3.10.1 Leaving Care |
AMENDMENTS
Appendix 1 was updated in September 2011 when a reference to the Student Loan Company was added.
RELATED CHAPTERS
Contents
- Introduction
- Objectives of the Leaving Care Services
- The Legal Framework
- Financial Arrangements under the Legislation
- The Delivery of Leaving Care Services
- Referral and Allocation
- Needs Assessment
- Pathway Planning
- Review of Pathway Plans
- Transition Process
- Accommodation
- Financial Arrangements
- Representations, Complaints and Compliments
Appendix 1 - London Borough of Hillingdon Leaving Care Service
Appendix 2 - Care Leavers Nomination Policy to Housing (Band "B")
Appendix 3 - Higher Education Bursary Regulations - Frequently Asked Questions
1. Introduction
This chapter outlines how services are delivered to young people leaving care in the London Borough of Hillingdon, to ensure that the standards set under the Children (Leaving Care) Act 2000 are met in full:
“to ensure that young people leaving care, as they enter adulthood, are not isolated and participate socially and economically as citizens”.
The chapter is based primarily on the following documents, which provide the essential framework for practice. All of these documents must be read in conjunction with one another as a basis for understanding the responsibilities for good practice when working with young people leaving care.
- The Children (Leaving Care) Act 2000
- The Children (Leaving Care) Act 2000 Regulations and Guidance
- The Children (Leaving Care) Act Explanatory Notes
- The Children Act 1989
- The Children Act 2004
- The White Paper – ‘Care Matters’ – Time for Change 2007
- Children and Young Persons Act 2008
2. Objectives of the Leaving Care Services
Hillingdon will:
- Work in partnership with the young person, carers and all involved agencies to produce and regularly review a Pathway Plan. This will be done through a planned, facilitating process, to support, motivate and empower each young person to achieve their potential for competent independent living.
- Support and encourage each young person‘s potential for education, training and employment, using every opportunity to maximise and celebrate achievements and outcomes.
- Promote the importance of good health and encourage each young person to engage with any necessary health service, and acquire the knowledge and skills to access services in the future. Young people will be supported in exploring for him or herself the elements of a healthy lifestyle, including sexual and emotional health.
- Provide or facilitate the young person in acquiring accommodation appropriate to the age and needs of the young person, with a focus on developing independence skills, but with sufficient support to enable the young person to manage other aspects of their lives.
- Provide each young person with a worker who will undertake the role of a Personal Adviser who will support and provide the guidance that is needed for the young person to develop a resilient sense of self-worth, aspiration, confidence and identity.
- Encourage each young person to take up opportunities for developing a range of interests, skills, activities and supportive social networks.
- Ensure each young person will be supported to develop positive family relationships with members of their birth family and/or substitute family, wherever possible.
- Involve, consult and support each young person in decision-making, with an emphasis on the young person being equipped to take the lead in doing so. To provide opportunities to encourage young people to contribute to and participate in the community.
- Support each young person to become financially independent, able to budget, save and manage money. The expectation is that the young person will have been encouraged to save money from an early age whilst in care.
- Encourage and support any young person engaged in self harming behaviour, including offending behaviour, substance misuse, unsafe sex to seek and use relevant help.
3. The Legal Framework
3.1 Children (Leaving Care Act) 2000
The Children (Leaving Care) Act 2000 provides the legal framework for the policy and arrangements in respect of young people leaving the care of the local authority, and after care services. The local authority has a duty to prepare Looked After young people for the time when they leave care. Children’s Social Care Division has a range of duties and powers to provide after care advice and assistance to these young people, and to those who have been Accommodated by other specified agencies.
These duties mean offering contact and support to care leavers until the age of 21 years or 24 if the young people are undertaking an agreed course of education or training which began before the age of 21. These duties strengthen and extend the provisions for care leavers in the Children Act 1989. This guidance and regulations supersede Volume 3, Chapter 9 and Volume 4, Chapter 7 of the Children Act 1989 Guidance and Regulations.
