living that recognises that some young people in care experience delayed maturity and/or special needs that may require them to remain in their placement post 18. Therefore, this policy is designed to ensure young people do not experience a sudden disruption to their living arrangements, that educational achievement and continuity is promoted and that ‘vulnerable’ young people can make a more gradual transition from care to independence

Although the aim is to minimise disruption and promote continuity, changing to a ‘staying put’ arrangement will be undertaken as part of a Pathway Plan with the specific purpose of enabling young people over an agreed period of time, to take more responsibility for themselves, become independent and reduce the intensity of the support provided in foster care. It is essential that a clear plan and agreement is established at the outset by all parties, to enable the young person and carers to fully understand the differences between ‘staying put’ compared with foster care, to ensure a smooth transition through to independence.

3. Criteria for Staying Put Policy

a) Young people who are vulnerable due to their history and delayed maturity requiring continuing care at a pre-18 level.

b) Young people who require an extended placement to undertake further or higher education.

c) Young people who have expressed a wish to remain for a further period with their former foster carers for more support into adulthood

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4. Setting Up ‘Staying Put’ Placements

Step One:-

At age 16yrs – establishment of a Pathway Plan for the looked after young person mustbe undertaken. A Pathway Plan replaces a Care Plan and any Personal Education Plan will inform and complement the Pathway Plan. The Child Looked After Review will become a Child Looked After Pathway Review which will be reviewed and chaired by an IRO (Independent Reviewing Officer) every six months. After the young person turns 18 years old, the Pathway review will be chaired by the allocated social worker to the young person, either a Social Worker or a Personal Advisor in the Leaving Care/UASC Team.

The Pathway Plan part one is an assessment of need, focusing on health, education, identity, family and social relationships, emotional and behavioural development, self-care skills and social presentation, finance, support, family and environmental factors, accommodation and analysis. Thereafter, a Pathway Plan is agreed by all involved to identify how those needs will be met, with a named person responsible for each need and timescales, including a contingency plan if, for whatever reason, the planned arrangements are not realised. The young person can decide who they want present at the LAC Review, but it is encouraged that the carer, education, health and any other professionals involved with the young person should be included. If professionals are excluded from the review, their views can still be ascertained by the allocated worker in the Leaving Care/UASC Team to form part of the assessment and plan. Furthermore, it should be agreed with the young person who can receive a copy of the Plan. If there is disagreement with the plan,. This must be clearly recorded.

As part of the Pathway Plan, initial consideration of the possibility of Staying Put (i.e. if the young person is likely to meet the criteria for it and if the Foster Carer is likely to be available to offer this) must be addressed.

Ongoing regular communication/liaison between Social Worker/Personal Adviser, Young person, Supervising Social Worker and Foster carer is essential as related discussions are developed in various home visits and supervision sessions between the carer and Supervising Social Worker every 6 weeks.

Step Two:-

Formal review of the progress of the Pathway Plan and consideration of the option of Staying Put to continue through the 6 monthly Child Looked After Pathway Reviews until a final decision can be made regarding this option. This must be at a minimum of 6 months before the Young Person’s 18th birthday.

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Step Three:-

If staying put is agreed as a transition plan, a License Agreement (Appendix A) and Placement Agreement Meeting (Appendix B) should be drawn up and signed by all involved parties. These must be approved at the last Child Looked After Pathway Review/signed off by the IRO.

Once a young person reaches 18 years of age they are no longer fostered and all legal and financial arrangements change. These changes (highlighted below) must be understood and accepted by all involved parties.

5. Changes in Support and regulatory arrangements if a placement becomes one of ‘Staying Put’

For the Carer:

If the carer also continues to foster other children as a registered AFC Foster Carer, his/her approval range may need to be reviewed to account for another household adult and any implications for matching/age groups etc.

While the Supervising Social Worker from Fostering continues to offer the full range of available support, supervision and training in respect of any placed foster children, it will no longer be his/her responsibility to supervise the carer in terms of the ‘staying put’ young person.

Post 18 years the allocated worker in the Leaving Care/UASC Team will continue to maintain regular contact with the young person and their professional network, including the previous carer. If there is a breakdown in the ‘staying put’ arrangement, the allocated worker in the Leaving Care/UASC Team must be informed and a meeting or Review will take place to address the issues. If the issues between the previous carer and the young person cannot be resolved, it may be that the young person would need to be given a ‘notice to quit’ by the previous carer (usually 28 days notice or immediate if any member of the household is at risk of significant harm) Where a carer or young person wishes to end the staying put placement a notice period of 28 days should be given, in order for alternative accommodation to be sourced. The continued appropriateness of a staying put placement will also be reviewed in the Pathway Review Process.

All carers will be expected to adhere to the same confidentiality procedures, although daily records will not be expected to be kept. Significant events should be communicated to relevant workers.

