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Contents

Definitions   

1. Leaving Care Assessment of Need 
2. Pathway Planning   
3. Reviews of Pathway Plans  
4. Personal Advisers   
5. Qualifying Young People
6. Where Care Leavers Live or Move Outside the Borough 
7. Where Care Leavers Move to the Borough 
8. Staying Put

Definitions

Normally the definitions relating to ‘Keywords’ are found by accessing the Keywords Appendix, but a number of the terms used in this procedure are specific to it; therefore they have also been summarised below. 

1. Eligible Young People
   They are aged 16 or 17, have been Looked After for a period or periods totaling at least 13 weeks starting after their 14th birthday and are still Looked After. (This total does not include a series of pre-planned short-term placements of up to four weeks where the child has returned to the parent.) There is a duty to support these young people up to the age of 18, wherever they are living. 
   
   The statutory definition and requirements to undertake a needs assessment, prepare a Pathway Plan, keep the Pathway Plan under review and appoint a Personal Adviser are now covered by Regulations 42, 43 and 44 of the Care Planning, Placement and Case Review Regulations 2010.
2. Relevant Young People
   They are aged 16 or 17 and are no longer Looked After, having previously been in the category of Eligible Young Person when Looked After. However, if after leaving the Looked After service, a young person returns home for a period of 6 months or more to be cared for by a parent and the return home has been formally agreed as successful, he or she will no longer be a “Relevant Young Person”. 
   
   A young person is also “Relevant” if, having been looked after for three months or more, he or she is then detained after their 16th birthday either in a hospital, remand centre, young offenders’ institution or secure training centre.  There is a duty to support Relevant Young People up to the age of 18, wherever they are living.
   
   The statutory definition and requirements to stay in touch with the young person, undertake a needs assessment (unless this was done when the young person was ‘Eligible’), prepare and keep the Pathway Plan under review, appoint a Personal Adviser (unless this was done when the young person was ‘Eligible’) and provide accommodation and assistance to meet his or her needs in relation to education, training or employment are now covered by Regulations 4 to 9 of the Care Leavers (England) Regulations 2010.
3. Former Relevant Young People
   They are aged 18 to 21 (or up to 24 if in full-time further or higher education), and have left the Looked After service having been previously either “Eligible”, “Relevant” or both.  There is a duty to consider the need to support these young people wherever they are living.
   
   The statutory definition and requirements to stay in touch with the young person, keep the Pathway Plan under review, continue the appointment of a Personal Adviser and provide financial assistance near where the young person is employed or seeking employment/to enable the young person to pursue education or training remain unchanged they are now covered by Regulations 4 to 9 of the Care Leavers (England) Regulations 2010. These duties continue until the young person becomes 21 or, where the Pathway Plan sets out a programme of education or training beyond 21, they continue so long as the young person pursues the programme. The duty to pay a higher education bursary also continues, as before.
   
   The duties of Local Authorities are extended in relation to Former Relevant Young People who inform the Local Authority of their wish to take up a programme of full time further or higher education after the age of 21 and under the age of 25. In relation to these young people, the Local authority has a duty to:
   • Appoint a Personal Adviser;
   • Carry out an assessment of the needs to determine what assistance (if any) it would be appropriate to provide;
   • Prepare a Pathway Plan;
   • Give assistance to the extent that the young person’s educational or training needs require it.  The kinds of assistance are: contributing to expenses incurred by the young person in living near the place where s/he is, or will be, receiving education or training; or making a grant to enable the young person to meet expenses connected with his education and training.
   The duties of the Local Authority subsist for as long as the young person pursues the  programme of education or training in accordance with the Pathway Plan, and  the Local Authority may disregard any interruption in the education/training if it is satisfied that the young person will resume it as soon as is reasonably practicable.
   
   In each case where a care leaver requests this support, the Local Authority will need to assess the appropriateness of the course and how it will help the young person to achieve his or her ambitions. The extent of the practical and financial assistance provided will reflect the type of course, whether full- or part-time, and the young person’s existing income.

