STAYING PUT POLICY AND PROCEDURE

August 2015

“Arrangements for Care Leavers aged eighteen and above to stay on with their former foster

carers”

Document Control

Date Responsible Officer/Author

Ver 1 June 2014 Draft to SW Teams to comment

Averil Kathan

Ver 2 July 2015 Amended Draft Averil Kathan Ver 3 October 2014 Decision to progress as part

of a wider piece of work on LAC and Care leavers Strategy

New Allowance and Post order support payments Schedule required first

Vicki Lawson

Ver 4 March 2015 Final Draft for comments by staff, managers and other professionals

Jill Forrest

Ver 5 31st March 2015 Final Draft for discussion Jill Forrest

Ver 6 August 2015 Final draft for approval Jean Ash

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CONTENTS 1)Introduction

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2)What Care Leavers Say They Want

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3)Reading Borough Council Ethos

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4)Legislation And Statutory Guidance

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5)Fostering, Staying Put And Shared Lives Regulatory Frameworks

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6)Preparation For Staying Put

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7)Procedure For Progressing A Staying Put Arrangement.

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8)Changing Status - Foster Care Placement To Staying Put Arrangement

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9)Expectations Of The Staying Put Carer

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10)Expectations Of The Care Leaver

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11)Financial Arrangements

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13)Carer Financial Circumstances

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14)Higher Education Vacation - Staying Put Carer Payments

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15)Care Leaver Financial Circumstances

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16)Claiming Housing Benefit For Their Rent In A Staying Put Arrangement.

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17)Support And Monitoring Of The Arrangement (Carers)

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18)Support For The Young Person 16 19)Licence Agreement For Staying Put Arrangement

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20)Standard Housing Benefit Claim Letter for Young Person 20 21)Living Together Agreement

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1)Introduction This Staying Put policy and procedure sets out how Reading Borough Council will promote and support Staying Put as a positive choice for Care Leavers who are in foster care when they turn 18 years of age. Local Authorities have a specific duty to financially support Care Leavers to Stay Put with their former foster carers if both parties want the former to remain in this home. 2)What Care Leavers Say They Want

To be listened to To feel loved and cared for To be treated as part of the family To have a normal life and positive future Emotional and practical support to deal with difficulties To maintain links with family and community

A young people’s guide to Staying Put is available at http://www.catch-22.org.uk/wp-content/uploads/2015/01/Staying-Put-FINAL-WEB.pdf 3)Reading Borough Council’s Ethos

- Staying Put should be considered for all Care Leavers who are in foster care - There should be no additional criteria or hoops to jump through - The pathway planning for the young person should address Staying Put

though ultimately the decision is for the foster carer and young person – an agreement between adults

- The Local Authority has a duty to support Staying Put, including financially - Staying Put needs to be covered in all foster carer recruitment and

assessment (including with Independent Fostering Agency and Connected Person carers (aka Family and Friends carers)

- Staying Put arrangements should replicate as far as possible normal family life.

- As a young adult the Care Leaver is freely choosing whether to enter into a Staying Put arrangement

- The carer is also free to choose whether to offer their foster child a Staying Put arrangement, but they will be encouraged and supported by the Local Authority to do so.

- Building on the secure and stable environment of a ‘Staying Put’ arrangement, the Local Authority, former foster carer and young person, will address how the latter can best be supported to develop the skills required for future independent living.

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4)Legislation And Statutory Guidance The following legislation and statutory guidance are relevant to the rights of Care Leavers, including their right to stay with their former foster carers if the foster carer is willing to enter into a Staying Put Arrangement with them as a young adult. The Children Act 89- as amended with subsequent legislation Children and Young Persons Act 2008 The Children and Families Act 2014 National Care Leavers Strategy One Year on progress Report October 2014 Care Leavers (England) Regulations 2010 Staying Put Guidance 2013 DfE, DWP and HMRC Guidance 1989 Guidance and Regulations Volume 3: planning transition to adulthood for care leavers Publication date: October 2010 Implementation date: 1 April 2011 Revision date: January 2015 Staying Put is not covered by the Fostering Regulations 2011 because the young person is no longer looked after and a Staying Put arrangement is not a placement. Such an arrangement takes place via the mutual agreement of the young person and their former foster carer with supporting payment being made to the carer by the Local Authority (the carers becoming Staying Put carers from the young person’s 18th birthday). 5)Fostering And Staying Put Regulatory Frameworks It is important to provide a framework for safeguarding and checking arrangements for the whole household where there is a Staying Put arrangement in place. Where the Staying Put carers continue to be approved foster carers offering foster placements in addition to the Staying Put arrangement the Staying Put household will continue to meet the checks and requirements associated with fostering legislation, including annual reviews. Before the young person’s 18th birthday the amended Form F identifying the change in circumstances, DBS check results for the Care Leaver and any subsequent risk assessment will be presented to the Foster Panel and Agency Decision Maker to review the details of the carer’s approval alongside the Staying Put arrangement. Young people remaining in a foster care household at the age of eighteen, will become adult members of the household and will require a valid DBS check in settings where a foster child or foster children are also living. To ensure the check (and possible subsequent risk assessment) is completed by the child/young person’s eighteenth birthday the process will need to commence in sufficient time. The carer’s fostering agency will be expected to arrange and pay for this DBS check.