Once the ‘staying put’ placement comes to an end Panel will be notified of the carers decision to no longer offer a ‘staying put’ or fostering placement and therefore their resignation from the service.

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All carers will be expected to adhere to the same confidentiality procedures, although daily records will not be expected to be kept but significant events should be communicated to relevant workers.

6. CRB Checks

Where a foster carer wishes to continue to foster alongside providing a ‘staying put’ placement all people aged over 18 years who live in or stay in the household regularly, including previously fostered young people, will be required to have an enhanced CRB check. Where a ‘staying put’ provider no longer wishes to foster the Local Authority will not require CRB checks to be undertaken. It is the responsibility of the ‘staying put’ provider to ensure any children in the home are safeguarded appropriately.

7. Finances

Carers will continue to receive a fostering fee payment for a staying put placement. Arrangements may be made between the young person and the carer to contribute some of their income towards the provision of food etc. Any such arrangements should be documented as part of the Placement Plan Agreement. All payments will be made from Achieving For Children and therefore should not affect carers’ tax relief entitlements, see Appendix F for full details.

8. Allowance payment to carers

The carer would retain the fostering fee (currently under review) for a period of one year and then be reviewed.

9. Reward Element payment to carers

The carer would retain the fostering fee (currently under review) for a period of one year and then be reviewed.

10. Total Payments to Carers

The carer would retain the fostering fee (currently under review) for a period of one year and then to be reviewed. The cost of caring for the young person would be met by the young person via welfare benefits, including housing benefit or maintenance grant through a student loan if they are studying at university.

11. Income received by young people

The majority of young people would be eligible for welfare benefits, including if they are in full time education (Income Support of £57.90 weekly or equivalent Job Seekers

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Allowance if unemployed or studying part time). Furthermore, if a young person is under the age of 19 years old and in full time education, they receive the 16-19 education bursary of £30 weekly from their college.

If young people are not eligible for welfare benefits, they will receive weekly subsistence of £57.90 from AFC.

It is the young person’s responsibility to pay for their own toiletries, clothing and leisure activities. Young people at university will not receive subsistence payments from AFC except during the summer holidays. Instead they will receive a student loan from Student Finance.

Young people would be expected to contribute up to £30 weekly towards food and a service charge to their carer. Young people at university would be expected to use their maintenance grant to pay the weekly £30 charge.

12. Retainer

Where a young person requires the placement to remain open for periods where they are residing elsewhere. This is based on the understanding that at any time if the young person required the placement it would be available to them. Therefore this equates to 50% of the fostering fee only.

13. Additional Payments

There are no specific additional payments for providers linked to this scheme, as most costs should be met through the Leaving Care service directly to the young person.However, there may be instances where the best way to meet an additional needwould be through the provider and in these instances the Leaving Care service would reimburse costs incurred e.g. if the provider undertook specific transport arrangements perhaps taking a young person to University etc.

14. Other Considerations

Where having an adult over the age of 18 years living in the home affects the carers Council Tax Single Occupancy Reduction, the increase will be reimbursed by the Department.

‘Staying put’ providers will need to notify any landlord of the arrangement and ensure that their insurance provider is also notified of their intention to provide a placement to a young adult.

The 2010 Income Tax Relief for Shared Lives Carers advised that ‘Shared lives carers, including adult placement carers, staying put carers and the certain kinship carers’ will

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be entitled ‘to claim the same income tax relief as foster carers. The new relief will be known as the qualifying care relief.’ As with fostering, providers must declare themselves as self-employed and complete yearly tax self assessments.

15. Reviewing Staying Put Arrangements

The continued appropriateness of a staying put placement will be reviewed in the Pathway Plan, and any timescales for moving young people on to other accommodation will be discussed as part of this process.

Where a carer or young person wishes to end a staying put placement a notice period of 28 days should be given, in order for alternative accommodation to be sourced.

If it should become necessary to evict a young person from a property the Local Authority is in agreement to cover any costs associated with changing locks to ensure the security of the home.

APPENDIX A

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License Agreement

This license agreement is between:

( YP/Excluded Licensee?) and

(Carer )

and Specialist Children’s Services (The Council) in relation to (YP’s Name) at:

(Property)

From for a period of

This document forms a license agreement, setting out the terms under which the Council has arranged a ‘staying put’ placement for you at the above named property and explains the rights and obligations you have during your stay.

1. Accommodation

1.1 Your accommodation consists of a furnished room within the above named property. A Placement Agreement Plan will be agreed and signed by yourself and the carer in advance of the start of the license agreement which will set out the conditions under which you will occupy your room at the property.

2. Finances

2.1 Payments will be made to the carer by the Local Authority for the fostering fee. The young person will make direct payments to the carer for food and a service charge. Housing Benefit will be applied for to enable the young person to pay their rent. The carer may also receive a reward element payment. (These are listed in the attached policy document)

2.2 Payments will be paid to young people by applying for welfare benefits (Income Support or Job Seekers Allowance. If at university, the young person must apply for a student loan to cover clothing, food and leisure activities.