3.2 Who is affected by the legislation?
The Act defines four categories of young people entitled to leaving care services.
| Eligible | A young person is deemed eligible if he/she has been looked after for a minimum of 13 weeks from the age of 14 years and is still looked after at the age of 16/17. Young people who meet the 13 week eligibility criteria of having been looked after for 13 weeks from the age of 14, but on their 16th birthday are detained in either a remand centre, youth offending institution, secure accommodation whilst subject to a Secure Accommodation Order, or a hospital, are also eligible. |
| Relevant | An “eligible” young person becomes a “relevant” young person if they leave care aged 16 or 17. |
| Former Relevant | At the age of 18 if a young person was previously “eligible” and “relevant”, they become known as “former relevant”. |
| Qualifying | A care leaver who leaves care between the ages of 16 and 18 who has not been in care for the 13 week period which is required to become an “eligible” young person becomes a “qualifying young person”. Young people who have been privately fostered beyond the age of 16 also become “qualifying” young people. |
3.3 Who is not affected by this legislation?
The Act is intended to help those children and young people who depend on the local authority in place of family. The provisions of the legislation are modelled on what good parents would normally expect to provide for their children. These provisions therefore do not apply to:
- Children Looked After by way of respite care and those who remain the responsibility of their parents or other carers.
- When a young person has returned home successfully, he or she will cease to be a relevant child. This means that he/she must have been successfully settled for at least six months. The responsible authority will use the review of the Pathway Plan to determine whether the rehabilitation is successful. If the return home proves to be unsuccessful after the six month period, the young person will once again become a relevant young person.
4. Financial Arrangements under the Legislation
The new financial arrangements are intended to simplify support for care leavers. Under the new arrangements, local authorities have the primary income maintenance role for both eligible and Relevant Young People.
Exceptions will include Relevant Young People once they have returned home for six months or more, and children receiving short respite care placements.
- Eligible Young People and Relevant Young People are not entitled to Income Support, Job Seeker’s Allowance or Housing Benefit.
- Eligible Young People and Relevant Young People who are lone parents or disabled will however be eligible for Income Support and other benefits except Housing Benefit.
- 16 and 17 year old care leavers who do not meet the qualifying periods for either Eligible Young People or Relevant Young People status will remain entitled to benefits. In addition the local authority may provide them with financial assistance (see Children Leaving Care Act 2000 section 6, substituting Children Act 1989 section 24).
- The local authority does not have a primary financial responsibility for Former Relevant Young People (aged 18 and above). However, the local authority now has a duty to provide assistance in kind or in cash in respect of the assessed additional needs of a Former Relevant Young Person.
- In cases of need for emergency assistance for care leavers from another responsible authority, Section 17 of the Children Act 1989 should be considered until proper plans for financial support are made with the relevant responsible authority.
5. The Delivery of Leaving Care Services
In Hillingdon the delivery of services to those who are Eligible, Relevant or Former Relevant, will be the responsibility of the 16+ and Asylum Teams. It is recognised and good practice that the worker who knows the young person best throughout their time in care is an important person to be involved in the transition to this team. Preparation for leaving care will be regarded as an important part of care placement and training and support to foster carers and residential workers for this process will be made available.
Young people with disabilities who are eligible for services from Adult and Community Care Services will receive their services as a Former Relevant” Young Person from the Appropriate Adult Team. These arrangements will have been detailed in the young person’s Pathway Plan.
See also Hillingdon‘s Protocol for the Transition of Children with Disabilities and Mental Health to Adult and Community Care Services.
Children and young people who are deemed to be “qualifying” will receive advice and guidance, and in exceptional circumstances may receive other support.
6. Referral and Allocation
When a social worker in the Children in Need Team (CIN), Referral and Assessment Team (RAT), or Looked After Children Team (LAC) identifies that a looked after young person is approaching the age of 15 and a half years and will become an “eligible” young person at 16, they must make a referral to the 16+ Team using the Needs Led Assessment and Pathway Planning.
