Hillingdon Council Cabinet Member and Officer Decisions
Staying Put Policy (Children's Social Care)
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Democratic Services Location: Phase II Ext: 0185 DDI: 01895 250185 My Ref: LP To: COUNCILLOR IAN EDWARDS LEADER OF THE COUNCIL COUNCILLOR SUSAN O’BRIEN CABINET MEMBER FOR FAMILIES, EDUCATION AND WELLBEING c.c. All Members of Executive Scrutiny Committee c.c. Tony Zaman, Adults, Children and Young Peoples Services c.c. Julie Kelly / Tehseen Kauser, Social Care c.c. Chairman of the Social Care, Housing and Public Health Policy Overview Committee c.c. Conservative and Labour Group Offices (inspection copy) Date: 17 February 2021 Non-Key Decision request Form D STAYING PUT POLICY Dear Cabinet Member Attached is a report requesting that a decision be made by you as an individual Cabinet Member. Democratic Services confirm that this is not a key decision , as such the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 notice period does not apply. You should take a decision on or after Thursday 25 February 2021 in order to meet Constitutional requirements about publication of decisions that are to be made. You may wish to discuss the report with the Corporate Director before it is made. Please indicate your decision on the duplicate memo supplied, and return it to me when y ou have made your decision. I will then arrange for the formal notice of decision to be published. Liz Penny Democratic Services Officer Title of Report: Staying Put Policy Decision made: Reasons for your decision: (e.g. as stated in report) Alternatives considered and rejected: (e.g. as stated in report) Signed ………………………………………………………Date…………………….. Leader of the Council / Cabinet Member for Families, Education and Wellbeing Cabinet Member Report – 17 February 2021 Page 1 (Part 1 Public) Staying Put Policy Cabinet Member(s) Cllr Ian Edwards Cllr Susan O’Brien Cabinet Portfolio(s) Leader of the Council Cabinet Member for Families, Education and Wellbeing Officer Contact(s) Julie Kelly / Tehseen Kauser – Social Care Papers with report Staying Put Policy – Appendix A HEADLINES Summary This report seeks Cabinet Member approval of a Staying Put policy. Hillingdon Council is committed to preventing social exclusion amongst care leavers and has developed the “Staying Put” policy in order to ensure where appropriate that young people can continue to live with their former foster carers after their 18th birthday and make the transition to independent living at a pace that suits their needs. Putting our Residents First This report supports the following Council objectives of: Our People; Strong financial management. Financial Cost The cost of implementing this policy is £212k, with grant funding of £197k from the DfE leaving a residual £15k of expenditure falling on the Council’s General Fund. Relevant Policy Overview Committee Social Care, Housing & Public Health Relevant Ward(s) All Cabinet Member Report – 17 February 2021 Page 2 (Part 1 Public) RECOMMENDATION That the Leader of the Council and the Cabinet Member approve the Staying Put Policy for implementation in Children’s Social Care. Reasons for recommendation To approve a ‘Staying Put ’ policy to ensure that the Council meets its obligations under the Children and Young Persons Act 2008, the Care Planning, Placement and Case Review Regulations and Guidance (2010) 2015 and the Planning Transition to Adulthood for Care Leavers Regulations and Guidance 2010 (revised 2015). Alternative options considered / risk management No other options considered. Democratic compliance / previous authority The Leader of the Council, with the relevant Cabinet Member, is authorised to approve service level policies as per the Cabinet Scheme of Delegations. Policy Overview Committee comments None at this stage. SUPPORTING INFORMATION Policy The Hillingdon “Staying Put” scheme has been devised to ensure that young people, foster carers, and “Staying Put” carers are provided with information, practical support and financial support to enable young people to make a successful transition to adulthood. The aim is to promote a gradual transition from care to adulthood and independent living that recognises that many young people aren't fully ready for independence and that their 18th birthday is likely to be an inappropriate point to leave a familial or foster care household. The Hillingdon “Staying Put” scheme is designed to ensure young people do not experience a sudden disruption to their living arrangements, that educational and training achievement and continuity are promoted and/or that young people can make a gradual transition from care to independence or to an Adult Service. Putting thei r best interests at the heart of decision making in relation to the staying put arrangements to enable them to have the best possible opportunities to lead successful lives. The Hillingdon “Staying Put” Scheme enables a foster care placement to be exten ded as a “Staying Put” arrangement from the young person’s 18 th birthday. These arrangements will be continued up to 21 (and sometimes beyond, by individual agreement.) The young person will be Cabinet Member Report – 17 February 2021 Page 3 (Part 1 Public) expected to be engaged in education, training or employment bu t, if they are not, this will not exclude them from these arrangements. This policy contributes to the following corporate requirements: • Supporting vulnerable people, reducing inequalities – supporting in times of need, protecting from harm and improving the quality of life. • Promoting health, wellbeing and independence – helping people to stay healthy, strong and fit for the future. • Human Rights - This policy supports the right to respect for family life and is consistent with the Council’s duty to comply with the Human Rights Act. Policy context The Care Matters White Paper contained a significant focus on improving the support for young people preparing for adulthood, including a pilot programme enabling them to remain with their foster carers beyond the age of 18. The aim is t o meet the commitments in the White Paper and the duties towards care leavers in the Children and Young