Staying Put (Foster Care) Policy

Young people can remain with their former foster carer/s in order that they can complete their education or training course for up to 2 years.

The criteria for this are that the education or training course is full time; that is to say the young person must be receiving 12 hours or more of guided learning, and that the extension applies to the course, or level of the course that the young person is undertaking on their eighteenth birthday. For example:

• If a young person is 18 in March and is undertaking a one year course that ends in that academic year, the extension would apply until the course is completed in the July of the same year (the academic year of their eighteenth birthday);
• If the young person is 18 in March and undertaking the first year of a two year course, the extension would apply until the July following their 19th birthday;
• If the young person is completing a level 1 GNVQ course on their 18th birthday, the extension runs until the completion of the level 1 GNVQ.

The extension will cease when the young person leaves a course or chooses to move to another course.

Where a young person completes A Level or equivalent courses in July and is commencing university the following September/October, the education extension will apply until the start of the course.

If the young person completes an A level or equivalent course in July but is not taking a university course, the education extension will apply for one month following the end of the course or one month following the A level result day. Should the young person require additional support, an extended transitional period must be requested and may be agreed. The report provided by the allocated worker should outline the reason why an extension is required, the plan in place to support moving on and the expected timeframe within which this will occur.

Where a young person has a diagnosed disability or learning disability which requires additional support to access and achieve in training, education or employment, there will need to be close liaison between Children's Services and Adult Services to secure effective transition plans. Where young people have a disability that meets the relevant criteria for Adult Services, the foster care placement should be converted to a Shared Lives/Adult Placement arrangement by the young person's 18th birthday. "Staying Put" arrangements for disabled young people are therefore a temporary arrangement and will continue until the foster/"Staying Put" carers are approved as Shared Lives/Adult Placement carers.

Where a young person wishes to live with their Staying Put carer while they attend a local university, a meeting must take place to clarify the funding arrangements which must then be agreed by the Head of Service. In principle these arrangements should become a supported lodgings placement.

A young person who goes away to university can also be supported to return to their carer's home during the holiday periods under the supported lodgings scheme.

A Vulnerable Adult (also referred to as an Adult at Risk) is:

"A person over 18 years of age who is or may be in need of community care services by reason of mental or other disability, or age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation"

Young people can remain with their former foster carers for up to one year in accordance with criteria set out below.

• The young person is assessed as not yet mature enough and/or does not yet have the skills needed and/or is having significant difficulty in preparing for independence. However, they do not meet the criteria for adult services.

Staying Put may be appropriate for young people who have a disability or learning disability and who are waiting for a tenancy with appropriate equipment, support or adaptation.

Young people who are actively bidding for a local authority or Registered Social Landlord housing tenancy can remain for up to 3 months beyond their eighteenth birthday or until their tenancy is allocated whichever is the shorter.

The planning to consider extending a placement under Staying Put criteria must be considered as part of the Pathway Planning processes by the social worker, foster carer and young person. This information should be provided as part of the information provided to the Statutory Review for discussion.

Planning should commence as the young person reaches 15½ years and an outcome determined by the time the young person has reached 17 years of age. Early consideration and planning is necessary in order that both the young person and their carer are clear about the plan post-eighteen and to ensure that young people are not left feeling uncertain about their future.

For those relevant young people entering the care system over the age of 16 years old, Staying Put will be considered at the four week Initial Review.

The Pathway Plan provided for the statutory review at age 16 should identify the timescale required for young people to move to independence and should be used as the framework for beginning to explore the following issues:

• Is it likely that the young person will fit the criteria for Staying Put when they reach their 18th birthday;
• Do the young person and the foster carer/s understand the criteria for and associated procedures for extending a placement under the Staying Put arrangements;
• Does the young person understand their financial and benefit responsibilities associated with remaining in a Staying Put arrangement;
• Does the foster carer/s understand the changes to their funding arrangements associated with a Staying Put arrangement and any consequent impact on their own benefit and taxation situation any impact on their status as a foster carer;
• What is the parallel plan for the young person should the Staying Put arrangement not be viable;
• Are the young person and their foster carer/s in agreement to a "Staying Put" arrangement?
• What is the parallel plan for the young person should the "Staying Put" arrangement not be viable?
• What are the preparation for independence tasks, goals and targets to be achieved during the last two years of foster care and when the placement becomes a "Staying Put" arrangement?
• Where relevant, what is the plan for converting the "Staying Put" arrangement into an Adult Placement (Shared Lives) where the young person has a disability and meets the criteria?