The 16+ or Asylum Team will then appoint a Personal Adviser or other worker to undertake the Needs Assessment and construct the Pathway Plan.
NB The role of the Personal Adviser can be undertaken by workers other than those employed as Personal Advisers.
If the young person‘s 16th birthday occurs in the period between December and June prior to their GCSE exams, case responsibility will remain with the previous team until after the completion of the GCSE’s.
In circumstances where a young person is in year 10, a transfer to the Leaving Care Service may take place.
If so, the 16 +/Asylum Team will:
- Attend the 15.5 year and any subsequent Looked After Review;
- Work jointly with the current allocated social to undertake the Needs Assessment and, with the agreement of the relevant team manager/social worker, carry out any other relevant actions agreed with the young person and the LAC, CIN or RAT Team in keeping with the particular responsibilities of the 16 + Service.
7. Needs Assessment
The Needs Assessment and Pathway Plan must be completed within 3 months of the 16th birthday. The assessment will be undertaken by a range of persons who can carry out the functions of a Personal Adviser from the 16+ /Asylum Team.
The Needs Assessment will inform the young person’s Pathway Plan and will be completed and presented, along with the Pathway Plan, at the first Looked After Review following the young person's 16th birthday. An Independent Reviewing Officer will chair this review.
The only exception to this will be in the case of Eligible Young People allocated within the Children with Disabilities Team.
When carrying out a Needs Assessment, the allocated worker will follow the principles of the Assessment Framework and take into account all other existing plans concerning that young person.
These plans will include: Care Plans, Transitional Plans (if applicable), Health Action Plans, Personal Education Plans, and any other plans referred to in the current Action and Progress Record of the young person concerned.
The assessment and subsequent evaluation must always take into account the need to match the plan with a young person’s skills and capacity at all stages in his/her progression to independent living. The views and wishes of the young person and the opinions and assessments of those who work with the young person will all be taken into account when determining a move of a young person under 18 to more independent living.
The Leaving Care Needs Assessment - Framework identifies six categories of children who may require special care and attention during the assessment. They include children and young people:
- In transition, including moving schools, leaving school or leaving care, or moving into young adulthood and into the remit of adult services.
- With specific communication needs, either because English is not a first language or they do not communicate through speech.
- With a long history of contact with Children’s Social Services.
- Involved in the use of drugs.
- About whom there are concerns that they are becoming involved in prostitution.
- Who are separated from their country of origin (unaccompanied asylum seeking children and young people).
It is likely that Hillingdon’s care leavers will be represented in several of these categories.
8. Pathway Planning
The Pathway Plan is the care planning framework for young people aged 16 and over and sets out the young person’s aspirations for their future and to set interim goals in relation to all the areas to be covered.
The principles to consider when drawing up a Pathway Plan are that:
- Young people will be involved in the drawing up of their plans.
- A young person is entitled to the support of an advocate throughout the pathway planning process, if he/she wishes. In Hillingdon this service is provided by NCH, the Children’s Rights Service.
- The Pathway Plan will be completed and presented at the first Looked After Review after the young person’s 16th birthday, along with the completed Needs Assessment.
- The Pathway Plan will be reviewed every 6 months and include reports from all professionals/ agencies involved in providing services to the young person, although they may not all attend the review, depending on the wishes of the young person.
- Any resource provision linked with the plan must be agreed prior to or immediately after the review by either the Team Managers of the 16 +/Asylum teams, or, if beyond that manager’s delegated authority, the Service Manager or Resource Panel, as agreed.
- The Pathway Plan for a young person should be developed with him or her, any agreed family member, the carers and any other appropriate parties.
- The plan will commence from the young person’s 16th birthday.
Those young people who may be eligible for Community Care Adult Services will be referred by the social worker/Personal Adviser to the Transition Panel at the age of 16 in line with Hillingdon’s Protocol for the Transition of Children with Disabilities and Mental Health needs from Education and Children’s Services to Adult and Community Care Services.