Persons Act 2008, the Care Planning, Placement and Case Review Regulations and Guidance (2010) 2015 and the Planning Transition to Adulthood for Care Leavers Regulations and Guidance 2010 (revised 2015) which placed an emphasis on a gradual approach to planning transition to adulthood. The average age of leaving home is rising and the transition to adultho od is increasingly more complex and elongated. The “Staying Put” policy framework requires local authorities to set out local protocols and procedures for extending foster placements as “Staying Put” arrangements in order to support young people’s transition to adulthood within a family and household supported environment. The intention being to ensure young people can remain with their former foster carers until they are prepared for adulthood, can experience a transition akin to their peers, avoid social exclusion and be more likely to avert a subsequent housing and tenancy breakdown. The implementation of Section 98 of the Children and Families Act 2014 in May 2014 set out a specific duty on local authorities to enable and support “Staying Put” arrangements. Financial Implications The approval and implementation of this policy will ensure that there is consisten cy in agreeing financial support to Foster Carers that enter the Staying Put arrangements. It also clearly defines the range of funds available for Foster Carers and the change in responsibility on the young person. Currently the Council provides an allowance of £198 per week to the Foster Carer, with an expectation the younger person will contribute towards the rent and will claim Income Support and by doing so will, therefore, no longer receive savings or pocket money from the Foster Carer. The estimated cost in 2020/21 is £176k. Cabinet Member Report – 17 February 2021 Page 4 (Part 1 Public) The new policy proposes increasing the weekly allowance to £2 58.63, with an expectation that the young person will contribute rent of £115.07 per week and use their Income Support of £58.90 to support themselves. Based on the curren tly level of activity, this will cost £ 212k, which is an additional cost of £36k. The increase in the allowances is required to support vulnerable young people in a stable environment to assist them with transitioning into an independent adult life that is sustainable and secure and ensures that Care Leavers have the best opportunity to avoid falling into destitution and homelessness, where doing so would eventually need support from other services within the Council. The Staying Put revenue budget for 2020/21 is £229k, with in-year expenditure currently forecast at £176k. This is supported through the Staying Put Grant funding from the Department for Education, which is currently set at £197k. The additional budget is available to mitigate the risk of increased demand within the service and will be kept under review. The purpose of the grant is to provide support to local authorities on expenditure likely to be incurred in respect of fostered young people aged 18 to 21. This year’s funding announcement was made in March 2020; it is therefore likely that confirmation of funding for 2021/22 will be made in March 2021. RESIDENT BENEFIT & CONSULTATION The benefit or impact upon Hillingdon residents, service users and communities The Staying Put policy will ensure where appropriate that young people can continue to live with their former foster carers after their 18th birthday and make the transition to independent living at a pace that suits their needs. Consultation carried out or required None. CORPORATE CONSIDERATIONS Corporate Finance Corporate Finance has reviewed the report and concur s with the Financial Implications set out above, noting that agreeing the policy will lead to expenditure estimated at £212k, with an £15k ultimately falling on the Council’s General Fund after accounting for the Department for Education grant of £197k. Corporate Finance notes that this can be met from the existing Staying Put budget. Cabinet Member Report – 17 February 2021 Page 5 (Part 1 Public) Legal The proposed policy is compliant with the requirements of the Children Act 1989, Children and Young Persons Act 2008, the Care Planning, Placement and Case Review Regulations 2010 Children Act Guidance 2015 and in particular the Planning Transition to Adul thood for Care Leavers Guidance Volume 3 revised in 2015. The Council has the authority to enter into this policy and the National Policy Framework directs Councils to have such a policy. There are no further legal comments. BACKGROUND PAPERS Nil. Staying Put Policy 2020-21 Page 1 of 60 20th August 2020 APPENDIX A HILLINGDON CHILDREN’S SERVICES STAYING PUT POLICY 2020/2021 “Arrangements for Care Leavers aged eighteen and above to stay on with their former foster carers” AUTHOR: John Short DRAFT: Eight DATE: 24th August 2017 Revision Date: August 2020 Staying Put Policy 2020-21 Page 2 of 60 20th August 2020 Page Section 4 Introduction 5 “Staying Put” Definitions 5 Department for Education Definitions 6 Department for Work and Pensions Definitions 6 HM Revenue and Customs Definitions 6 Definitions Overview 7 Hillingdon - “Staying Put” Scheme 8 -15 “Staying Put”, Universal and Disability Arrangements (University, Forces and Asylum) 15 “Staying Put” Frameworks (and Section 23C Payments) 15 Terminology 16 Changing Status - Foster Care Placement to “Staying Put” Arrangement 17 - 19 Procedure for Extending a Foster Care Placement into a “Staying Put” Arrangement 20 Information to be Presented to the Hillingdon Access to Resources Panel (HARP) 21 - 23 Financial Requirements and Personal Benefits for Young People 23 Liability for Rent 24 Housing Benefit for Young People 24 - 25 Housing Benefit for Young People – Guidance 26 Payment Rates to Hillingdon “Staying Put” Carers 26 “Staying Put” Universal and Disability Allowances – 2020– 2021 26 “Staying Put” Universal and Disability Skills and Training Fee - 2020 - 2021 26 “Staying Put” Disability Arrangements – 2020 – 2021 27 “Staying Put” Independent Fostering Agency Transfers – 2020 - 2021 27 “Staying Put” General Allowances – 2020 – 2021 28 - 29 Section 23C Payments and Benefit