Staying Put

The Children and Families Act 2014 introduced a new duty on local authorities to support young people to remain with their former foster carers/kinship carers once they turn 18 and this is referred to as ‘Staying Put’ and these came into force from May 2014.  Children and Family Community Services (he Service) are following best practice guidance and are committed to supporting young people to remain with their foster carers or kinship carers until a young person is aged 21 or until the completion of their education/training courses.

The Service recognises that the average age of leaving home is rising and the transition to adulthood is increasingly becoming more complex.  The Staying Put Procedure sets out local arrangements for extending foster placements as Staying Put arrangements in order to extend young people’s transition to adulthood within a family and household supported environment. The intention is to ensure young people can remain with their former foster carers or kinship 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 Service is committed to preventing social exclusion amongst care leavers and has developed this Staying Put Procedure in order to ensure that they can continue to live with former foster carers or kinship carers after their 18th birthday and make the transition to independent living at a pace that suits their needs.

• Staying Put should be considered for all Care Leavers who are in foster care or kinship 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;
• 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 Service to do so;
• Building on the secure and stable environment of a ‘Staying Put’ arrangement, the Service, former foster carer and young person, will address how the latter can best be supported to develop the skills required for future independent living;
• The Staying Put arrangement is set out in the young person’s Pathway Plan.

The primary aim of Staying Put is to promote a gradual transition from care to adulthood and independent living. It is recognised that many young people in care often experience delayed maturity and that their 18th birthday may be an arbitrary and inappropriate point to leave a familial and foster care or kinship care household.

The scheme is designed to ensure young people do not experience a sudden disruption to their living arrangements, that educational and training achievement and continuity is promoted and that all young people can make gradual steps from care to independence or to Adult Services. This is particularly important for young people with additional needs where there may be a joint Children’s and Adult’s Services approach to transition. Where there is any difficulty in planning, the process undertaken should ensure that neither the young person nor carer is disadvantaged during the transition.

The associated change from foster child to adult member of the household and for the carer to a ‘Staying Put’ Provider should be carefully and sensitively planned in order to ensure that both young people and the Provider understands the nature of the arrangement. Pathway Care Planning in respect of Staying Put arrangements will be completed by the Child in Care Team.

Consideration should be given as early as possible, preferably prior to the young person’s statutory review and shortly after their sixteenth birthday. The Supervising Social Worker should initially gain the views of the foster carer as their agreement is essential before any discussion can take place with the young person. The young person’s Social Worker needs to assess how appropriate such an arrangement would be for the young person with a view to supporting them to remain wherever possible but, where it is not deemed in their best interest, to consider alternative arrangements.

Young people, foster carers or kinship carers may change their minds after making an initial indication of their views on Staying Put. Consideration should always be given to both young people and foster carers who change their minds but care should be taken to avoid disruption to a young person’s education at a critical time. For some young people there may need to be a parallel plan in place so that they do not find themselves without suitable accommodation. This will include consideration of all options including the possibility of the young person moving from foster care to a Supported Lodgings Arrangement, other supported accommodation such as Action for Children Training Flats or other private accommodation.

The Child in Care Review should consider and if appropriate endorse the proposed plan for the Staying Put arrangement and ensure that this is being progressed. Where there are other children in care in the foster placement or kinship placement the Supervising Social Worker should also be involved. The implications of the new arrangement should be discussed in detail and recorded in a Living Together Agreement meeting outside of the Review

The Living Together Agreement should be signed by the young person, Staying Put Provider and Child in Care Team Social Worker.

• Will the young person fit the Staying Put criteria by the time they reach 18?
• Is the foster carer/kinship carer in agreement with the Staying Put proposal?
• Is the young person in agreement with the Staying Put proposal?
• What are the views of other children in that placement and of their Social Workers to the Staying Put proposal?
• Do the young person and their foster/kinship carer understand the criteria for and procedures associated with converting a foster placement into a Staying Put arrangement?
• Does the young person understand their financial and benefits responsibilities associated with being in a Staying Put arrangement?
• Does the foster carer/kinship carer understand the changes in their funding arrangements associated with Staying Put?
• Does the foster carer understand the impact of a Staying Put arrangement on their income tax and any other associated benefits?
• What is the contingency plan should Staying Put not be a viable option?