9. Review of Pathway Plans
Whilst an “eligible” young person remains a Looked After Child, their Pathway Plan will replace their Care Plan. The review of the plan will be undertaken by Hillingdon’s Independent Reviewing Officers as part of their responsibilities for reviewing the arrangements for each Looked After child.
Reviews will take place at a minimum of 6 monthly intervals and more frequently if requested by the young person or the allocated worker. All other Looked After Review documentation must also be completed.
Once a young person is no longer Looked After they become either a “relevant” young person or a “former relevant” young person. In practice the majority of Pathway Plans will then be reviewed by the relevant manager in the 16+, Asylum, the Children with Disabilities or the relevant team in the Community Adult Teams.
Where a young person has been assessed to have additional/complex needs which will require additional support, such as mental health, a supervising manager is required to attend the first review in the 17th year to ensure robust transitional planning. In exceptional circumstances at the final statutory Looked After Review, it may be agreed by the relevant Team Manager or the Assistant Team Manager and Independent Reviewing Officer, that there is a need for continuing Independent Reviewing Officer involvement.
All other reviews of Pathway Plans for Former Relevant Young People will be co-ordinated by the Personal Adviser, and all financial plans will be authorised by the appropriate manager. The management team for 16+ and Asylum is responsible for monitoring the performance and quality of the Personal Adviser’s practice.
10. Transition Process
The Protocol for transferring to Adult and Community Care services will apply to all those young people with disabilities and or those with mental health needs.
At the point of transfer to the 16+/Asylum teams, the young person will be provided with a copy of the schedule of financial assistance and a simple guide to the services that will be available to them.
In addition the social worker/Personal Adviser must:
- Provide the young person with written information on how to make a compliment or complaint
- Coordinate the Housing Assessment and Application.
- Build a working relationship with the young person.
- Identify the young person’s goals and ambitions to inform the Pathway Plan
- Liaise with Connexions, Education, Employers & Training providers
- Assist in the completion of the Pathway Plan “Your Leaving Care Services”
- Ensure a bank account for the young person is set up (where possible)
- Provide and explain financial entitlements and agree a financial plan with the young person
- Provide a budgeting pack
- Provide health information as appropriate.
11. Accommodation
Please refer to Appendix 2 – Care Leavers Nomination Policy to Housing (Band ’B’)
12. Financial Arrangements
For details of payments made under the different categories of eligibility see Appendix 1 - London Borough of Hillingdon Leaving Care Service.
12.1 Principles for payments to care leavers 16-18
Financial support to young people is related to their individual circumstances which will take account of their legal status and will be described in detail in their Pathway Plans.
Payment systems should be based on systems which are transparent and which reflect Departmental priorities. Departmental payment systems should take full advantage of any grants and payments which are available.
12.2 Bank Accounts and National Insurance
When young people at the age of 15 and a half are referred to the 16+/Asylum teams, the young people should be encouraged and assisted to open a bank account (where possible).
Young people should also be assisted to obtain a National Insurance Number (where possible) – see Registration for National Insurance Procedure
The Personal Adviser/social worker will ensure that these tasks are identified in the first Pathway Plan.
To open a bank or building society account, identification details for each young person will be required. These may include a birth certificate, passport, NHS card, immigration documents etc.
13. Representations, Complaints and Compliments
Education and Children’s Services, in partnership with the Children’s Rights Service, will ensure that all young people leaving care will be advised of the procedure for considering any representations (Including any complaints).