Issues for “Staying Put” Carers 30 Payment Adjustments/Compensation Table 31 Council Tax, Council Tax Support and Non-Dependent Deductions 32 The Treatment of Benefits 32 - 34 Income Tax and National Insurance Issues for “Staying Put” Arrangements 35 “Staying Put” - Social Care and Regulatory Frameworks 35 Where a Fostered Child/Children are also Living in the “Staying Put” Arrangement, and/or Where a Future Foster Child/Children will be Placed 36 Foster Carers Approved for a Sole Placement and Wanting to Continue Fostering When the “Staying Put” Arrangement Ends 37 Where no Fostered Child/Children are Living in the “Staying Put” Arrangement and no Further Foster Child/Children will be Placed 38 Support for “Staying Put” Carers 38 Recording Information – “Staying Put” Carers 38 Safeguarding and “Staying Put” 39 Minimum Standards and Practical Requirements 40 “Staying Put” Practical Arrangements – Living Together Agreements 41 Conclusion and Universal Credit 42 - 43 Appendix One – Move-On Arrangements – Planned and Un-Planned Move-On and Evictions 44 - 46 Appendix Two - Standard “Staying Put” Arrangement - Housing Benefit Claim Letter 47 - 49 Appendix Three - Standard Benefit Claim Letter - Young Person in “Staying Put” 50 Appendix Four – Authorisation to Disclose Information Form Staying Put Policy 2020-21 Page 3 of 60 20th August 2020 51 Appendix Five - “Staying Put” Financial Structure and Rates 52 - 53 Appendix Six – Foster Carer/”Staying Put” Carer Financial Allowances Statement and Checklist 54 - 55 Appendix Seven - “Staying Put” Professionals/Viability Meeting – Agenda 56 - 57 Appendix Eight - Rent Liability – Earnings/Income and Housing Benefit Eligibility – Contributions Table 58 - 60 Appendix Nine - Independent Fostering Agency “Staying Put” Arrangements Staying Put Policy 2020-21 Page 4 of 60 20th August 2020 Introduction The Care Matters White Paper contained a significant focus on improving the support for young people preparing for adulthood , including a pilot programme enabling them to remain with their foster carers beyond the age of 18. To meet the commitments in the White Paper and the duties towards care leavers in the Children and Young Persons Act 2008, the Care Planning, Placement and Case Review Regulations and Guidance (2010) 2015 and the Planning Transition to Adulthood for Care Leavers Regulations and Guidance 2010 (revised 2015) placed an emphasis on a gradual approach to planning transition to adulthood. The average age of leaving home is rising and the transition to adulthood is increasingly more complex and elongated. The “Staying Put” policy framework r equires local authorities to set out local protocols and procedures for extending foster placements as “Staying Put” arrangements in order to support young people’s transition to adulthood within a family and household supported environment. The intention being to ensure young people can remain with their former foster carers until they are prepared for adulthood, can experience a transition akin to their peers, avoid social exclusion and be more likely to avert a subsequent housing and tenancy breakdown. The implementation of Section 98 of the Children and Families Act 2014 in May 2014 set out a specific duty on local authorities to enable and support “Staying Put” arrangements. Hillingdon Council is committed to preventing social exclusion amongst care leavers and has developed the following “Staying Put” policy in order to ensure that young people can continue to live with their former foster carers after their 1 8th birthday and make the transition to independent living at a pace that suits their needs. The policy sets out: 1. The process for extending a foster care placement beyond a young person’s 18th birthday into a “Staying Put” arrangement; 2. The financial requirements and benefit issues for young people; 3. The financial rates and payment implications for foster carers and “Staying Put” carers; 4. The welfare benefit issues for foster carers and “Staying Put” carers; 5. The income tax and national insurance implications and issues for foster carers and “Staying Put” carers; 6. The social care requirements and practical issues associated with extending fostering arrangements as “Staying Put” arrangements. Staying Put Policy 2020-21 Page 5 of 60 20th August 2020 This “Staying Put” policy has been developed to address the requirements of the: • Children and Families Act 2014; • Care Planning, Placement and Case Review (England) Regulations and Guidance 2015; • Planning Transition to Adulthood for Care Leavers (England) Regulations and Guidance 2010, (revised 2015); • Fostering Service (England) Regulations 2011 and related Guidance , (revised 2013); • National Minimum Standards (NMS) for Fostering Services (2011). Chapter 7, Para 7.19 to 7.59 - Page 63 to 69 of the Planning Transition to Adulthood for Care Leavers Regulations and Guidance 2010 (revised 2015) and Chapter 3, Para 3.125, Page 34 of the Fostering Service (England) Regulations 2011 (revised 2013) set out a requirement that each local authority has a “Staying Put” policy and Standard 12.4, Page 26 of the National Minimum Standard s sets out the service standard relating to the local authorities’ “Staying Put” policy. “Staying Put” Definitions Department for Education Definitions The term “Staying Put” is used to define the following arrangements where: 1. A young person who was looked after immediately prior to their 18th birthday (as an eligible child) continues to reside with their former foster carer/s; 2. The carer/s were acting as foster carers to the child immediately prior to the young person’s 18th birthday (that is, the carers were approved as foster carers in accordance with the Fostering Service (England) Regulations 2011 and the young person had been placed with them by the local authority, or via an Independent Fostering Agency); 3. A young person is deemed an eligible child, within the meaning of paragraph 19B(2) of Schedule 2 to the Children Act 1989, immediately before he/she reached 18; 4. The “Staying Put” arrangement is set out in the young person’s Pathway Plan; 5. A proportion of the allowance paid to the “Staying