If the young person may meet the Vulnerability criteria for Staying Put then the Pathway Plan must address this and address all of the following if they apply:

• Moderate learning difficulties;
• Physical disabilities;
• Communication difficulties;
• Special educational needs;
• Risk taking behaviour, exploitation and self-harm;
• Mental health issues;
• Emotional and physical development;
• Substance misuse.

The Plan should focus on the level of the young person's vulnerability. The report requesting Staying Put must set out why the young person is considered to be vulnerable and what has been done to assist the young person in preparing for independence. This should include the development of the practical, relationship, emotional and resilience skills and how these will be enhanced by the young person remaining in a Staying Put situation. The report should also include explicit information regarding what further support will be provided to enable the young person to develop their independent living skills and to establish or maintain either a benefit claim or an education, training or employment activity. The report must also include the eventual moving on plan.

To ensure sufficient time is available to make the necessary planning arrangements for extending a placement beyond a young person's 18th birthday, a professionals meeting should take place as part of the Leaving Care Assessment of Need and prior to the young person's 16th birthday.

A planning meeting which must include the foster carer/s, the supervising social worker and leaving care social worker / Personal Adviser should establish the viability and likelihood of a Staying Put arrangement occurring. The meeting should address all the key tasks, roles and responsibilities relating to extending the foster placement into a Staying Put arrangement.The meeting should also explore the impact on the foster carers' financial circumstances should the placement/arrangement continue after the young person's 18th birthday.

Young people should not be included in the initial meeting and planning process, and should only be included after their foster carer/s have confirmed they are able to retain the young person under a "Staying Put" arrangement once the young person reaches the age of 18. This is required in order to ensure the stability of the placement and to avoid unsettling the young person.

A report from the Social Worker requesting Staying Put must be made to the Group Manager, Corporate Parenting by the young person's 17th birthday The report should set out the grounds for the Staying Put arrangements as applicable to:

• Education - the type of course and the end date;
• Vulnerability - the level of vulnerability and 'move on' arrangements;
• Disability - transition arrangements to Adult Social Care and move on arrangements;
• A planned move on.

The report should also set out the cost of the Staying Put arrangement and clearly state:

• Who will assist the young person in making a benefit claim;
• When the arrangement is planned to end;
• Who will support ensuring a signed tenancy agreement is in place;
• Who has supported the foster carers in understanding any impact on their taxation, national insurance and/or benefit issues.

The Group Manager will inform the social worker of the of the decision with reasons.

In the event that Staying Put arrangements as the preferred plan are agreed by the Group Manager for Corporate Parenting, then the Review nearest the 17th birthday and the subsequent review immediately before the young person's 18th birthday should ensure that final arrangements and requirements are in place by the young person's 18th birthday. This must include referring to the Disclosure and Barring Scheme if there are other children in the household.

As young people in foster care mature they should not only receive their recommended level of pocket money but also some of their clothing and personal allowances. This should be gradually increased to encourage them to take more responsibility for their self care and eventual independence. Carers should ensure that the young person opens and manages a bank account to help them develop budgeting skills.

Young people, Staying Put carer/s, Personal Advisers and the supervising social worker should meet to develop a 'Living Together Agreement' prior to the young person's 18th birthday.

A "Staying Put" agreement meeting, (including foster carer, young person, social worker, supervising social worker and personal advisor) should be undertaken at the latest, 3 months prior to the young person's 18th birthday and should ensure that any final arrangements and requirements are in place.

The agreement should set out the expectations of all parties 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 (but not exclusively) the contribution made by the young person to the Staying Put carer, credit cards, loan agreements and mobile phone contracts registered at that address;
• Income and benefit claims;
• Friends and partners visiting and staying at the address;
• Staying away for nights or weekends and informing carers of movements;
• Education, training and employment activities;
• Health arrangements;
• Move on arrangements;
• Issues related to younger foster care children in placement, safeguarding, role modelling and time keeping.