Appendix 1
LONDON BOROUGH OF HILLINGDON LEAVING CARE SERVICE
| POLICY/GUIDANCE ON THE ELIGIBILITY OF YOUNG PEOPLE LEAVING CARE TO LCS FINANCIAL ASSISTANCE | ||||||||||||||||||||||
| 1. | Introduction/Eligibility |
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| 1.1 | The Children (Leaving Care) Act 2000 made set specific responsibilities for young people leaving care, including financial support and support with education and training. The legislation (plus our existing established responsibilities for young people under Section 24 of the Children Act 1989) created 4 levels of service eligibility for financial assistance
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ALLOWANCES PAID TO YOUNG PEOPLE |
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| 2. | The tables below list eligibility for financial assistance to each of the groups (for definition of each allowance see Section 3. Types of Allowances). | |||||||||||||||||||||
| 2.1 | YOUNG PEOPLE QUALIFYING FOR SECTION 24 SUPPORT (AS DEFINED BY CHILDREN ACT 1989) PRE IMPLEMENTATION OF THE CHILDREN (LEAVING CARE) ACT 2000 These payments are not mandatory but can be considered as part of a package of support dependent on need.
NB Our primary duty is to offer advice, guidance and assistance in exceptional circumstances. |
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| 2.2 | YOUNG PEOPLE WHO ARE ELIGIBLE AND RELEVANT (16/17 Years old) AS DEFINED BY THE CHILDREN (LEAVING CARE) ACT 2000 Outlined below are types of allowances (for definition of each allowance see Section 3, Types of Allowances) and eligibility for both ELIGIBLE and Relevant Young People living in semi-independent /independent accommodation.
All allowances must be agreed via the Pathway Planning process with a young person’s Personal Adviser. For young people who are living in regulated care placements, financial support will be described in their care plans. |
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| 2.3 | YOUNG PEOPLE WHO ARE FORMER RELEVANT (18-21/24 Years old) AS DEFINED BY THE CHILDREN (LEAVING CARE) ACT 2000 Assistance will only be agreed via a Pathway Plan, which will need to be agreed with a young person’s Personal Adviser.
NB: For those young people in higher education courses of study see section on Education/Training/Employment Allowances for information |
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| 2.4 | YOUNG PEOPLE WHO ARE Qualifying Young People (16-21/24 Years old) AS DEFINED BY THE CHILDREN (LEAVING CARE) ACT 2000 There is an expectation that young people will access all available benefits to which they are eligible and assistance will be given only if agreed. The above allowances will be made according to income. Where a young person is not considered eligible for benefits, their needs will be assessed for support. |
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| 3. | Types of AllowancesListed below are the types of allowances paid to young people. There are 2 broad sets of circumstances within which we give financial assistance to young people: ‘Education, Training and Employment’ support and ‘Other Payments (Grants and Emergencies)’. |
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| 3.1 | Education/Training and Employment Related AllowancesThe following sections should be read in conjunction with Transition to Adulthood - Interim Guidance for the Implementation of the Care Leavers (England) Regulations 2010. Most allowances payable via the LSC (Learning Skills Council) will be paid to young people who are remaining in education/training or moving to employment. All allowances paid to young people in further/higher education and training will be based on them obtaining and sustaining a place on a full-time course. To qualify for financial support post 18, a young person must commit to attending 1 course by the age of 18. It is not acceptable to change courses without an agreement from the Team Manager of the Leaving Care /Asylum Services. A full-time course must consist of a minimum of 15 hours per week. Payments for part-time courses (defined as less than 15 hours per week) will only be considered in special circumstances and payments should be 'pro-rata'. We expect that young people will maintain regular attendance (90%) in order to continue to receive allowances. Progress will be checked initially in the first month and from then on a termly basis at least. If a young person is in full-time further education and is a single parent, they should apply for alternative funding to assist with the cost of childcare with the support of their Personal Adviser. Some assistance may be available from LSC in exceptional circumstances either for payment in full or as a top up to other funds. Assistance is discretionary. Higher Education:Definition of Higher Education - This is a course that has been confirmed by the institution that the course undertaken is at the level of higher education. Bursary Scheme: A bursary of £2000 under the Children Act 1989 (Higher Education Bursary) (England) Regulations 2009 will be paid to those young people who go onto higher education and who are eligible for the bursary. The regulations state that the bursary is for "former relevant children" as defined in Section 23C(1) of the Children Act 1989 and includes those who are over 18 and who were either relevant children or eligible children within the meaning of the 1989 Act, immediately before their 18th birthday. In considering eligibility for making bursary payments under the provision of the Regulations, the following principles should be applied.