The ‘Living Together Agreement’ should cover the same range of issues and include a focus on the young person’s needs associated with the reason for the Staying Put arrangement being agreed.

The Living Together Agreement covers:

• Level of support to be provided by the carer;
• Young person’s contributions;
• Preparation for independence tasks;
• Finance, including young people having credit cards, loan agreements and mobile phone contracts registered at the address;
• Income and benefit claims;
• Education, training and employment activities;
• Someone whom they are in a relationship with is not permitted to stay overnight for more than one night per week whilst the young person is receiving rent and personal allowances from Social Security;
• Staying away for nights/weekends and informing carers of movements;
• Health arrangements - Please note if the young person’s health is covered by supplementary benefit, they will need to abide by all the requirements of the claim;
• Move-on plans.

The impact of the Staying Put arrangement on the fostering household will be one of the factors considered. It will also be discussed at the foster carer’s annual review.

Where there are no other children in placement the Staying Put Provider may decide to put their fostering role ‘on hold’, to take another placement, or to resign as a foster carer/s.

Where the Staying Put Provider remains an approved foster carer the usual fostering visits, review and training requirements will continue to be undertaken by the Family Placement Service as for any other foster carer who does not have a current placement.

Where the Staying Put Provider decides that they no longer wish to foster their resignation will be formally acknowledged in accordance with Fostering Procedure. The fostering regulations will no longer formally apply when a young person reaches the age of 18 although the standards of care expectation will continue.

Foster carers can offer both foster placements and Staying Put arrangements. There will continue to be an expectation on the Provider, including:

• The young person will have their own bedroom;
• The ability to provide support and guidance and enable the young person to develop independent skills;
• The ability to continue to provide young people with a safe nurturing and supportive environment.

Staying Put Providers will be expected to be proactive in encouraging the young person to take up opportunities in education or employment and to encourage a young person in developing a range of skills that are outlined in the Living Together Agreement.

Staying Put arrangements should be reviewed by the Child in Care Team on an ongoing basis. This should include a review of any problems or difficulties which have emerged and what is working well.

Where a young person attends Higher Education outside of the Bailiwick during the term and returns to their Staying Put arrangement for the course holidays the Staying Put Provider will be paid a ‘retainer’ during the term time and the full daily allowance during holiday periods and for any period where the young person returns to stay overnight or for a longer period due to illness or other purpose.

Where the young person remains living with the Staying Put Provider and attends Higher Education on a daily basis they will be expected to apply for all loans and bursaries that may be available to them. From these funds the young person will be expected to continue paying for their personal care and additional day to day living costs except for food and utilities.

If a young person is over eighteen and remains in full time education to complete their secondary level education and is in a Staying Put arrangement Social Security will be able to make an exception from the need to be in full-time remunerative work during this time.

The young person’s Social Worker is responsible (in consultation with the Supervising Social Worker from the Family Placement Service) in establishing whether the foster carer is prepared to consider a Staying Put arrangement. Where the foster carer is not in agreement with the proposal the Staying Put plan cannot be progressed.

The Social Worker will provide the young person with information regarding Staying Put and ensure that this is discussed in subsequent Child in Care and Pathway Plan Reviews which take place six monthly.

The Social Worker will notify the Family Placement Service if any issues arise, for example the need for additional support for the Staying Put Provider where they continue to foster.

The Social Worker will ensure that the young person understands and agrees to the changes in the status of their placement and this includes working with the young person to draw up the Living Together Agreement. Although there will be no statutory duty for the young person’s Social Worker to visit other than to complete the Pathway Review Plan, a mutual agreement will be determined in the Living Together Agreement as to the frequency of any visits required and the Leaving Care Service will hold responsibility for monitoring and supporting the arrangement

The young person’s Social Worker is responsible for ensuring any changes to arrangements are communicated to the Family Placement Service and to other agencies involved. They are also responsible for completion of all documentation which initiates and ends payments.

The Supervising Social Worker will remain involved with the foster carer if they continue to foster other children with regard to those specific children.

If the Staying Put Provider chooses to resign from fostering the Family placement Service will cease involvement and the Leaving Care Service will retain responsibility.

The Supervising Social Worker will provide the foster carer with information on Staying Put.

They will ensure an Enhanced DBS check is completed on the young person prior to their 18th birthday where a Staying Put Provider will continue to foster children under the age of 18.