A Living Together Agreement should be completed and agreed, detailing roles and responsibilities and a support plan for the young person. The outcome of the meeting should be discussed at the young person's statutory review and their Independent Reviewing Officer.

All meetings should make reference to the reason for the "Staying Put" arrangement, practical requirements, any National Insurance, Income Tax and Welfare Benefits issues for the foster carer/s/"Staying Put" carer/s and Welfare Benefit issues for the young person.

The meeting should also confirm the financial support arrangements for the Staying Put carer via the Supervising Social Worker.

The agreed outcome of the meeting and a completed Living Together Agreement should then form the basis of a report presented to the Care Leaver Finance Panel prior to the young person's 18th birthday.

Once agreed by Panel, the "Staying Put" arrangement can last until the young person moves to their independent tenancy or reaches their 21st birthday (or until the education/training course being undertaken on their 21st birthday is completed). Monitoring of the arrangement is undertaken by the leaving care Personal Advisor and the "Staying Put" carers' supervising social worker or support worker.

The following information should be presented to the Panel 3 months prior to the young person's 18th birthday:

• The Staying Put request standard template report should be completed by the young person's social worker including comments in support of the request and details of the financial support required (this also needs to include details of the financial support agreed if the arrangement is with an Independent Fostering Agency / IFA);
• In addition to the Panel template report, the young person's social worker must provide the completed Living Together Agreement. Information in the Living Together Agreement should include:
  • Arrangements for supporting the young person to claim any benefits they are entitled to and who will assist them with this task;
  • Arrangements for supporting and promoting education and training;
  • Transition arrangements to an Adult Service and a Shared Lives Scheme if appropriate;
  • The anticipated length of the "Staying Put" arrangement and any anticipated move-on arrangements;
  • What preparation for independence tasks are to be undertaken and what improved life skills are anticipated by extending foster care as a "Staying Put" arrangement;
  • What are the safeguarding arrangements for the young person, any foster children in placement and the children of the foster carers, has a DBS check been started or completed, is it anticipated that a risk assessment will be required.

The Panel will ratify and agree the arrangement, including the financial support for the Staying Put carer, to cover the potential 3 year period unless otherwise requested. If the arrangement ends prematurely or not to the timescale originally intended, then it is the responsibility of the Personal Advisor / Supervising Social Worker / Support Worker to inform their line manager and carer payments when the arrangement has ceased.

When a young person reaches the age of 18 they should be supported to make appropriate welfare benefit claims and Housing Benefit claim and supported in making the appropriate contribution to their Staying Put carer.

Where the young person is successful in claiming Housing Benefit, then the Personal Adviser must notify the Senior Finance Officer and the Placement and Resources Team in writing so that the appropriate deduction in the Staying Put payment can be made.

When a young person is in residence with former foster carers in the summer holidays, carers can receive a post - 18 allowance. However, this does not constitute a Staying Put arrangement.

From the age of 18 young people who fall within the definition of former relevant children and who have a liability to pay rent can make a claim for Housing Benefit to help towards their rent.

The only exception will be where young people are living with Staying Put carers who are in receipt of a means tested benefit. In these circumstances young people will not be expected to claim Housing Benefit.

Where young people are successful in making a claim then the Personal Adviser will notify the Senior Finance Officer in the Children's Services Finance Team who will ensure that this amount is deducted from the Staying Put Carer's allowance and young people will be expected to use their Housing Benefit to make up the difference.

Housing Benefit cannot be paid to close relatives; therefore young people living with a Connected Person (sibling, parent, grandparent, aunt, uncle, step relation or in laws) are not eligible to claim Housing Benefit.

Payments made from Children's Social Services to young people under Section 17, Section 20, Section 23, Section 24 or Section 31 do not count as income for benefit purposes.

Carers are advised to seek independent tax advice about their income tax. However, it should be noted that when young people remain living with their former foster carers under a Staying Put arrangement, then the Income Tax and National Insurance framework and liabilities for foster carers have been extended to apply to former foster carers who are now Staying Put carers.