ITEM EX8 - ANNEX 1

EXECUTIVE – 28 MAY 2002

CHILDREN AND FAMILIES – LEAVING CAR

SUMMARY OF THE CHILDREN (LEAVING CARE) ACT AND DEPARTMENT OF HEALTH DRAFT GUIDANCE

WHO IS ALSO AFFECTED BY THE NEW LEGISLATION?

♣ Young people in or left care aged 16 and 17, who have been looked after for 13 weeks in total from separate periods, excluding short-term placements by way of respite care.

♣ Applies regardless of special status - 16 and 17 years old unaccompanied young people with asylum seeker status who are looked after under section 20. 16 and 17 year olds who are looked after in custody or hospital and prior to this had been in the looked after system for the prescribed period.

WHO IS NOT AFFECTED?

 ♣ Young people who are looked after for respite care, who remain the responsibility  of their parents or other carers.

 ♣ A young person will cease to be a relevant child who has returned home and  remains for at least 6 months, which will be determined at the review of the  pathway plan during this period (awaiting DoH confirmation whether if this breaks down after 6 months young people will return to being affected by the Act.)

 ♣ A young person who is released from an institution and returns home, who was not  previously an eligible or relevant child.

 ♣ Young people who are 16 and 17 but leave care before 1 October 2001.

NEW FINANCIAL ARRANGEMENTS

♣ The main difference is for relevant young people, as they will not be entitled to claim income support, housing benefit, or job seekers allowance. Therefore, all funding and financial support will be provided by social services, which will meet the minimum requirements of benefits, with added financial assistance agreed in the pathway plan. Once a young person has reached 18 he/she will be entitled to welfare benefits.

♣ Lone parents and disabled young people, aged 16 and 17 will still be eligible to  claim social security benefits, but not housing benefit, and will receive additional  support, as agreed in the pathway plan.

♣ Information on entitlements and other funding that may be available will be accessible to all interested parties and explained to young people themselves.

♣ If an eligible or relevant young person turns up in another authority’s area and requests help the second authority should provide short term assistance under section 17 (preferably after contacting the responsible authority).

THE RESPONSIBLE LOCAL AUTHORITY

♣ This is the one that last looked after an eligible or relevant young person and they retain the responsibility.

♣ If the young person moves to a different authority funding can be transferred by the responsible authority.

♣ The authority will be able to discharge its duties if agreed arrangements are made with the second authority, but will retain ultimate responsibility.

PREPARATION FOR LEAVING CARE

♣ Preparation for leaving care and after care provisions must take into account religious persuasion, racial origin, cultural and linguistic needs, and other needs of young people.

♣ To ensure that young people with disabilities have their needs met holistically. Also, to enable a smooth transition to the adult services for those who need to have particular needs met by them.

♣ To ensure leaving care and after care polices are done in consultation with other agencies, young people and their carers, and be accessible to them.

♣ Preparation and the provision of aftercare must be planned in conjunction with all interested agencies.

NEEDS ASSESSMENT

♣ A needs assessment must be carried out for each eligible child and a relevant child, if this was not done when looked after.

♣ The assessments are to determine what advice, assistance and support they need both when preparing to leave care and when they cease to be looked after.

♣ The local authority must prepare a written statement about how their holistic needs are to be assessed.

♣ Young people and other appropriate interested parties must be given the  opportunity to be involved throughout the process and the young person wishes  taken into account.

♣ The responsible authority should explore with young people a variety of ways in which a young person can be prepared and take part in the process.

♣ The needs assessment must be completed 3 months before the young person becomes an eligible or relevant child but not finalised before their 16^th birthday.

♣ Preparatory work may occur before then and consideration needs to be taken into account such as exams to avoid disruption. 

♣ This multi-agency assessment, will be the basis for the Pathway Plan, and follow the dimensions of the “Framework for the Assessment of C.I.N and their Families”.

PATHWAY PLANS

♣ The plan will hopefully be devised and reviewed by the young person with assistance from the personal adviser.

♣ The personal adviser will liase with other professionals and carers to ensure the implementation of the plan by identifying who will meet their needs and the timetable for action.

♣ The plan should be reviewed a minimum of 6 months to reflect the young person’s changing needs and ambitions.

♣ The content must include personal support, accommodation, education and training, employment, family and social relationships, life skills, health needs and contingency planning.

PERSONAL ADVISERS’ ROLE

♣ All eligible and relevant children must have a personal adviser and for this role to continue for former relevant children.

♣ To provide support and advice to the young person. The extent of this will depend on individual circumstances and support network.

♣ To contribute to the assessment and preparation of the pathway plan. Whether the social worker continues to take overall responsibility or this is handed over to the personal adviser, when the young person becomes a relevant child, is open for negotiation.

♣ To monitor progress and review the pathway plan with the young person, especially if s/he has overall responsibility.

♣ To co-ordinate the provision of services and to take reasonable steps to ensure the young person makes use of such services.

♣ To keep informed about the young person’s progress and well being through regular contact with the young person, agencies and other people identified in the plan.

♣ To keep in touch with the young person.

THE CONNEXIONS AND LEAVING CARE PERSONAL ADVISERS

♣ At 16 a personal adviser must be appointed under the provisions of the Children  (Leaving Care) Act and the Connexions personal adviser is a universal service from age 13 to 19.

♣ To avoid confusion and duplication it is expected that one personal adviser will fulfil both roles.

♣ A decision will need to be taken whether the Connexions adviser has the requisite  skills and qualification, alongside the level of needs of the young person, or whether  the leaving care adviser needs to fulfil the role.

HOUSING PROVISIONS

♣ Although the local housing authority has primary responsibility for homeless young people it is essential that a corporate and multi-agency approach is adopted by the local authority to care leavers.

♣ It is important that local housing departments and social services departments have joint protocols in place for dealing with care leavers.

KEEPING IN TOUCH: (includes other young people who have been looked after under section 24(4)).

♣ The responsible authority must take reasonable steps to re-establish contact with the  young person if they lose touch.

Revised August 2001