Put” carer/s is paid by the Local Authority Children’s Services under section 23C of the Children Act 1989; Staying Put Policy 2020-21 Page 6 of 60 20th August 2020 6. The “Staying Put” arrangement can extend until: • the young person first leaves the “Staying Put” arrangement; or • the young person reaches their 21st birthday, if continuously, and still living in the arrangement; or • the young person completes the agreed programme of education or training being undertaken on their 21st birthday, if continuously living in the arrangement since their 18th birthday. Department for Work and Pensions Definitions The specific DWP legislation covering “Staying Put” arrangements highlights that (1) where a young person continues to reside with their former foster carer after their 18th birthday, and (2) where the young person was looked after immediately prior to their 18th 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 carers entitlement to means tested benefits. Where part of the payment for the “Staying Put” a rrangement comes from a contribution from the young person (as a payment for rent, either directly or from housing benefit and/or a contribution t o food ) the non -section 23C element will be taken into account in the calculation of the “Staying Put” carers own means tested benefit claim. For guidance on how this is addressed within Hillingdon see pages 26 to 28. Additionally, the section 23C disregard is lost on the whole payment (section 23C and non-section 23C elements) when the young person first leaves the “Staying Put” arrangement, should the young person return to their former foster/“Staying Put” carer or, move to another carer after their 18th birthday. This is particularly important to note where young people leave the “Staying Put” arrangement to attend university and return in the holiday periods. HM Revenue and Customs Definitions The term “Staying Put” (HMRC) is used to define arrangements where: 1. A young person was looked after immediately prior to their 18th birthday; 2. The young person has a Pathway Plan; Staying Put Policy 2020-21 Page 7 of 60 20th August 2020 3. A proportion of the allowance paid to the “Staying Put” carer/s is paid by the Local Authority; 4. “Staying Put” arrangements can extend until: • the young person reaches their 21st birthday; or • the young person completes the agreed programme of education or training being undertaken on their 21st birthday. Definitions Overview Where possible; DfE, DWP an d HMRC definitions and frameworks relating to “St aying Put” have been harmoni sed. However, given the complexity of the three different legislative frameworks relating to “Staying Put” arrangements, and the fact that some of the legislation does not cover all four countries within the United Kingdom , this has not been wholly possible. Hillingdon - “Staying Put” Scheme The primary aim of “Staying Put” is to promote a gradual transition from care to adulthood and independent living that recognises that many young people in care often experience delayed maturity, and that their 18th birthday is likely to be an inappropriate point to leave a familial and foster care household. Therefore, the Hillingdon “Staying Put” scheme is designed to ensure young peop le do not experience a sudden disruption to their living arrangements, that educational and training achievement and continuity is promoted and/or that all young people can make a gradual transition from care to independence or to an Adult Service. The Hillingdon “Staying Put” scheme has also been devised to ensure that young people, foster carers, and ”Staying Put” carers are provided with information, practical support and financial support to enable young people to make a successful transition to adulthood. The Hillingdon “Staying Put” Scheme enables a foster care placement to be extended as a “Staying Put” arrangement from the young person’s 18th birthday until: 1. he or she first leaves the “Staying Put” arrangement if before the age of 21; 2. he or she reaches the age of 21; Whichever comes first: Staying Put Policy 2020-21 Page 8 of 60 20th August 2020 3. however, if they are in a course of education , support continues until he or she completes the programme of education/training being undertaken on his or her 21st birthday; 4. for young people who wish to return to a “Staying Put” arrangement during a university vacation period or forces leave, see pages 10 to 13. The information provided in this document sets out: 1. The process of setting up a “Staying Put” arrangement; 2. The payment rates applied to Hillingdon Council “Staying Put” carers; 3. The welfare benefit and tax rules that apply to “Staying Put” carers; 4. The benefit rules that apply to “Staying Put” young people; 5. The practical arrangements that apply to young people in “Staying Put”; and 6. Provides a set of templates (appendices) that should be used by “Staying Put” carers, young people and staff when establishing a “Staying Put” arrangement. Whilst this document provides a set of standards that applies to Hillingdon Council “Staying Put” carers, it is expected that Independent Foster ing Agencies (IFA) will have similar standards. IFA “Staying Put” policies will be monitored via the Access to Resources Team, the West London Alliance Framework and should set out how the IFA applies the requirements of the “Staying Put” framework to its own carers and children/young people. The Hillingdon “Staying Put” scheme has been divided in to two types of arrangement, “Staying Put” Universal and “Staying Put” Disability. 