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Where RBC approved foster carers become Staying Put carers and do not continue to offer foster placements in addition to the Staying Put arrangement, before the young person’s 18th birthday information will be presented to the Foster Panel who will act as quality assurers for the commencement of the Staying Put arrangement, identifying any perceived issues to be addressed by the Supervising Social Worker or Leaving Care Advisor/their respective managers. The carers will not require additional assessment when the Care Leaver turns 18 as at that time their approval as foster carers will be up to date (with all the checks this entails). The Panel are not making recommendations for an Agency Decision Maker’s decision in this situation. The Staying Put arrangement is one between the adult Care Leaver and the Staying Put carer with support from the Local Authority. The carers will be deemed to become Staying Put carers. The Reading Foster Panel will be informed of their change of status and the carers will be required to continue to meet key safeguarding standards for the duration of the Staying Put arrangement i.e: • to ensure the “Staying Put” arrangement is deemed ‘suitable accommodation’

and meets the requirement of Regulation 6, 7 & 9 and Schedule 2 of the Planning Transition to Adulthood Guidance, which includes the Care Leavers (England) Regulations 2010.

• to have safeguarding and risk assessment checks on household members and in certain circumstances regular visitors;

• to meet health and safety requirements (as a minimum this should comply with landlord and licensee/tenant requirements);

• to receive regular supervision and support, from a Fostering Service Supervising Social Worker.

• To attend training relevant to Staying Put. As of the Care Leaver’s 18th birthday therefore legislation relating to fostering will no longer apply to the arrangement for the Care Leaver and the carers become Staying Put carers for that young person rather than their foster carers (subject to the processes contained in this document rather than as a result of Fostering Regulations). However in order to encourage carers to offer Staying Put arrangements and give time for transitional issues to be resolved, the carer will retain the status of being an approved RBC foster carer for 3 months after the Care Leaver’s 18th birthday. After this point they will cease to be an approved foster carer. In the exceptional circumstance of notice being given by either party by the 3 month point, the period of continued foster carer approval can be extended in order to allow the carer to resume fostering after an appropriate notice period and the Care Leaver moving. In either situation payment will change to the Staying Put arrangement as of the young person’s 18th birthday. If the RBC Staying Put carer wishes to resume fostering for RBC at the end of the Staying Put arrangement their Form F will be updated and presented to Foster Panel. The recommended extended period of notice for the termination of Staying Put arrangements (3 months) will be used for this process.

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Where the care leaver has an on-going cognitive disability and meets the criteria established by Reading Borough Council’s Adult Services for access to the Shared Lives scheme plus the former Foster Carers are willing to be assessed for registration as Shared Lives carers Staying Put arrangements should be converted to Shared Lives arrangements. .This is important to ensure that both the young person and the carer have a formal regulatory and safeguarding framework that addresses their respective needs. If there is a possibility that the young person might meet the criteria for an adult placement then a referral to the Shared Lives Scheme should be made in order that an assessment of their eligibility can be concluded by the time the young person is aged 17 years and 5 months. The roles of the Leaving Care Personal Advisor, the Children and Young Person’s Disability Team (CYPDT) Social Worker and the Shared Lives worker (supporting the carer) should be clear and spelt out in the young person’s pathway plan to ensure smooth transitions for the young person. 6)Preparation For Staying Put 19BA of Schedule 2 to the Children Act 1989 makes provision for the planning and preparation for a Staying Put arrangement once the young person turns 16 and becomes an eligible child. Discussions with the young person and foster carer regarding the option of Staying Put should start as early as possible, ideally before the young person reaches the age of 16, as part of their 15 plus needs assessment or possibly earlier would be appropriate where the permanence plan for the child is long term foster care. The work to prepare the young person for adulthood will progress as usual from the age of 16 (including obtaining a NI number, a passport and registering for their local housing list). Through the pathway planning process, discussions should take into consideration all possible pathways for young people, whilst they are looked after, and how these will lead to a positive outcome at 18. The wishes and feelings of the young person and separately the foster carer will be continuous drivers for pathway planning, keeping all options open for the young person so as to be flexible for their evolving views. The possibility of a Staying Put arrangement first of all depends on the young person being placed in foster care. There is no minimum stay in foster care required for qualification for Staying Put. If the young person qualifies for full leaving care services as a former relevant Care Leaver and the foster placement was in place on their 18th birthday they are eligible for Staying Put. Both the young person and their foster carer must express a wish to enter into a Staying Put arrangement at the point when the young person will become 18. The Local Authority has a duty to provide advice, assistance and financial support to facilitate the Staying Put arrangement unless it is ‘not consistent with the welfare of the young person’