All young people in Higher Education must be eligible to apply to the Student Loan Company for a student loan to cover their living costs and full payment of their tuition fees. Young people leaving care are normally eligible for the maximum student loan. Young people should also be encouraged by their Personal Adviser to apply for financial help through their university. Single parents at university can also apply to their LEA for additional grants. Vacation accommodation payments can be paid to young people who are in higher education. This will only be for the summer vacation period. Amounts and circumstances under which they become payable must be agreed as part of a completed Pathway Plan. Once agreed that a young person entering higher education has maximised funding the LSC can agree to ‘top up’ allowances where their income is less than the minimum allowances paid to a young person in full time further education. In circumstances where a young person in full time higher education is unable to successfully manage their finances they can apply for a Special Needs Grant or Emergency Payments - via their Personal Adviser - to assist them. |
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| 3.2 | Assistance with Education /Training/ EmploymentThe payments can be used to pay for course workbooks, field trips, special equipment or materials, clothing for work experience placements and job interviews. All payments are based on young person demonstrating satisfactory attendance and proof of success on the course/placement/job. Where a young person is starting a new course of study grants can be agreed for initial costs and continuing assistance will be dependent upon maintaining satisfactory attendance. They are discretionary payments and the young person may be expected to contribute. They should be negotiated via a young person’s Personal Advisor and must be agreed by the 16+ and Asylum team managers. |
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| 3.3 | Living AllowanceThe Living Allowance will be agreed as part of the Pathway Planning Process. For those young people, where it is agreed as part of their Pathway Plan, the amount agreed will never be below the appropriate higher benefit rate. Calculation can include other amounts being received from other sources e.g. training allowances from training providers. Evidence e.g. college attendance record, will be required for continuing payment. If attendance falls below required level notice can be given and if there is no improvement in the situation without good justification then payment can be stopped. Where appropriate, young people will be expected to maximise benefits or education/training/employment allowances. Maximum allowance payable per week will be the appropriate level of payment as set by the DWP |
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| 3.4 | Accommodation PaymentsCan include rent and support costs depending upon the agreed support needs of the individual young person (this must have been agreed by 16+ and Asylum Team Manager via a Pathway Plan in the first instance). Where payable, accommodation costs will only be agreed as part of a young person’s Pathway Plan. Allowances given for accommodation payments are discretionary and based upon an individual’s current circumstances. Young people will be expected to apply for Housing Benefit if eligible. Accommodation Payments are not normally made when a young person is living at home or with relatives. Service charges, water rates etc., are to be paid from the young person’s Living Allowance payments. |
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| 3.5 | Travel Payments – (Whilst in Education /Training /Employment)To be negotiated as part of the Pathway Planning process. Where agreed, they must be appropriate to the needs of a young person in getting to and from an agreed place of education/ training or employment. Proof of good attendance (90%) will be required for continued payment. Payments will usually take the form of a weekly travel card. We will assist with the cheapest route taken. Excess travel payments to meet social activities costs etc. must be paid from a young person’s Living Allowance. Where a young person can access these payments via a training provider, they should do so. Reimbursement for one-off travel to or other activities should be linked to education / training / employment. The payments will be discretionary and the young person may be expected to contribute. All request for emergency payments for travel are viewed as Emergency Payments and they must use that procedure. Maximum allowance is the cost of a weekly local travel card. |
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| 3.7 | Clothing PaymentsPayments are to be agreed as part of the Pathway Planning / Review process. Young people aged 16-17 who are not in foster care will receive a weekly allowance. |
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| 4. | Other Payments. |
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| 4.1 | Birthdays, Religious Festivals, Leisure and Mother /Baby AllowancesAll young people aged 16-18 who live in semi-independent accommodation will receive a birthday grant. |
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| 4.2 | Setting Up AllowanceThis allowance is to provide a young person with sufficient furniture/equipment when moving into independent permanent housing. All young people in receipt of the setting up home allowance are to be assisted to apply for a Community Care Grant. Any savings will be taken into account. Pathway Plans will need to confirm that the young person is entitled to a setting up grant (not actual amounts) and that this will be based on need and circumstances at the time. All payments must be organised via the young person’s Personal Adviser or Duty worker/Manager in the 16+ and Asylum Team. Agreement for payments is made via the Service Managers and Duty Managers according to agreed financial limits. |
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Appendix 2 - Care Leavers Nomination Policy to Housing (Band "B")
INTRODUCTION
The purpose of the Care Leavers Nomination Policy is to secure suitable accommodation for young people who are leaving care.