4. Qualifying Young People They are over the age of 16 and under the age of 21, (or up to 24 if in full-time further or higher education), and have been Looked After or, if a Disabled Child, have been Privately Fostered after reaching 16, but do not qualify as Eligible, Relevant or Former Relevant.  They may receive support, advice and assistance wherever they are living. They may also Qualify if they are the subject of a Special Guardianship Order and were Looked After immediately before the Order was made.
   
   
5. Personal Adviser
   A Personal Adviser is the person appointed to work with every Looked After young person, on the young person’s 16th birthday, and will occupy a key role in providing support to the young person after he or she ceases to be Looked After. 
   
   The Personal Adviser will hold a pivotal role in the planning and review of services as set out in the Pathway Plan, and will co-ordinate with other agencies as necessary.
   
   The extent to which the Personal Adviser becomes the main source of advice and support to the young person will vary according to individual circumstances. 
   
   The Personal Adviser will be a member of the Leaving Care Team, and will have case responsibility for young people aged 16 and 17 who remain “looked after”.
   
   
6. Pathway Plan
   The Pathway Plan sets out the route to the future for young people leaving the Looked After service and will state how their needs will be met in their path to independence.  The plan will continue to be implemented and reviewed after they leave the Looked After Service at least until they are 21; and up to 24 if in education.