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7)Procedure For Progressing A Staying Put Arrangement. All foster carers and Independent Fostering Agencies will be signposted to/ receive a copy of this Reading Borough Council (RBC) Staying Put Policy and Procedure when they are providing a foster placement to a Reading young person who is aged 16 or over, so that they are aware of what support they will be given, should they enter into a Staying Put Arrangement in the future. Reading Borough Council’s Commissioning Team will ask Independent Fostering Agencies to discuss this with carers of Reading children. All Reading 16 plus year old looked after young people will have this Staying Put Policy and Procedure explained to them by their Social Worker so that they can be thinking about this as an option for themselves at 18 along with their other choices. A national young people’s guide to staying put is available at http://www.catch-22.org.uk/wp-content/uploads/2015/01/Staying-Put-FINAL-WEB.pdf By the time the young person is 17 years of age the Staying Put carer’s support package, including financial arrangements, will have been discussed with the foster carer so that they can make their own enquiries about how their personal taxation and/or benefits might be affected by the change from fostering to Staying Put (e.g the impact on foster carer’s/Staying Put carer’s income tax, welfare benefits and council tax support – any change for the carers when the young person reaches the age of 18 years. By the time the young person is 17 years 3 months the foster carer will be asked to decide whether they are offering a Staying Put arrangement to their foster child based on Reading’s support offer (as contained in this policy and procedure). They will also be asked to confirm how much rent they will expect (see section 11 below). If the foster carer is offering a Staying Put Arrangement to the young person when they turn 18 then the young person must be specifically asked by their Social Worker whether this is what they would like to happen at 18 as it is important that they are allowed to make a choice for themselves. Both the young person and the foster carer should be made aware that entering into a Staying Put Arrangement at 18 does not commit either of them to Staying Put up to their 21st birthday as either of them can give notice for the arrangement to end. By the time the young person is 17 years 5 months if the foster carer and the young person both wish to enter into a Staying Put Arrangement at 18 then the need for carer support must be communicated to the Fostering Team Manager (and the Commissioning Team when it is an Independent Fostering Agency placement). For IFA foster carers the commissioning team will then enter into negotiations about how the Staying Put Arrangement will be supported. For Independent Fostering Agencies (IFA) there are two choices: 1. Either the IFA agrees to support the arrangement and RBC agree to pay them

£100 pw on top of the £246.44 (2015-16 rate) for the qualifying care payment

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2. Or the RBC Fostering Team will provide support to the Staying Put carers.

(Carer payment rates, young people’s contributions and rent arrangements are the same for RBC and IFA Carers.) By the time the young person is 17 years and 6 months the pathway plan will reflect Staying Put as the plan for the care leaver at 18. Approval of this plan will be required from their Independent Reviewing Officer (IRO) at the Statutory Review of the Pathway Plan. DBS (police) checks and any resulting risk assessments will be carried out by the carer’s fostering agency to inform any actions required when the Care Leaver becomes 18. By the time the young person is aged 17 years and 8 months -The Staying Put Support plan will be completed, detailing the Staying Put support arrangements to be provided by either RBC or the IFA post 18. This will include any training to be offered and the arrangements for annual review. By the time the young person is aged 17years and 10 months -The Living Together Agreement will be completed by the Social Worker, the young person, the foster carer and the agency which will be supporting the Staying Put arrangement post 18. The Care Leaver’s Social Worker/ Personal Advisor will support the young person in making a claim for any benefits , educational allowances or housing benefit. 8)Changing Status - Foster Care Placement To Staying Put Arrangement Following a young person’s 18th birthday, the legal basis on which they occupy the property (former foster care home) changes and they become an ‘excluded licensee’ who is affectively lodging in the Staying Put carer’s home. The associated change from foster child to adult member of the household, and for the carer from foster carer to Staying Put carer, (technically the young person’s landlord) should be explained to both the care leaver and the carer. While the legal nature of the arrangement has changed it is based on the positive aspects of having been in this home as a foster placement. An ‘excluded licensee’ can be asked to leave the property by the Staying Put carer, who must give ‘reasonable notice’. In extreme circumstances it may be considered reasonable for the Staying Put carer or Care Leaver to give very short notice. The Care Leaver is also able to give reasonable notice of deciding to leave the Staying Put arrangement, if circumstances have changed or if the care leaver feels ready to explore a different type of suitable accommodation

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The formal notice period will be one month on either side, although informal longer term planning and a notice period of 3 months is strongly encouraged. This longer period gives the other party the opportunity to make appropriate future plans. The carer will be required to complete a license agreement commencing on the young person’s 18th birthday, which specifies that the rent does not include any food, utilities or support and confirms that the formal notice period is 1 month on either side. See Appendix 1 Young people, Staying Put carers, Leaving Care Personal Advisers and Supervising Social Workers should meet to convert the placement plan into a ‘Living Together Agreement’ (see Appendix 3) prior to a young person’s 18th birthday. The agreement should set out the expectation of all parties and clarify roles and responsibilities. The agreement should be incorporated into the young person’s pathway plan. 9)Expectations Of The Staying Put Carer Carers are expected to provide:

• A warm and welcoming home • A furnished bedroom • Food and/or ingredients for cooking • Heating, electric, gas, cooking facilities, washing machine, etc • Shared household items such as cleaning products, shampoo, conditioner, shower

and bath products, toilet rolls, soap powder etc. • Use of computer, TV (can be shared with family if young person does not have

their own) • Reasonable mileage involved in supporting the care leaver in their leisure,

education work or contact on same terms as foster care mileage • Writing reports for and attendance at Review of Pathway Plan