In order to promote the understanding of Staying Put, expectations should be incorporated in the recruitment and training of foster carers and, where appropriate, in the annual foster care review process.

• The Service will pay a ‘Staying Put Allowance’ to the Provider and this allowance covers utilities, practical assistance and emotional support;
• Where a young person in education reaches the age of 18 before the end of the academic year the Service will consider continuing to pay fostering allowance until the end of that academic year. This is in order to avoid disruption of the young person’s living arrangements at a key time leading up to exams should the foster care not wish to enter into a Staying Put arrangement. At the end of that term the fostering payment will cease and the Staying Put Allowances will be made;
• The young person will be required to pay the Staying Put Provider an agreed weekly contribution. This amount will either be paid from a young person’s wage or from their personal allowance and rent allowance paid directly to the young person by Social Security. If the young person is in employment but their earnings are insufficient to pay their contribution to the Staying Put Provider Social Security may be able to make top-up payments, the young person should contact Social Security to enquire about eligibility and to make a claim;
• In certain agreed circumstances, payment by Social Security can be made direct to Health and Social Care who will be able to pay the Staying Put Provider;
• Details of the breakdown of the financial contribution from Social Security and the Service will be made available to Staying Put Providers by the Service with the permission of the young person and is detailed in the Allowance Document;
• Staying Put payments are exempt from Income Tax.

 The young person may be entitled to access certain benefits and financial support:

• Unemployment Benefit;
• Supplementary Benefit which includes a rent allowance and personal Allowance;
• A young person will be entitled to a full independent student grant and the amount will be course dependent.

Other benefits where appropriate i.e. disability or sickness benefit.

Under the Staying Put arrangement there is an expectation that the young person will be responsible for buying their own food, clothes, toiletries, mobile phone costs, transport costs, social activities, holidays, and costs associated with birthdays and Christmas etc.

Every eligible young person is expected to apply for any benefits that they are entitled to and will continue to do so whilst eligible. The young person’s Social Worker in collaboration with the Staying Put Provider will support the young person in accessing financial support.

If applicable it is important to note, if a young person does not cooperate and comply with either being in full time education or actively looking for work, Social Security will likely apply sanctions and ultimately be in a position to stop the claim.

The Service’s insurance cover does not extend to Staying Put arrangements, once foster children reach the age of 18 they are no longer in care. The legal responsibilities are different therefore Staying Put Providers will need to take responsibility for ensuring they have their own property insurance.

Staying Put Providers should ensure they 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. Failure to inform the above may cause a breach of mortgage/tenancy requirements and may result in insurance cover being void due to a failure to disclose material facts.

The Staying Put arrangement is essentially a private arrangement between the young person and their former foster carer/kinship carer, with some additional practical and financial support from the Service. However, the Service could decide to end their financial support to an arrangement where there are concerns that the standard of care provided to the young person by the Provider does not meet their needs or where the Provider is failing to complete any tasks set out in the young person’s Pathway Plan to support the young person develop their independence skills. If, following attempts to address the concerns, the situation continued, it would be for them to decide if the arrangement should come to an end and the young person moved to alternative provision.

The Staying Put arrangement will cease on the young person’s 21st birthday or once full time education/training courses have been completed or an earlier date agreed in the Pathway Plan. Wherever possible the young person or Provider should give 28 days’ notice of ending the placement. If at this time the young person is at a critical stage in their education (e.g. final exams) all attempts should be made to enable the young person to Stay Put until completion. Advanced planning will be put in place by the young person’s Social Worker to assist with future accommodation wherever possible. In some circumstances the young person and Staying Put Provider may propose their own plans to continue with the living arrangement.

It is acknowledged that there may be circumstances where the Provider no longer feels able to continue with the arrangement and in these cases the Provider must notify the Child in Care Team at the earliest opportunity and prior to discussing this with the young person. There is an expectation that the Provider gives 28 days’ notice before ending the arrangement. Also the young person may make a decision to leave and not be prepared to wait 28 days. There is also an expectation that Social Security will be informed as soon as the placement is due to end.

The young person’s Social Worker is responsible for ensuring any changes to arrangements are communicated to the Family Placement Service and to other agencies involved. They are also responsible for completion of all documentation which initiates and ends payments.