Overview and Back Ground: Historically the housing allocation policy gave heightened priority to all care leavers cared for by the London Borough of Hillingdon - nominating them to Band B and managing access to housing through a multi departmental Care Leavers’ Nominations Panel which met monthly.
However this changed after the Hillingdon judgement (2003). The Hillingdon judgement ruled that, apart from exceptional cases, local authorities must accommodate all unaccompanied asylum-seeking children under Section 20 of the Children Act 1989. This means that UASC are now classed as Looked After children, and the majority will become care leavers entitled to a range of support services such as access to a Personal Adviser and employment and educational opportunities up to the age of 24 under the Children (Leaving Care) Act 2000.
The Hillingdon judgement meant that a greatly expanded group of care leavers applying for housing were given high priority. This resulted in the departments having to rethink how best to manage and meet need for this client group within limited resources.
This policy outlines the arrangements that are in place in order to ensure that the borough’s most vulnerable care leavers (aged 16+) need for secure, supported and affordable accommodation when they leave care is protected.
The policy outlines the new procedure and criteria that have been drawn up for those Care Leavers who need to remain Priority B.
GENERAL GUIDELINES
The Council has a responsibility under the Children (Leaving Care) Act 2000 to assist care leavers to access suitable, safe accommodation when they leave care. In some cases housing in Council housing or by nomination to Housing Association will be considered.
Nominations must be approved by the multi-disciplinary Care Leavers’ Nominations Panel, which meets monthly.
The normal eligibility criteria apply to these nominees. For example, the residence qualification and the need to review non-Council housing option may be available to the nominee. The nominee must be able to accept the responsibility of managing a tenancy and be aged 16 or over. Children’s Services support during the initial stages of the tenancy is usually a pre-condition for acceptance by the Housing Services.
In the case of unaccompanied asylum seeking young people they must also fulfil the immigration status requirements to be eligible to access permanent housing. Currently these categories are – Refugee status, Exceptional Leave to Remain (ELR), Discretionary Leave to Remain (DLR), Indefinite Leave to Remain/ Enter (ILR/E), and Humanitarian Protection.
PROCEDURE
- The Social Worker will consult with their Team Manager to establish if he/she wishes to support an application to Locate.
- If this is the case a Care Leaver’s Nomination Form will be completed and submitted to the Housing Needs Assessment Team along with the housing application form and in the case of asylum seeking young people copies of their most recent Home Office papers.
- All care leavers’ nominations will be considered at a monthly meeting of the Care Leavers’ Nominations Panel.
- The Care Leavers’ Nominations Panel will consider if the application meets the Band ‘B’ Policy. The policy will apply to those care leavers who fall into the groups listed below. The Chair of the Care Leavers’ Nominations Panel will confirm the decision of the Panel in writing.
- Those nominations not identified as Band B will be banded appropriately.
- Any change in the housing situation of the applicant should be notified to the Care Leavers’ Nominations Panel. The nomination will be reviewed and confirmed only if the application remains consistent with the Care Leaver’s Nomination Policy.