1. “Staying Put” – Universal “Staying Put” – Universal - A foster care placement can be extended from the young person’s 18th birthday as a “Staying Put” Universal arrangement in line with the definitions set out above ; during this period the “Staying Put” carer ’s - Fostering Maintenance Allowance of £292.41 per week will continue, minus £58.90 per week (pocket money, clothing allowance and a personal element) – 2020/2021). The “Staying Put” carer is no longer expected to provide these allowances to the young person, as the young person is expected to cover these items and this amount (£58.90) from their earnings or by claiming a means tested benefit. In addition, the young per son is required to pay rent equivalent to the L HA rate for the area, which can be found on the following link : https://lha- Staying Put Policy 2020-21 Page 9 of 60 20th August 2020 direct.voa.gov.uk/ . This will be equivalent to the Housing Benefit rate for a shared room, either from earnings or housing benefit or a combination of both, the rent element (and/or housing benefit) should be paid directly to the “Staying Put” carer. Together, this results in an adjusted Fostering Maintenance Allowance. “Staying Put” carers will also receive a Skills and T raining Fee of £140.19 per week equivalent to the level of the fee they were receiving immediately prior to the young person’s 18th birthday. Holidays and Respite – Given that young people are paying rent on their “Staying Put” accommodation they should be able to stay in the house if the foster carers are away. If it is not appropriate for the young person to stay in the house on their own, carers should nominate a relative or friend who can be Disclosure and Barring Service (DBS) checked and approved as a respite “Staying Put” carer for the young person. Where a young person remains living in “Staying Put” on a full time basis whilst attending university the “Staying Put” arrangement can extend until the young person completes their university course where the course extends beyond a young person’s 21 st birthday. During term time (defined as a period of 39 weeks in a year) , the young person should cover the rent liability (equivalent to the LHA rate for the area) from their Student Finance England Maintenance Loan and any grants/bursaries provided by the individual university. During the vacation periods, the rent liability/element will be covered from the Hillingdon Higher Education Accommodation Allowance, where applicable up to a maximum period of 13 weeks per annum. Staying Put Policy 2020-21 Page 10 of 60 20th August 2020 “Staying Put” Payment Table - 2020-2021 Fostering Maintenance Allowance – Age 17 £292.41 Per Week “Staying Put” Allowance £292.41 – minus £58.90 = £233.51 Per Week £292.41 - Minus £58.90 per week – pocket money, clothing allowance, personal element - Young person covers these needs from their earnings or benefits = £233.51 “Staying Put” Allowance Allowance Breakdown £233.51 Per Week £115.07 – Rent element £17.23 – Utilities/Services £27.10 – Food/Meals £74.11 - Support £115.07 Young Person’s Liability (LHA rate Rent for Hillingdon) Local Authority Element £118.44 Per Week Young Person’s Element £115.07 Per Week “Staying Put” Skills and Training Fee £140.19 Per Week Total Payment Local Authority Element £258.63 Per Week Young Person’s Element £115.07 Per Week Local Authority Element - £258.63 Per Week Young Person’s Element - £115.07 Per Week Total Payment – £373.70 Per Week Staying Put Policy 2020-21 Page 11 of 60 20th August 2020 “Staying Put” University Arrangements The following information provides guidance on the preparations required should a young person remain in a “Staying Put” arrangement whilst attending university, or where a young person wishes to return to a “Staying Put” arrangement at weekends or during the vacations whilst attending university: ➢ Where a young person remains in a “Staying Put” arrangement whilst attending university the “Staying Put” provision can be extended until the young person completes their university course where the course extends beyond a young person’s 21st birthday. All of the above expectations and principles continue to apply with the exception that the £115.07 rent will be paid by the young person; from A) their Student Finance funding/package during term time and from their Hillingdon Higher Education Accommodation Allowance (where applicable) during the vacation periods; ➢ The arrangements for returning during the vacation will need to consider the following points and the information set out in the subsequent section: • The number of rooms the carer has available; • Any commitments to foster children in the household; • The needs of the young person returning in the vacation to have a DBS check; • The allowance to be paid to the carer. ➢ Where a young person leaves a “Staying Put” arrangement to attend university and would like to return to a “Staying Put” household during vacations, the following guidance applies: I. All arrangements must be organised and agreed prior to the young person commencing the university course and first leaving the placement; II. All arrangements must be agreed and set out in the young person’s pathway plan; III. All final arrangements and plans must be made at least two months ahea d of the vacation return i.e. (1; mid-October; 2; mid-February; 3; mid-April/May). IV. The following parties must be in agreement to the young person returning to the “Staying Put” arrangement i n the vacation; young person, “Staying Put”/foster carer, leaving care personal adviser, fostering supervising social worker and the social worker for any foster child living in the household. Staying Put Policy 2020-21 Page 12 of 60 20th August 2020 V. Hillingdon Children’s Services will only contribute to and/or f und one vacation accommodation arrangement when a young person attends university, either 1) “Staying Put”, or 2) University Accommodation, or 3) Private Sector Accommodation, or 4) Social Sector Accommodation. VI. Where Hillingdon Children’s Services is contr ibuting to vacation accommodation 1) University Accommodation, 2) Private Sector Accommodation and a young person wishes to return to a former “Staying Put” arrangement (weekends/vacations) the young person will need to agree any contributions with the car er. If foster children are living in the former “Staying Put” arrangement, the young person will need an up to date DBS check and visitor arrangements/safer caring will need to be in place. VII. Hillingdon Children’s Services is unable to provide retainers to carers for young people who are attending a course of education which entails them living away from the placement during term time for the following reasons: • Retainers and any payment that is provided where