Young people should be supported as part of the Staying Put arrangement to continue to develop a range of skills including:

• Relationships - getting on with neighbours; understanding acceptable behaviour; when and how to communicate with relevant professionals

• Emotional Resilience - managing isolation and where to go for support. Building self-esteem

• Developing their adult status and confidence in making positive decisions for themselves

• Finance and budgeting - opening a bank account, safe borrowing and managing debt, understanding basic financial products, benefits and welfare reform; budgeting for priority bills, household appliances and everyday shopping on a budget

• Cooking - cooking healthily and on a budget; understanding nutrition and its impact on overall health

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• Managing a home - washing and ironing, cleaning, basic DIY, operating appliances and what is allowed within a tenancy

• Applying for jobs - understanding strengths and areas for personal development; developing job skills, understanding job/volunteering pathways and support available; understanding bursaries and other financial support; where to go for advice; understanding the impact of work on benefits

• Support to engage / maintain young person in Education, Training and Work • Support with physical, emotional and mental health issues

Staying Put carers are advised to inform their mortgage provider or landlord and their buildings and contents insurance provider that they will continue to be supporting a former foster child as a young adult under a Staying Put arrangement. Staying Put carers who transport young people are required to apply the same level of standards and care when transporting Staying Put young people as they did when they were transporting a foster child, i.e. comprehensive business insurance, a valid MOT, a valid Road Vehicle License and a road worthy vehicle. The foster carers should hold public liability insurance. Some have this insurance by virtue of their Local Authority membership of Fostering Network. The carer will need to check with their insurers, that their cover includes the Staying Put arrangement. Foster carers and “Staying Put” carers must ensure that they inform the Department for Work and Pensions and HM Customs and Revenue of any change of circumstance in their family, with their foster children, or with their “Staying Put” young people. 10)Expectations Of The Care Leaver Staying Put arrangements are mutual agreements between Care Leavers and their former foster parents. Care leavers are adults and no longer have to seek the consent of other adults before making decisions for themselves. However, it is important for them to exercise these new freedoms within the context of respectful relationships, which support the maintenance and positive development of their relationships with their Staying Put family. For example, keeping the Staying Put Carer up to date with their plans so that the rest of the family can also plan their arrangements both together and separately. The Care Leaver uses their income to:

• Contribute £20 pw to the Staying Put household’s shared items • Personal leisure and sport, clothing, public transport, cosmetics, personal items • Own Savings

The specific expectations relating to individual carers and Care Leavers will be contained in the Living Together Agreement

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11)Financial Arrangements The Care Leaver will be either working and/or eligible for benefits and/or educational allowances once they turn 18 years of age. The Social Worker/Personal Adviser/foster carer should help the Care Leaver to have everything applied for in readiness for them turning 18. Reading provides Staying Put payments to the carers, which are equivalent to the weekly allowance payable for a 16 or 17 year old in foster care. For 2016-17 this is £246.44pw (based on the Fostering Networks recommended rate for 16-17 year olds in foster care.) The carers are expected to provide a home environment for the Care Leaver out of this payment including meals or the ingredients for the Care Leaver to cook their own meals (see section 9 above). No additional allowance for festivals is payable in respect of a Staying Put arrangement. No foster carer fees are payable in respect of a Staying Put arrangement. In addition to the Qualifying Care Payment from the Local Authority, the young person will pay a weekly sum of £20 into the household ‘kitty’. The young person’s contribution is for things they will use themselves or share in the household (an informal contribution between the young person and their carer) The carer is also able to charge the Care Leaver rent. RBC suggests a maximum rent of £153 pw. As this is the maximum Local Housing Allowance for Care Leavers between 18-21yrs (the equivalent of the amount payable for a 1 bed flat) fixed by the government at this rate for 4 years it will therefore be the maximum Housing Benefit which can be received by the young person. Where relevant, consideration also needs to be given by the carer to the maximum they can receive without this impacting on their income tax (see section 12 below). The rent and young person’s contribution are not deducted from the Staying Put Allowance. This is because the Allowance is a qualifying care payment by the Local Authority paid under 23C rules for taxation and the carer’s benefit. This meets the Local Authority’s duty to financially assist former foster carers in continuing to provide a home and care for the young care leaver as a member of the family. Where possible the housing benefit will be paid to the young person to forward to the carer from the start of the arrangement. By paying rent the Care Leaver is learning to manage their money and sort out their housing benefit, in preparation for independence in the future. Where the Care Leaver is too vulnerable to manage their finances, and they give their agreement, the housing benefit can be paid straight to the carer by the local Housing Benefit office. For those young people where financial management is a substantial issue, this will constitute part of their independence training. They will take on this responsibility at the earliest stage possible during the course of the arrangement. The payment route will be discussed as part of the Pathway Planning process and established in the Living Together Agreement in line with the young person’s level of independence functioning. Once the Care Leaver is responsible for paying their rent to the carer, the latter will report any non-payment immediately to the Care Leaving Advisor in order that work is undertaken with the young person concerned. The