1. Leaving Care Assessment of Need

1. At the first Looked After Review when a Looked After Child reaches the age of 15, information must be provided about the leaving care service. This information should cover the purpose of the leaving care assessment of need and its parameters, the process of the assessment, the person who will co-ordinate it and the time scale for its completion;
2. The young person’s social worker, Independent Reviewing Officer and primary carer must make a decision regarding the timing of the commencement of the leaving care assessment of need. This decision should be determined by the young person’s maturity, their therapeutic needs and any potential change of placement and educational situation that may be imminent or is taking place;
3. The assessment of need should usually commence when the young person reaches the age of 15 and a half, and by no later than when the young person reaches the age of 15 and three quarters;
4. The social worker should complete a ‘leaving care commencement of service record’ when a young person reaches the age of 15 and a half and then forward this to the Leaving Care Team. This will act as the basis of the young person’s leaving care record held by the Leaving Care Team. It should set out the time scale for the young person’s assessment of need;
5. The young person’s social worker should commence the assessment of need by holding an informal meeting with the young person to explain the purpose of the leaving care service, the assessment process and the subsequent development of the young person’s Pathway Plan. By beginning the process of addressing leaving care issues early, it means that the assessment and preparation for independence can progress at a pace suitable to the young person; 
6. The social worker based in the LAC Team is responsible for coordinating and completing the leaving care assessment of need for young people aged 15 plus. The Personal Adviser based in the Leaving Care Team is responsible for coordinating and completing the leaving care needs assessment for young people aged 16 plus;
7. Where it is decided that it would not be appropriate to start the assessment of need at age 15 and a half, then a date must be set to commence the assessment.  This must be no later than age 15 and three quarters.  In these situations the Leaving Care Team must be informed of this decision, the reason and its likely impact on the young person’s assessment of need and subsequent Pathway Plan. The Leaving Care Team should be informed of these factors through the leaving care commencement of service form;
8. The assessment of need must be completed on, or immediately after, the young person’s 16th birthday at which point if they have been looked after for the prescribed 13 weeks they will become an Eligible Young Person. The assessment of need should be converted into the young person’s Pathway Plan immediately and, at the very latest, within 3 months of them becoming Eligible;
9. When the assessment of need of young people aged 15 is complete, it should be agreed by the young person and their social worker and authorised by the deputy manager in the LAC Team.  When the assessment of need of young people aged 16 plus is complete, it should be agreed by the young person and their Personal Adviser and authorised by a senior member of the Leaving Care Team;
10. When the assessment of need is completed and authorised, a meeting should take place within two weeks that involves the social worker (LAC Team), the Personal Adviser (Leaving Care Team) and the young person. The purpose of the meeting will be to convert the assessment of need into the young person’s Pathway Plan and act as part of the case transfer process;
11. Where a young person becomes Looked After immediately prior, or after their 16th birthday and it is anticipated that they will remain looked after for at least 13 weeks, the assessment of need will commence immediately.  Where the young person becomes looked after before the age of 15 and 9 months, the responsibility for the assessment rests with the LAC Team.  Where the young person becomes Looked After on or after the age of 15 and 9 months, the responsibility for the assessment rests with the Leaving Care Team. The assessment of need must be completed by the time the young person acquires their Eligible Young Person status at which point the assessment of need is converted into the Pathway Plan. This conversion must take place within 3 months of becoming Eligible;
12. Where a young person becomes Looked After immediately prior, or after their 16th birthday and it is anticipated that they will return home, but is subsequently unable to do so, the assessment of need will commence when they have been looked after for 13 weeks.  The assessment of need and the subsequent Pathway Plan must be completed within 3 months of the young person becoming Eligible.  The responsibility for the assessment of need rests with the Leaving Care Team;
13. The leaving care assessment of need record contained in Leaving Care Assessment of Need Guidance should be used for all leaving care assessments of need;
14. The views of the young person will be central to their assessment of need and should be included in each section.  The views of the social worker and other relevant people who have contributed to the assessment should also be included and any differences of opinion with the young person highlighted where this applies;
15. When deciding who needs to be involved in the assessment, the social worker/Personal Adviser should take account of the wishes of the young person, balancing the desirability of involvement against the risk of alienating the young person from the process;
16. Throughout the assessment it will be vital to take the views of the young person into consideration and respect their right to privacy, while at the same time balancing these with issues of confidentiality and the need to obtain an accurate picture of their needs and support available to them;
17. The assessment must be written in a style and language that is understandable to the young person and, where English is not their first language, translated. Where language and literacy may present difficulties the assessment should be provided in a medium that is readily understood and suits the young person;
18. Whole copies of the assessment will be made available (as a minimum) to the young person, their social worker and the young person’s Personal Adviser;
19. When completed, it will be important to provide elements, or whole copies of the assessment to parties who contributed to it.  This should be done in consultation with the young person and, bearing in mind confidentiality and providing information on a ‘need to know basis’;
20. The young person must be made aware of what they can do if they are unhappy with their assessment and how to resolve any disputes in regard to their assessment. The young person should be given information about the complaints procedure, accessing independent advocacy and children’s rights services (See Advocacy and Children’s Rights Service Procedure).

2. Pathway Planning

All young people will have a Pathway Plan in place within 3 months of becoming Eligible and, wherever possible, a ‘provisional’ Pathway Plan will be in place by the young person’s 16th birthday.

Pathway planning should run parallel to a young person’s Care Plan and ‘Looked After’ children planning, including any Personal Education Plan or Connexions Plan.  The Pathway Plan and the Care Plan will inform and complement each other.  By its nature the Pathway Plan is more adaptable and young person focused than the overall Care Plan.

The Pathway Plan must clearly identify the roles of each person who has a part to play in supporting the care leaver. 

The Pathway Plan should also include:

• The plan for the young person’s continuing education or training when he/she ceases  to be looked after - where the young person is no longer of statutory school age, the Pathway Plan may need to incorporate the goals and actions that were previously included in the PEP;
• How the Responsible Local Authority will assist the young person in obtaining employment or other purposeful activity or occupation, taking into account his/her aspirations, skills and educational potential;
• The financial support to be provided to enable the young person to meet accommodation and maintenance costs;  taking into account his/her financial capabilities and money-management capacity, along with strategies to develop skills in this area;
• The nature and level of contact and personal support to be provided, and by whom, to the young person;
• Details of the accommodation the young person is to occupy (including an assessment of its suitability in the light of the young person’s needs, and details of the considerations taken into account in assessing that suitability);
• Details of the arrangements made by the Responsible Local Authority to meet the young person’s needs in relation to his or her identity, with particular regard to their religious persuasion, racial origin and cultural and linguistic background.