there are no children/young people in placement (fostering and “Staying Put”) are counted as income by the DWP when calculating entitlement to means tested benefits and will result in the majority of any benefit being stopped or reduced to the level of the retainer. As such, it would not be equitable or fair to provide retainers to carers who are not in receipt of means tested benefits and not provide them to those in receipt of means tested benefits. • Whist a young person may intend to return to a “Staying Put” arrangement in the vacations, their circumstances may change and that of the carers may also change and therefore either party may decide that it is not appropriate for the young person to return, in such circumstances an overpayment would result. VIII. The arrangements for returning during the vacat ion will need to consider the following points. The amount of rooms the carer has available, any commitments to foster children in the household, the needs of the young person returning in the vacations to have a DBS check, the allowance to be paid to the carer. IX. Where it is decided that it is appropriate for a young person to return in the vacations and at other times, the following expectations apply. Where carers remain registered as foster carers all young people who return to a foster placement will require a DBS check and where necessary a risk assessment. Consideration will also need to be given to the impact of the returning young person on any foster child in placement. This will be particularly important Staying Put Policy 2020-21 Page 13 of 60 20th August 2020 where a child has been placed since the young person commenced university; as such the social worker for the placed child should be consulted. X. Young people who return to previous “Staying Put” arrangements for weekends and/or periods of 6 days or less should cover any costs from their Student Finance Loans, University Bursaries and /or Higher Education Bursary and should agree these with their carer. XI. Where a young person returns to a “Staying Put” arrangement for a period of 6 days or less and then, due to a specific requirement, needs to remain for longer than 6 days, payment can only be initiated following a pathway planning meeting (see section IV for those who should attend the meeting) to endorse the “Staying Put” arrangement. Where agreement is given, payment can be backdated to the initial date that the young person returned. XII. Where a “Staying Put” carer has a spare room that the young person can use during the Christmas, Easter or summer vacation, their stay is intended to be over 6 days, the arrangement is agreed in advance and set out in the pathway plan; the rate paid would be the ‘Universal Rate’ and the Skills and Training Fee applied to the “Staying Put” carer. With the young person covering the weekly rent element equivalent to the LHA rate for the area. XIII. Agreement to the “Staying Put” arrangement would also be dependent on the young person’s DBS check, risk assessment and the needs of any foster children in placement. XIV. The young person is responsible for paying the rent element equivalent to the LHA rate for the area from their Student Finance Loans, University Bursaries and Hillingdon Higher Education Accommodation Allowance and Higher Education Bursary. XV. Where a “Staying Put”/foster carer does not have a spare room that the young person can use during the Christmas, Easter or summer vacation the following principles apply. As above, the young person will require a current DBS check and risk assessment in terms of the impact of the returning young person (adult in foster care household) on any foster children in the household, particularly children/young people who have been placed since the young person left to attend university. Consideration of the accommodation that the young person can use, if the young person is staying in the living room, office or other room , an assessment will be required regarding the suitability of this arrangement and if it will have a negative impact on the foster children in the household. The supervising social worker will need to liaise with the social worker/s of the foster children in the household regarding the assessment and risk assessment. Staying Put Policy 2020-21 Page 14 of 60 20th August 2020 XVI. Should it be agreed that the young person can stay within the household over the vacation periods (no room of their own) , a contribution to food and utilities should be made by the young person. The suggested contribution is £ 35.72 per week; this amount has been set to align with the rate used for all other “Staying Put” arrangements (100% food rate and 50% utility rate). If the young person does not have the use of their own room, a rent charge should not be applied. The payment should be made directly to the carer. The arrangement will need to be organised well in advance of the young person’s return and should be set out in their pathway plan. XVII. All arrangements must be agreed as far as possible in advance and should be set out in the young person’s pathway plan and the living together agreement. Forces Arrangements Where a young person leaves a “Staying Put” arrangement to undertake military forces induction, or a further education training programme and would like to return to a “Staying Put” household during leave/vacations, this should be organised based on the University Arrangements set out above , includi ng DBS checks, risk assessments and payment arrangements – over/under 6 days, room availability and advanced planning. Asylum Seeker Arrangements Asylum seeking young people with no recourse to public funds can access “Staying Put” in the same manner as young people who have a positive asylum decision or, who are British Citizens. Reference should be made to the Immigration Act 2016 , given that the Act removes an entitlement to “Staying Put” . *The g uidance associated with the Immigration Act 2016 is yet to be fully issued; the guidance will set out which groups of failed asylum seeking young people will not be able to access Staying Put 2. “Staying Put” Disability Arrangements “Staying Put” – Disability - Where a