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payment route will be actively reviewed and managed to achieve development by the young person to a position of appropriate financial management and independence. The carer will include the amount of rent payable in the licensee agreement for the young person to claim in housing benefit. This is an arrangement between the carer and the young person (who is now an adult). No foster carer fee is paid by RBC for Staying Put arrangements. If the fostering agency is not RBC then a weekly management fee of £100 will be offered to the fostering agency to support the Staying Put carers with the Arrangement. There is a current proposal from the Local Authorities in the South Central Framework to set the cost at 40% of the former fostering payments. RBC will need to consider this if our partner Authorities and the IFAs on the framework agree to implement this. If the agency is unwilling to support the Staying Put arrangement then Reading will support the Staying Put carers for the duration of the arrangement. Their availability to foster will be a matter for them and their fostering agency to decide. The maximum liability for RBC in paying Staying Put payments to the carer: where at least one months notice has not been given by the Care Leaver, will be for up to 4 weeks after the Care Leaver has left the property in lieu of notice. where at least one months notice has not been given by the carer, no additional payments will be made after the Care Leaver has left the property. 12)Carer’s Financial Circumstances The specific Department for Work and Pensions (DWP) legislation covering Staying Put arrangements highlights that (1) where a young person continues to reside with their former foster carer after their eighteenth birthday on a non-commercial and familial basis, and (2) where the child was looked after immediately prior to their eighteenth birthday, and (3) where the payments are made by the local authority to the carer under section 23C of the Children Act 1989, the payments are disregarded in calculating the carer’s entitlement to means tested benefits or for tax calculations. (This applies to the RBC Staying Put Allowance which is a Qualifying Care Payment paid under S23C) When a commercial arrangement is made, i.e. any element of the cost of the arrangement coming from a source other than section 23C; the non-section 23C element will be taken into account in the calculation of the Staying Put carer’s own means tested benefit claim. Similar applies under HM Revenue and Customs (HMRC) rules for tax calculations1. (This applies to any rent paid)

1 HMRC Tax Helpsheet HS 236

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Hence the qualifying care payment of (equivalent to fostering network, outside London, recommended rate for 16 -18 year olds) has to be declared, but does not affect the carers benefits or taxation. The Care Leaver’s own contribution of £20 pw towards their share of general shared household items like toilet rolls, soap powder, utilities etc. is not a payment to the carer as it is for items used by the Care Leaver (similar to a ‘kitty’ in a shared house) and should not therefore be counted as income for the carer. The rent paid by the Care Leaver, whether by housing benefit or out of their own earnings does count as income for the carer. The carer needs to check the amount that they can charge (at the time that the arrangement is starting) without it affecting taxation under the rent a room limit. This figure and the amount of housing benefit which can be claimed have been quoted in this document as the advisory maximum level of rent for a Staying Put carer to charge the Care Leaver. It is however acceptable for the carer to charge either less or more rent than this taxation guide according to their own financial situation, provided the amount will be covered by the Care Leaver’s own housing benefit claim. The details of the rent to be charged by the carer must be decided prior to the Care Leavers 18th birthday and included in the licence agreement and the written Staying Put Arrangement Living Together Agreement. NB Every carer should seek their own advice from the DWP or HMRC about their personal financial situation in respect of how the rent will affect their taxation or benefits. It is the carers responsibility to do this as individual complexities can apply, which might affect how much rent a carer decides to charge. In this RBC Staying Put Scheme- the Care Leaver’s food, utilities and support are not included in the commercial arrangement (rent) because they are included in the Qualifying Care Payment. The income of the Care Leaver does not affect the taxation or benefits of the Staying Put carer. 13)Higher Education Vacation - Staying Put Carer Payments Where a young person is in a Staying Put Arrangement and they start spending term time staying away for educational purposes, e.g. in halls of residence at a University the Staying Put carer payments will not be paid during the time when the young person should be away accessing their education. However, the carer payments will be paid to the carer pro rata for holiday stays with the carers (these holiday Staying Put qualifying care payments will be paid

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/201015/Staying_Put_Guidance.pdf

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under S23C even when some accommodation elsewhere is also being paid by the Local Authority.) The Care Leaver will also be expected to pay their contribution of £20 per week to the household for shared items on a pro rata basis. The Care leaver will not be able to pay any rent to the carer and RBC will not pay any rent to the carer during vacations.) The HMRC “Staying Put” framework and Qualifying Care Relief Scheme will continue to apply to the carer’s income calculations provided that 1) a pathway plan is in place, 2) an allowance is paid by the local authority, 3) the young person was previously defined as “Staying Put”, 4) the young person is under 21, or if over 21 is still engaged in the education being undertaken on their 21st birthday As no payments will be paid to the Staying Put carers during term time, it is not reasonable for the Local Authority to insist that the carers maintain a separate bedroom for the young person in their absence. However the Staying Put family are expected to make adequate, safe and welcoming sleeping arrangements for the return of the young person during vacations as would any family with a young adult member returning home from university. Should the Staying Put carers continue to offer respite/short term fostering placements where the foster child will use the bedroom used by the Care Leaver, such foster placements will be organised around educational breaks/when the Care Leaver plans to be in the home. At the point of writing further consultation with young people, carers and social Local Authority workers is envisaged regarding these holiday specific arrangements. 14)Care Leaver’s Financial Circumstances

• Care Leavers who are working are subject to taxation and National Insurance contributions

• If they are on a low income they may still be entitled to some benefits, including housing benefit.