The Pathway Plan must identify contingency arrangements that will come into effect to support the young person if, for whatever reason, the planned arrangements are not realised.

The Pathway Plan must be recorded in writing and a copy provided for the young person. The Personal Adviser/social worker will also hold a full copy of the Pathway Plan.  Separate component parts of the Pathway Plan may be provided to other key organisations and individuals involved in the Pathway Plan on ‘a need to know basis’. The Department’s policy on confidentiality must be observed. The young person’s views must be considered when deciding on the distribution of the pathway planning component parts.

3. Reviews of Pathway Plans

The Pathway Plan must be reviewed at least every 6 months, at the request of the young person or the Personal Adviser or, at the time of any significant change in the young person’s circumstances. Its purpose is to check that the goals and milestones are still right and that they are being met. All levels of support should be reviewed to ensure that they are adequate and delivered according to plan.

A Pathway Plan Review Report should be completed in relation to each Review and an agreed Action Plan should be completed.

If the Relevant Young Person or Former Relevant Young Person moves to ‘unregulated’ accommodation (i.e. accommodation that is not regulated/inspected by OFSTED), the Local Authority must:

1. Arrange a review 28 days (or as soon as practicable thereafter) from the time the accommodation is provided; and
2. Determine at what intervals (not exceeding six months) subsequent reviews will be carried out;
3. Reviews should be brought forward where there is an assessed risk that a crisis may develop in a young person’s life, for example:
   • Where a young person has been charged with an offence and there is a possibility of their being sentenced to custody, which will risk losing their accommodation;
   • Where a young person is at risk of being evicted from his or her accommodation or otherwise threatened with homelessness;
   • Where professionals are concerned about the parenting capacity of a ‘Relevant’ or ‘Former Relevant’ young person with there being a possibility that their own child may need to be the subject of a multi-agency safeguarding plan;
   • Where a young person requests a review.

Where a Relevant or Former Relevant Young Person enters custody, pathway planning must continue. The young person must be visited on a regular basis and it is good practice for the first visit to take place within ten working days. The role must not be fulfilled by a YOT worker. The Local Authority must liaise with the YOT or Probation Service to support the young person emotionally, practically and financially while in custody. A review of the Pathway Plan should be carried out at least a month before the young person’s release to give sufficient time to plan for his or her resettlement, including identifying suitable accommodation where the young person’s placement had to be given up or has been lost and identifying who will collect the young person and the sources of support after his or her release.

In the event of a Relevant or Former Relevant Young Person breaking off contact and/or not engaging with the agreed support and advice being offered, a review of the Pathway Plan may take place by telephone, e-mail or letter, if agreed in advance by the Chairperson and the Personal Adviser. In these circumstances the Personal Adviser will attempt to negotiate a revised plan that is acceptable to all parties. 

Where contact is lost, the emphasis of the Pathway Plan Review will switch to record how attempts will be made to re-establish contact and these efforts will be reviewed within the established system. 

Where a Pathway Plan is amended as a result of a review, the Personal Adviser will amend the Plan. Any necessary approval to the amended financial arrangements will be sought from the Designated Manager (Leaving Care). Once the changes are approved, the Personal Adviser will send a copy of the amended Plan to the young person, the Chairperson and the Designated Manager.

4. Personal Advisers

The Personal Adviser will be a member of the Leaving Care Team, and will have case responsibility for young people aged 16 and 17 who remain Looked After. The Personal Adviser acts as the young person’s principal source of contact in any matter relating to the Pathway Plan and is accountable for the effective implementation of the Plan. 

The Personal Adviser will ensure the co-ordination of other agencies and individuals identified in the Pathway Plan. 

It is the role of the Personal Adviser to keep in touch with the young person and to remain informed as to the young person’s progress. The Personal Adviser must maintain a written record of their contacts with the young person, monitoring the effectiveness of services in preparing the young person for a time when they will move to greater independence or when they cease to be looked after.