CRITERIA FOR NOMINATION TO BAND ‘B’:
- Young people subject to Care Orders (where the local authority shares Parental Responsibility)
- Young people with moderate learning difficulties or disability or those who were subject to a statement of educational needs or a psychological assessment.
- Young people with significant mental health issues – (at Tier 3 or 4) who have had admission or have had involvement with CAMHS or CMHT for a period of three months or longer and are continuing to receive treatment from either CAMHS CMHT or another relevant agency.
- Young people with complex needs placed in high cost placements where they no longer require that degree of support and whose application has been approved by the Access to Resources Panel.
- Those young people with significant offending behaviour, which limits access to other types of suitable accommodation.
- Young people leaving care who are also parents and also meet one other criterion listed (e.g. they or their baby are especially vulnerable).
Appendix 3 - Higher Education Bursary Regulations - Frequently Asked Questions
Where can I see the Regulations?
The Regulations can be found on the Legislation Government website.
How are the Bursaries being funded?
Since April 2008, we have provided local authorities with the money to pay HE bursaries to care leavers through the Care Matters Grant which forms part of the Area Based Grant. The new regulations mean that local authorities must pay this bursary to young people who are eligible.
What about the timing of payments?
The regulations allow for payment dates to be fairly flexible - timings can be agreed between the young person and the local authority. If the student and local authority agree that the bursary should be paid in a lump sum, it must be paid by the end of the first term. Where they agree that the bursary is paid in instalments, the first instalment must be paid during the first term and the final instalment must be paid before the end of the course. Beyond that, the regulations are not prescriptive about payment timings.
Who is eligible?
Any care leaver (or 'former relevant child' to use the technical term) who started a course of higher education on or after September 2008 is eligible. We chose a date a year before the regulations came in to force as local authorities have had funding in their Area Based Grant since that financial year. Any care leaver who starts a course by their 25th birthday will be entitled to the bursary. The regulations set out when payments may be withdrawn or recovered, but we envisage recovery happening very rarely.
Are UASCs eligible?
If the young person is a former relevant child he or she is eligible for the bursary provided he or she is not Appeals Rights Exhausted. If this is the case the local authority should not treat a UASC any differently to any other former relevant child.
Can the bursary be linked to attendance rates at university?
No it can't. If the young person is a former relevant child and is following a course of higher education then s/he is eligible for the bursary. However, Regulation 4(5) says that "The local authority may withhold payment of any unpaid balance of the higher education bursary during any period when the former relevant child is not pursuing higher education in accordance with the pathway plan."
Can the local authority use the bursary to pay course fees or towards accommodation?
No. Local authorities cannot use the bursary to meet the costs of providing assistance that they have a duty to provide under section 23C of the Children Act 1989 in relation to education and training. The higher education bursary regulations require that eligible former relevant children are paid the bursary in cash. It will be for the young person themselves to decide how to spend the money.
What do we mean by higher education?
We are using the same definition of higher education as that described under section 22(1) of the Teaching and Higher Education Act 1998 and regulations made under that Act for the purpose of student support. The regulations that set out the courses covered can be found on the Office of Public Sector Information website.
Are care leavers involved in decisions relating to the bursary?
The regulations make it clear that the local authority must - as far as is reasonably possible - consult the young person and give due consideration to their wishes before making a decision about payment of the bursary.
What about the money that local authorities already pay to care leavers in higher education?
The £2,000 bursary is a minimum amount which is over and above any money and support that young people are entitled to under Section 23C(4) of the 1989 Children Act, or which local authorities already provide for care leavers who pursue a course of higher education. It must not be in place of existing support.
Will Department for Education be issuing further guidance?
Guidance on this duty will be included in the revised Children Act 1989 which is subject to consultation in autumn 2009.
Who do I contact if I have any more questions?
Please contact sarah.lewis@dcsf.gsi.gov.uk, or michael.allured@dcsf.gsi.gov.uk from the education and wellbeing team at the Department for Education.
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