• Jobseekers Allowance is claimable where young people are registered as unemployed and are available for and actively seeking full time employment.

• Young people can claim Income Support under the ‘Relevant Education’ rules if they remain ‘estranged’ from their family and are undertaking a full time (over 12 hours of guided learning) education or training course which is of a non-advanced education level.

• Lone parents can claim Income Support until their child is 5 years old, Healthy Start Vouchers and a Sure Start Maternity Grant (1st child only) 11 weeks before the due birth date. From the birth of their baby they will also be eligible to claim Child Tax Credits and Child Benefit. (Eligible and Relevant lone parents aged 16 & 17 can also claim the above benefits, but only from the birth of their baby, unless they are in receipt of Employment & Support Allowance).

• Employment & Support Allowance can be claimed in circumstances where young people are deemed ‘sick or disabled’. (If the young person fits the eligibility criteria this benefit can be claimed from their 16th birthday regardless of being section 20, or section 31, or living in foster care). Young people with a disability

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may also be in receipt of a Personal Independence Payment (replacing Disability Living Allowance from April 2013). The Care Leaver, assisted by their Leaving Care Advisor, will be required to confirm the current position to fit their individual financial circumstances in relation to taxation, benefits and education grants etc. 15)Claiming Housing Benefit For Their Rent In A Staying Put Arrangement. Under the Reading Staying Put Policy and Procedure the rent charged by the carer does not include any support, utilities or food. These are all covered by the Qualifying Care Payment to the carers (the payment made by RBC to the carer) and by the young person from their own income. Reading Care Leavers who are Staying Put should therefore claim their housing benefit under the Local Housing Allowance rules and not under the 1996 Housing Benefit maximum rent rules relating to ‘Boarder’ arrangements The Living Together Agreement will stipulate if the housing benefit is paid to the young person or carer. Under the Local Housing Allowance rules this should be paid to the Care Leaver, the Care Leaver then pays their rent to the Staying Put carer, unless the young person agrees otherwise. If the Care Leaver is ‘vulnerable’ then the housing Benefit payment can be paid directly to the landlord (Staying Put carer). Being previously looked after, and requiring an on-going supported environment should help to highlight the continued ‘vulnerability’ of the claimant. If housing benefit is not payable for any reason RBC Children’s Services will not pay any additional sum to the Staying Put carer in lieu of rent/housing benefit. Any rent payable will be negotiated between the Care Leaver and the Staying Put Carer and paid by the Care Leaver. 16)Support For The Carer And Monitoring Of The Arrangement If the Staying Put carer remains an approved foster carer as well, the household will continue to be reviewed against the fostering standards by their fostering agency. In these circumstances they will automatically meet the requirements of ‘Suitable Accommodation’. A yearly review of the Staying Put arrangement will therefore either be incorporated in their fostering annual review, or if they are no longer foster carers as well as Staying Put carers. the arrangement will be subject to an annual review of them as a Staying Put carer. If RBC is supporting the Staying Put arrangement, then it must as a minimum, continue to meet the requirements of suitable accommodation when it is reviewed annually. The Planning Transition to Adulthood Guidance, which includes the Care Leavers (England) Regulations 2 for the purposes of section 23B(10), “suitable

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accommodation” means accommodation— (a) Which so far as reasonably practicable is suitable for the relevant child in the light of their needs, including any health needs and any needs arising from any disability, (b) In respect of which the responsible authority have satisfied themselves as to the character and suitability of the landlord or other provider, and (c) In respect of which the responsible authority have, so far as reasonably practicable, taken into account the relevant child’s— (i) Wishes and feelings and (ii) Education, training or employment needs. In determining for the purposes of paragraph (2)(a) whether accommodation is suitable for a relevant child, the responsible authority must have regard to the matters set out in Schedule 2: 1. In respect of the accommodation, the— (a) facilities and services provided, (b) state of repair, (c) safety, (d) location, (e) support, (f) tenancy status, and (g) the financial commitments involved for the relevant child and their affordability. 2. In respect of the relevant child, their— (a) views about the accommodation, (b) understanding of their rights and responsibilities in relation to the accommodation, and (c) understanding of funding arrangements. The Fostering Agency will provide support to the Staying Put carers – the details will be included in the Living Together Agreement (these will include a minimum of 6-8 weekly visits from a Supervising Social Worker and telephone support). 17)Support For The Young Person Once a young person ceases to be looked after and they are a relevant child, or once they reach legal adulthood at age 18 and are a former relevant child, then the local authority will no longer be required to provide them with a social worker to plan and co-ordinate their care, unless they have a Social Worker in CYPD or RBC’s Adults Services. The local authority must appoint a Leaving Care Advisor to support them. The Leaving Care Advisor will act as the focal point to ensure that Care Leavers are provided with the right kind of personal support. All care leavers should be aware of who their Leaving Care Advisor is and how to contact them, so that throughout their transition to adulthood they are able to rely on consistent support from their own key professional.