young person has a disability that meets an Adult Services, Care Act 2014 Eligibility Criteria, the foster care placement should be converted to a Shared Lives/Adult Placement arrangement by the young person’s 18 th birthday. “Staying Put” arrangement s for a disabled young person are therefore a temporary arrangement and will continue until the foster/”Staying Put” carers are approved as Shared Lives/Adult Placement carers. “Staying Put” carers for disabled young people, who meet the Care Act 2014 eligibility criteria, will continue to be paid the same Fostering Maintenance Allowance (minus £58.90) and the same level of Skills and Training Fee or Premium that they were paid when the young person was aged 17. From the young person’s 18th birthday they are expected to claim Employment & Support Allowance (if not claimed at age 16) which should be used to cover items previously Staying Put Policy 2020-21 Page 15 of 60 20th August 2020 provided by the foster carer (pocket money, clothing and personal element) and also pay rent/claim housing benefit. Planning for the possibility of a Shared Lives placement should be considered at the Age 14 SEND Transition Review where a child is living in foster care and has an Edu cation, Health and Care Plan. Period - 18th to 19th birthday ( the arrangement should be transferred to a Shared Lives/Adult Placement by the young person’s 19th birthday at the latest). Where a fostering arrangement is in the process of being transferred to a Shared Lives/Adult Placement and this has not been achieved by the young person’s 18th birthday, the carers must undertake an adult service safeguarding training course. “Staying Put” Frameworks All Hillingdon “Staying Put” arrangements come within the DfE, DWP and HMRC “Staying Put” definitional criteria. However, in situations where a young person leaves the “Staying Put” arrangement and returns in the vacation/forces training period etc., these arrangements are excluded from the DWP definition and therefor e a Section 23C disregard does not apply to any element of the payment and the whole payment will be deemed income (from a ‘Boarder’ if meals are included) by the DWP. Terminology From the age of 18 young people are no longer legally ‘in care’ or ‘looked after’ and therefore fostering arrangements and legislation relating to children placed with foster carers no longer appl ies. In circumstances where a young person remains with their former foster carer/s after their 18th birthday, the arrangement should therefore be deemed an ‘age eighteen and older arrangement’ or “Staying Put” arrangement. The term ‘arrangement’ should be used rather than placement; the term ‘placement’ denotes a situation where the local authority arranged and placed the child with a foster carer. Once the young person reaches the age of 18 and legal adulthood, the local authority is no longer making a placement, but facilitating a “Staying Put” arrangement for the young person. Staying Put Policy 2020-21 Page 16 of 60 20th August 2020 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. Whilst the term ‘excluded licensee’ is a legal one, it should denote that the young person will be treated differently than they were as a fostered child. In addition, the carer may also become, and be deemed the young person’s landlord. 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 carefully and sensitively planned in order to ensure that both young people and their carer/s understand the nature of the arrangement and that the positive aspects of being in foster care are not diminished by the new legal and financial arrangements and terminology. An excluded licensee can be asked to leave the property by the “Staying Put” carer, who must give ‘reasonable notice’ (wherever possible 28 days). In extreme circumstances it may be considered reasonable for the “Staying Put” carer to give very short notice and ask the young person to leave on the same day. In such circumstances Hillingdon Children’s Services will provide short term emergency accommodation (2 -3 days) whilst an appropriate accommodation pathway is identified. In situations where a young person meets the Care Act 2014 Eligibility Criteria, the foster care placement should be converted to a shared lives placement by the young person’s 18th birthday. Where a young person is deemed to meet an Adult Service Eligibility Criteria it is important that their primary case worker and the young person’s placement are regulated within the adult service s frameworks. “Staying Put” should only be used in exceptional circumstances when a transfer to a shared lives arrangement has not been achieved by the young person ’s 18th birthday. Planning for the possibility of a Shared Lives placement should be considered at the Age 14 - SEND Transition Review where a child is living in foster care and has an Education, Health and Care Plan. Staying Put Policy 2020-21 Page 17 of 60 20th August 2020 Procedure for Extending a Foster Care Placement into a “Staying Put” Arrangement The long term fostering plan (Permanence Plan) and/or the Leaving Care Assessment of Need begins at the age of 15¾ and should identify the timescale required for young people to move to independence and should be used as the framework for beginning to explore “Staying Put” and the following questions and issues: 1. Is it likely that the young person would benefit from a “Staying Put” arrangement when they reach their 18th birthday; 2. Is the young person and their foster carer/s in agreement to a “Staying Put” arrangement: 3. Does the young person and their foster carer/s understand the procedures and requirements for extending a foster care placement into a “Staying Put” arrangement; 4. Does the young person understand t heir financial and benefit responsibilities associated with remaining in a “Staying Put” arrangement; 5. Does the foster carer/s understand the changes in their funding arrangements associated with a “Staying Put” arrangement; 6. Does the foster carer/s understand the impact of a “Staying Put” arrangement on their welfare benefit income and on their Income Tax a nd National Insurance responsibilities and liabilities; 7. What is the parallel plan for the young person should the “Staying Put” arrangement not be viable; 8. Does the foster carer/s understand that they need to inform their mortgage provider/landlord and their household/buildings insurer that the foster child has become a “Staying Put” adult; 9. 