APPENDIX A

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2.3 It is not expected that carers provide any money for young people.

2.4 These payments will be reviewed annually and you will be given written notice of any changes.

3. Obligations of Carer

3.1 You will be entitled to receive advice on benefits, employment and any other matters that concern you while a licensee.

3.2 You will be consulted about the redecoration and equipping of your room but this remains at the discretion of the carer.

3.3 The carer will keep the property and its fixtures in good order and repair and will work to the agreed Placement and Pathway Plans

3.4 Your social worker or leaving care worker will meet with you regularly to provide you with advice and support

4. Your Obligations (Young Person)

4.1 You must take reasonable care of your room and communal areas and keep it clean and tidy.

4.2 You must adhere to the conditions set out in the Placement Agreement.

4.3 The property must not be used for any commercial purposes.

4.4 You must not allow any other person to become a resident at the property.

4.5 You must not commit, or allow any visitor to commit, any form of harassment on the grounds of race, colour, religion, gender, sexual orientation, disability or on any other grounds which may interfere with the peace and comfort of, or cause offence to, the carer, visitors or neighbours.

4.6 You must not play, or allow to be played, any radio, television or audio equipment so loudly that it causes a nuisance or annoyance to the carer or to neighbours or so that it can be heard outside the premises between the hours of 11 pm and 7.30 am.

4.7 You must report the need for any repairs at the property promptly to the carer.

4.8 You will be expected to pay for any deliberate damage that you cause to the property or to its furniture, fittings or fixtures.

4.9 You must not keep any pet or animal on the premises.

APPENDIX A

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5. Complaints

5.1 If you have any complaints about the service provided, you should raise them with your carer or leaving care worker in the first instance. If you are not satisfied with the response you receive, you should contact the Leaving Care Team Leader.

6. Termination of the license

6.1 You can terminate your license agreement by giving 28 days in notice to the carer.

6.2 The carer can terminate your tenancy by giving you 28 days notice in writing. However, the carer reserves the right to terminate your license agreement without notice in an extreme case of violation of the terms of this license agreement or the Placement Agreement or if there is a threat of, or actual harm done, to the carer or neighbours by yourself or your guests.

6.3 Your license agreement will be terminated if you persistently breach the conditions of this agreement or the Placement Agreement.

6.4 If you are given Notice to Quit by the carer, you must vacate the property by the date given

7. Agreement

I have read and accept all the terms stated in this license agreement

Name: (Tenant)

Signed: Date:

Name: (Carer)

Signed: Date:

Name: (Leaving Care Worker)

Signed: Date:

Name: (Supervising Social Worker)

Signed: Date:

APPENDIX B

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Placement Agreement Meeting

The young person, carer/s, leaving care social worker/personal advisors and supervising social worker should meet to develop the Placement Agreement prior to the young person’s 18th birthday. The agreement should set out everyone’s expectations and clarify roles and responsibilities. The agreement should be incorporated into the young person’s Pathway Plan. The agreement should cover:

- Preparation for independence tasks.- Finance, including the young person having credit cards, loan agreement,

and mobile phone contracts registered to the address.- Income and benefits claims.- Friends and partners visiting and staying over.- Staying away and informing the carer of movements.- Education, training and employment opportunities.- Health arrangements.- Move-on arrangements.- Issues relating to younger foster care children in the placement.

APPENDIX C

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Local Benefits ServiceAddress Line 2 TownCity Postcode

Date

Dear Sir/Madam,

“Staying Put” Carers AddressAddress Line 2

Town City

Postcode

This letter is provided to confirm that (Add Full Name) was previously a foster care child placed in my household. (Add Full Name) has now reached the age of eighteen and will be remaining as an ‘independent adult’ in my house to complete his/her education or due to his or her vulnerability under a “Staying Put” arrangement. (Add Full Name) is liable for rent costs of £XXX per week excluding meals and utility charges, which will be covered by Income Support or Job Seekers Allowance. As (Add Full Name) is provided with meals and is a care leaver I understand (he/she) is eligible to claim Housing Benefit under the 1996 Housing Benefit maximum rent rules relating to ‘Boarder’ arrangements.

As (Add Full Name) was previously ‘Looked After’ and remains vulnerable I would request that the Housing Benefit is paid directly to the foster carer/staying put carer.

Details can be found overleaf.

If you require any further information please do not hesitate to contact me.

Yours faithfully

SIGNED BY FOSTER CARER/STAYING PUT CARER

APPENDIX C

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YOUNG PERSON: (Insert name)DOB:

N.I NUMBER:

CURRENT ADDRESS:

TYPE OF ACCOMMODATION AND TENANCY:

Previous Foster Care Placement (“Staying Put” Arrangement) – Excluded Licence

Name of Landlord: Foster Carer/Staying Put CarerAgent for the Landlord: Achieving For Children