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18)Licence Agreement For Staying Put Arrangements This licence agreement explains the basis on which you can live here. You will have a separate ‘Living Together Agreement’ which should cover the ‘ground rules’ of the household as well as the areas of responsibility that all parties to the arrangement are expected to fulfil. The ‘Living Together Agreement’ replaces the placement plan you had when you were in foster care. This license agreement is between:

The householder (Staying Put Carer’s name):

Address:

and the licensee (Care Leaver’s name):

Aims of the Reading Staying Put Scheme The benefits of a Staying Put arrangement are primarily about extending a familial relationship in which the Care Leaver continues to experience security and stability within their former foster home . The licensee will occupy a single room and will have the shared use of the rest of the house, excluding other bedrooms. 1.0 Weekly rental charge The weekly charge of £ _ _ for accommodation is payable every week. The weekly charge may be subject to an annual increase, which will be notified to you in writing, at least one month in advance. Services No Services are included in the accommodation charge. Meals No meals are included in the accommodation charge

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The licensee (Care Leaver) will be responsible for paying the accommodation charge (rent)- assisted by housing benefit where payable. On application the Housing Benefit can be paid directly to the carer. 2.0 The Householder’s Responsibilities (Staying Put Carer)

2.1 The householder will respect your right to privacy but will need access to your room from time to time e.g: to inspect the condition of the room or to carry out repairs or other work. Your householder will let you know in advance when s/he needs access to your room.

2.2 The householder will pay the water rates, utility bills and other charges due to the local authority, water authority or other body.

2.3 The householder will keep the house, all internal and external fixtures, fittings, furniture and electrical appliances in good repair and in safe condition.

2.4 The householder will insure the house, furniture, fixtures and fittings for the full

reinstatement value. 2.5 The householder will ensure that the communal areas of the premises are regularly

cleaned and will provide you with clean bedding.

3.0 The Licensee’s Responsibilities (Care Leaver) 3.1 You must pay the weekly accommodation charge.

3.2 You must not invite visitors to the house without the consent of the householder and you are responsible for the behaviour of your visitors at the house.

3.3 You must not cause nuisance or annoyance through noise or unruly behaviour to the householder or members of the household or others living nearby.

3.4 You must not cause damage to the house or to the householder’s fixtures, fittings or

furniture.

3.5 Pets or other animals are not allowed without the permission of the householder. 3.6 You must keep the room reasonably clean and tidy, assist in keeping the communal

areas clean and tidy and report any repairs to the householder.

3.7 You must comply with the rules for fire safety and for other health and safety matters not engage in any conduct or activity which is likely to endanger the health and safety of the householder or any other member of the household.

3.8 You must inform the householder if you intend to be away from the room overnight.

3.9 You are responsible for insuring your personal possessions if they are not covered

by the householder’s insurance.

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4.0 Ending the Licence

4.1 When you wish to leave you must give the householder at least one month’s notice in writing.

4.2 The householder can end the licence by giving you one month’s notice to vacate the room.

4.3 If you break any of the terms of this agreement, the householder can give you one

month’s notice.

4.4 In the case of serious nuisance, disruptive or violent behaviour or harassment the householder reserves the right to ask you to leave immediately. 5.0 Signature of the parties Signed by the householder/s (Staying Put carer(s)) ………………………………………………………..(Name) …………………………………………………Date

………………………………………………………..(Name) …………………………………………………Date

Signed by the licensee (Care Leaver) ……………………………………………………….. (Name)

…………………………………………………Date

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19)Standard Housing Benefit Claim Letter For The Young Person In A Staying Put Arrangement (to be accompanied by a copy of the Licence Agreement)

Dept of Education and Children’s Services Team Name Address Reading Post code

To ________________(Local Authority) Housing Benefit Claims Address

Contact Date

Client name: DOB: N.I. number: Current address: Name of landlord (Staying Put carer) ________________________ TYPE OF ACCOMMODATION AND TENANCY: Previous Foster Care Placement (Staying Put Arrangement) – Excluded Licence Dear Sir/Madam, This letter is provided to verify the identity of the above named young person and to confirm and clarify his/her circumstances. The above named young person was previously placed in foster care at the above address. As the young person has now reached the age of eighteen (he/she) is no longer in foster care and (he/she) is remaining with (his/her) previous foster carers under a “Staying Put” arrangement. The young person is now deemed ‘independent in (his/her) own right’ and is liable for accommodation costs of £--. per week, excluding meals, utility and support charges. The information provided below sets out (his/her) legal status and financial circumstances. A I can confirm that (Add Full Name) was previously ‘Looked After’ by Reading Borough Council Children’s Services B. I can also confirm that (Add Full Name) will become/became a ‘Former Relevant’ child on their 18th birthday (Add Date) as defined by the Care Planning, Placement