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; 10. 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 Care Act 2014 eligibility criteria. Staying Put Policy 2020-21 Page 18 of 60 20th August 2020 To ensure sufficient time is available to make the necessary planning arrangements for extending a placement beyond a young person’s 18th birthday, a “Staying Put” professionals/viability meeting should take place as part of the Leaving Care Assessment of Need; this meeting should take place immediately prior to the young person’s 16th birthday. The “Staying Put” professionals meeting (part of the Leaving Care Assessment of Need) should include the foster carer/s, the foster carer/s supervising social worker and young person’s social worker and should establish the viability and likelihood of a “Staying Put” arrangement occurring. The meeting should identify a ll tasks that are required to extending the fostering placement into a “Staying Put” arrangement; apportion tasks and roles and responsibilities . 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. The professionals (“Staying Put” Viability) meeting and pre- meeting process should follow the three step sequence as set out below: 1. Young person’s s ocial worker and the carer’s supervising social worker to discuss ‘Staying Put’ issues with the foster carer. 2. Young person’s social worker to discuss ‘Staying Put’ issues with the young person. 3. Following separate discussions with the young person and foster carer, and when ‘Staying Put’ by the two parties (and local authority) is agreed in principle, formal and joint planning begins. Note: 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 that they are able to retain the young person under a “Staying Put” arrangement once the young person reaches the age of 18 (in principle). This is required in order to ensure the stability of the placement and to avoid unsettling the young person should the foster carers be unable to provide a “Staying Put” arrangement. The responsibility for co -ordinating the initial “Staying Put” professionals meeting, rests with the young person’s social worker. The Independent Reviewing Officer will prompt the commencement of the “Staying Put” planning process at the statutory review immediately prior the young person reaching the age of 15½. The outcome of the meeting should be presented to the statutory review immediately following the young person’s 16th birthday. • A request/notification for “Staying Put” (‘in principle’) should be presented to the Head of Service (Fostering) when the young person reaches the age of 16½ (for monitoring purposes and inclusion on the “Staying Put” Monitor). The “Staying Put” professionals (viability) meeting should be repeated when the young person reaches the age of 17¼ Staying Put Policy 2020-21 Page 19 of 60 20th August 2020 - 17½ and should ensure that any final arrangements and requirements are in place by the young person’s 18th birthday. • The outcome of all meetings should be discussed at the young person’s subsequent statutory review s and the decision ratified by the ir Independent Reviewing Officer. The outcome of the age 17¼ - 17½ meeting and decision of the subsequent Statutory Review should then form the basis of the brief report presented to the Hillingdon Access to Resources Panel (HARP), when the young person reaches the age of 17½ - 17¾, who is responsible for any decision regarding extending a fostering placement into a “Staying Put” arrangement. See appendix six and seven for information. All meetings should make reference to the reason for the “Staying Put” arrangement, the practical requirements associated with “Staying Put” and also the National Insurance, Income Tax and Welfare Benefits issues for the foster carer/s/”Staying Put” carer/s and the Welfare Benefit issues for the young person . This information should form the basis of the report presented to HARP. All requests for extending a fostering placement
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Cabinet Member Decision Notice – 22 March 2021 OFFICIAL DECISION NOTICE PUBLISHED BY DEMOCRATIC SERVICES ON 22 MARCH 2021 The Leader of the Council and the Cabinet Member for Families, Education and Wellbeing have made the following decision today: 1. THE LEADER OF THE COUNCIL AND THE CABINET MEMBER FOR FAMILIES, EDUCATION AND WELLBEING STAYING PUT POLICY DECISION: FULL APPROVAL That the Leader of the Council and the Cabinet Member for Families, Education and Wellbeing approved the Staying Put Policy for implementation in Children’s Social Care. REASONS FOR THE DECISIONS MADE To approve a ‘Staying Put’ policy to ensure that the Council meets its obligations under the Children and Young Persons Act 2008, the Care Planning, Placement and Case Review Regulations and Guidance (2010) 2015 and the Planning Transition to Adulthood for Care Leavers Regulations and Guidance 2010 (revised 2015). ALTERNATIVES CONSIDERED AND REJECTED No other options considered. FURTHER INFORMATION The detailed report relating to this decision is available to view here. Tony Zaman, Corporate Director Adults, Children & Young People Services Julie Kelly / Tehseen Kauser, Social Care DECISION AUTHORITY & IMPLEMENTATION Where required, these decisions have been taken under The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. These decisions, unless called in, will come into effect from 5pm on Monday 29 March 2021. This is the formal notice by the Council of the above decision s. If you would like more information on any of the decisions, please contact Democratic Services on 01895 250636. The right hand column indicates the name of the officer(s) responsible for implementing / following up the decision in each case. Circulation of this decisions sheet is to a variety of people including Members of the Council, Corporate Directors, Officers, Group Secretariats and the Public.