The Personal Adviser will take responsibility for initiating the review of the Pathway Plan and for recording its outcomes.

When allocating a Personal Adviser to an individual young person, consideration must be given to the wishes of the young person and to issues of gender, race, religion, linguistics, disabilities and equal opportunities. The assessment of need and a judgement as to who is most appropriate to fulfil the role of Personal Adviser will influence the choice and allocation of worker.

5. Qualifying Young People

Services for Qualifying Young People will be determined by an assessment of need. 

For those qualifying young people who have had ongoing contact with the Leaving Care Team, the assessment of need will be undertaken by a member of that Team. 

For other Qualifying Young People, the Referral and Assessment Team will undertake the assessment in conjunction with the Leaving Care Team.  Both assessments will be undertaken within the Assessment Framework.  See Leaving Care Assessment of Need Guidance.

6. Where Care Leavers Live or Move Outside the Borough

Where a care leaver resides outside of the London Borough of Enfield, the authority will seek to ensure that a service is provided that is commensurate with the service which he or she would receive if he or she had remained resident in Enfield.

Whenever possible, plans for movement of care leavers outside Enfield must be discussed and the level of service provision agreed by Enfield and the host authority concerned prior to the move taking place.

All care leavers should be advised on how to access care leavers’ services if they move outside Enfield and need assistance.  The advice provided should be in written form.

With young people leaving Enfield to move to other authorities, a discussion and joint meeting between the respective Leaving Care Teams must be arranged.

7. Where Care Leavers Move to the Borough

Where a young person presents to Enfield as a care leaver from another authority, the assessment of that young person’s needs will be made by the Referral and Assessment Team and any emergency financial assistance will be provided through Section 17 of the Children Act 1989 and a referral made to the Leaving Care Team to manage the transitional arrangements.

8.Staying Put

Under the Care Leavers (England) Regulations 2010 and Planning Transition into Adulthood for Care Leavers Guidance, the Local Authority must provide information about extending placements post-18, covering:

• The criteria for such extensions;
• How extending placements will impact on the allowances provided by the Local Authority and whether other funding, e.g. funding for housing related support, will contribute to meeting placement costs;
• Any financial contributions from the young person from their wages, salary, benefits or educational allowances;
• How the income tax, national insurance and welfare benefits situation of carers may be affected by post-18 payments;
• Insurance issues including liability and household;
• The impact on foster carers’ fostering registration limits and status;
• Safeguarding arrangements including CRB checks on over 18 year olds and issues relating to fostered children in households.

Young People in Residential Care

Young people may also ‘stay put’ in children’s homes or other residential settings, although they are unlikely to be able to remain beyond the age of 18, unless there is a designated move-on accommodation linked to the residential care setting.

Young People in Foster Care

For a young person living in foster care, the first Looked After Review following his or her 16th birthday should consider whether a Staying Put placement should be an option. This will entail assessing the implications for both the young person and the foster carer.

Following the young person’s 18th birthday, the legal basis on which they occupy the property (former foster home) changes (the legal term is that the young person becomes an ‘excluded licensee’ lodging in the home) – this should not denote that the young person will be treated differently than they were as a fostered child.

Procedures should be agreed at the outset about how any wish by the carer to bring the arrangements to an end should be managed.

While Fostering Regulations will no longer legally apply to these arrangements, key standards should continue to govern the expectations of the placement when the young person reaches 18.  These may be:

• Yearly reviews of the carer(s);
• Reassessment and re-registration every 3 years;
• New CRB checks every 3 years on all adult members of the household, regular visitors and children of the carers aged 16 and over;
• Health and safety checks;
• Regular supervision from the social worker;
• Attending required training.

The Local Authority will need to assess individual circumstances and consider the appropriateness of all of these checks particularly where the young person is the only person placed/living with their carer/s and it is not envisaged that further children will be placed.

End