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and Case Review Regulations and Guidance 2010 and Care Leavers (England) Regulations 2010. C. I believe he/she will be entitled to claim Housing Benefit and Council Tax Support. D. As (Full Name) was ‘Looked After’ on/or after his/her sixteenth birthday he/she is exempt from the single room rent restriction. E The Staying Put carer will also receive a qualifying care payment under Section 23C of the Care Leavers (England) Regulations 2010, from Reading Borough Council for providing food and support services for the young adult. (Section 23C and Section 24 payments must be declared when claiming benefits but are not to be counted as income for welfare benefit purposes.) F As (Add Full Name) was previously ‘Looked After’ and remains vulnerable I would request that the Housing Benefit is paid directly to the householder (Staying Put Carer) delete if Care Leaver wishes to receive the Housing Benefit and pay their rent themselves. (Add specific information) If you require any further information please do not hesitate to contact me. Yours faithfully Name: Social Worker/Leaving Care Advisor (delete as applicable): Contact Details:

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20) Living Together Agreement Staying Put Scheme Reading Borough Council

LIVING TOGETHER AGREEMENT Part One: Agreement between Young Person and Carer. Part two: Leaving Care Worker’s responsibilities. Part three: Carer’s Supervising Social Worker’s responsibilities. Part One:

Agreement between Young Person and Carer This is a Living Together Agreement between: Young Person: Carer: Date of agreement: It will be reviewed after six months or before if necessary. This Staying Put accommodation is intended to help you prepare for more independent living. The aim is for your Staying Put carer in partnership with your Leaving Care Adviser to assist you by providing practical help and emotional support to develop the independent living skills you will need to manage well in your own accommodation in the future. These include skills such as budgeting, food preparation, laundry, where to access information in the community, accessing medical support, education, work and leisure while developing self advocacy skills. This agreement has been created to incorporate the following National Minimum Standards (2011) values:

• Your welfare, safety and needs are at the centre of your care. • You should be valued as an individual and given personalised support in line

with your individual needs and background in order to develop your identity, self confidence and self-worth.

• You should have your wishes and feelings listened to and taken into

account. As part of this agreement the Staying Put Carer agrees to:

1. Provide day-to-day advice and assistance to help develop your independent living skills.

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2. Notify the Carer’s Supervising Social Worker or the Duty worker in the Leaving Care Team or the Emergency Duty Service if you are absent without notice for 24 hours or 12 hours overnight.

3. Notify the Carer’s Supervising Social Worker or the Duty worker in the

Leaving Care Team or the Emergency Duty Service if any circumstances arise which the carer believes may seriously affect your safety or welfare. For example drug or alcohol misuse, involvement with criminal activity, relationships with dangerous or abusive people etc.

4. Work in partnership with you and professionals involved.

As part of this agreement the young person agrees to:

1. Show respect for the home and all individuals living there. 2. Work in partnership with the carers and professionals involved. 3. Abide by the rules and responsibilities as agreed below.

As part of this agreement the young person and the carer agree that: Sitting room and dining room Kitchen Garden

Young Person’s Bedroom Other Bedrooms: Bathrooms & Toilets: Other Rooms in the Home (please specify): Telephone, Computers & internet access: Laundry Heating and Hot Water Cleaning Shopping Food and Cooking Keys Transport

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Family Contact Visitors Going/Staying Out: Money and Funding Arrangements (these will vary dependent on whether the young person is working, receiving educational allowances and/or eligible for welfare benefits) Reading Borough Council will make a payment directly to the carer of £246.44 per week. The young person will pay £20 to the carer towards shared items used in the home. They will be working/receiving educational allowances and/or welfare benefits. The young person claims Housing Benefit for the rent element of the accommodation. Unless otherwise stated in the licence agreement the rent will be a maximum of £153pw. The young person can have the Housing Benefit paid directly to the carer initially if this will help them to manage their money. Other individual matters relating to money and funding include the following: Clothes Health Education Leisure Work Other issues Young Person’s signature: Carer’s signature:

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Part Two:

Leaving Care Worker’s responsibilities.

Name of Leaving Care Worker: Contact Details: I agree to:

1. Liaise with Young Person, Staying Put Carer, Carer’s Supervising Social Worker and significant others to inform them of meetings.

2. Encourage Young Person to manage finances so they have adequate

clothing, toiletries, educational equipment etc.

3. Work with Young Person and Staying Put Carer to develop the Pathway Plan in respect of how to move on to next living arrangement.

4. Maintain regular contact with Young Person. Specify method and how

often

5. Meet with/visit young person regularly both at home and in the community.

6. Provide Young Person with advice, support and assistance as required, to

access any beneficial community support services, to access appropriate state benefits and ensure Young Person is aware of their rights.

7. Act as an advocate for the Young Person where appropriate, whilst

assisting them to develop their own self advocacy skills.

8. Work within the Living Together Agreement. Leaving Care Workers Signature: Date: Part Three:

Carer’s Supervising Social Worker’s responsibilities. Name of Carer’s Supervising Social Worker: Name of Fostering Agency if not RBC: Contact Details: I agree to:

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1. Maintain regular contact with the carer and provide such support, advice

and assistance as required. 2. Ensure that the carer receives regular formal supervision.

3. Occasionally visit carer when Young Person is at home.

4. Undertake at least one unannounced visit each year.

5. Ensure this agreement is reviewed and updated with Young Person,

Carer and Leaving Care Adviser at least once every 6 months or sooner if the need arises.

Supervising Social Workers Signature: Contact Details: Date:

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