Leaving Care and Transition

North Tyneside Council have in place a dedicated Leaving Care Team and children's social care workforce whose primary role is to fulfil the Local Authority's responsibility as corporate parents to young people preparing to leave care and care leavers in line with the Children and Social Work Act 2017.

The Children and Social Work Act 2017 introduced 3 provisions:

1. A duty on local authorities which requires them to offer Personal Adviser support to all care experienced young people towards whom the local authority had duties under section 23C of the Children Act 1989, up to age 25 - irrespective of whether they are engaged in education or training. This includes care experienced young people who return to the local authority at any point after the age of 21 up to age 25 and request such support. (Under previous legislation, local authorities were required to only provide care experienced young people with support from a Personal Adviser until they reached age 21, with that support continuing up to age 25 and request such support. All care experienced young people in North Tyneside have advice and support from dedicated personal advisors;
2. A duty on local authorities to consult on and then publish their 'local offer' for care experienced young people, which sets out their legal entitlements and the additional discretionary support that the local authority provides; this is available on North Tyneside Council website;
3. A duty on local authorities which requires them to have regard to seven 'corporate parenting principles', that will guide the way in which the local authority provides its services to children in care and care experienced young people. These are included in the local offer to care experienced young people in North Tyneside.

The ultimate aim of leaving care services is to support care experienced young people so that they can live successful and happy adult lives. Each care experienced young person will reach that point at a different age and there should be no assumption that the duty means that all care experienced young people will require statutory support until the age of 25, this is reviewed through the pathway planning process.

Care leavers will receive the practical, emotional and financial support they need until they are at least 21 and, when necessary, until they are 25.

The Corporate Parenting Principles apply only to local authorities. Directors of Children's Services and Lead Members for Children should nevertheless ensure that relevant partners understand how they can assist local authorities and apply the principles in relation to the services those partners may provide. 'Relevant Partners' include local policing bodies and Chief Officers of Police, local probation trusts and the National Probation Service, youth offending service, Integrated Care Boards, NHS England, schools and educational institutions.

See also North Tyneside Council Local Offer.

All local authorities must publish up-to-date information about the services it offers for care leavers and other services which may assist care leavers in, or preparing for, adulthood and independent living. The local offer should cover health and well-being, relationships, education and training; employment, accommodation, participation in society. This information should also include how relevant services that can be accessed by its partner agencies and include District Councils where relevant.

Care leavers should be aware of and understand the local offer, which should be ambitious, clear and accessible. It should take account of the corporate parenting principles as set out above, set out how the local authority is delivering on young people's statutory entitlements and be clear about what further discretionary support the local authority offers. The local offer should be clear about the help provided to young people with specific needs, such as unaccompanied asylum-seeking children, young parents and young people who have had contact with the criminal justice system.

The local authority should consult care leavers effectively on the local offer, and monitor how effective the local offer is at providing good experiences for young people and helping them to make progress. The local authority should review and update the offer regularly to ensure that it continues to meet young people’s needs.

Children’s services should work closely with other local authority departments and local partners to develop a multi-agency offer for care leavers that supports their overall well-being. The corporate parenting board should take ownership of the offer and monitor its effectiveness.

All young people - Eligible, Relevant or Former Relevant - must receive a multi-agency assessment of their needs as to the advice, assistance and support they will need when leaving care. In North Tyneside this is a pathway plan needs assessment. 

The young person's social worker is responsible for coordinating the needs assessment.

This assessment should be completed no more than 3 months after the young person's 16th birthday or after the young person becomes Eligible or Relevant if this is later. The timetable must take account of any forthcoming exams or significant life events and avoid disrupting the young person's preparation for them.

The young person must be invited to any meetings held in connection with the assessment. Young people with particular language or communication needs should be provided throughout the process with appropriate interpretation, translation or advocacy support.

Where the young person refuses to engage in the assessment process, this should be recorded, together with any actions taken to ascertain the young person's views.

The Needs Assessment should take account of the views of the following:

1. The young person;
2. The parents;
3. The current carer;
4. The school/college and the education service;
5. Any Independent Visitor;
6. Any person providing health care or treatment for the young person;
7. The Personal Adviser;
8. Any other relevant person including, in the case of a young person with special needs, a representative from Adult Services;
9. A young person’s needs in relation to their status as a victim of trafficking or an unaccompanied asylum seeking child must be considered when the local authority is preparing an assessment of needs. Also, to require that, where a child is a victim of trafficking or an unaccompanied asylum seeking child, the local authority must consider whether their related needs are being met when reviewing the child's pathway plan (see amended Care Leavers (England) Regulations 2010).

A decision not to include significant people must be recorded in the young person's file.

When completed and authorised by the social workers manager the young person should be provided with a copy in a format that is accessible to him or her within 2 weeks. The social worker is responsible for ensuring that the outcome of the assessment is explained to the young person.

The Needs Assessment will inform the development of a Pathway Plan which will be based on and include the young person's Care Plan.

Where the young person continues to be in local authority care, the Placement Plan/Placement Information Record should describe what arrangements have been made within the care arrangement placement to support the Pathway Plan.

When carrying out an assessment of needs, the local authority must determine whether it would be appropriate to provide advice, assistance and support to facilitate a Staying Put arrangement. Where they determine that it would be appropriate, and where the child and the local authority foster parent wish to make a Staying Put arrangement, then the local authority must provide such advice, assistance and support to facilitate a Staying Put arrangement. For further information, see the Staying Put Procedure.

Although each young person will be different, it would be expected that support for care experienced young people will taper away over time, in recognition of their growing maturity and independence:

• For young people aged 16 and 17, the local authority is under a duty to provide accommodation and/or care. This does not apply once the young person reaches age 18;
• For care experienced young people aged 18 and up to 25, there is a proactive duty on the local authority to keep in touch with them (section 23C(2) of the Children Act 1989 Act). This does not apply to care leavers aged 21 or over, irrespective of whether those young people are already entitled to support because they are in education or training, or those who are covered by the new duty. In North Tyneside all care experienced young people benefit from personal advisors who maintains contact with them at intervals of no less than 6 monthly.

All young people will have a Pathway Plan in place within 3 months of becoming Eligible.

Each young person will be central to drawing up their own Pathway Plan setting the goals and identifying how the local authority will help meet them. It should be written in a way that meets the needs of the young person, capturing their aspirations and key messages. Young people with particular language or communication needs should be provided throughout the process with appropriate interpretation, translation or advocacy support.

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

The Pathway Plan should also include:

• The plan for the young person's continuing education or training when they cease 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 their aspirations, skills and educational potential to improve their chance of employability;
• Any financial support to be provided to enable the young person to meet accommodation and maintenance costs; taking into account their 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 provided to the young person;
• Details of the arrangements made by the Responsible Local Authority to meet the young person's needs in relation to their identity, with particular regard to their religious persuasion, racial origin and cultural and linguistic background.

The Pathway Plan must address in particular:

• The young person's health and development building on the information included in the young person's Health Care Plan;
• Education, training and employment. The Personal Education Plan (PEP) should continue to be maintained while the young person continues to receive full or part-time education. Information within the PEP will feed directly into the Pathway Plan. Pathway Plans must have an explicit focus on career planning, taking into account the young person's aspirations, skills, and educational potential;
• The young person's network from an integral part of their pathway plan and should be included so far as the young person wishes them to be;
• The young person's ability to manage money;
• Where relevant, immigration status should be included as a separate section on Pathway Plans. This will help to ensure that young people who have been granted Pre Settled Status under the EU Settlement Scheme apply to convert this to Settled Status at the appropriate time. Each young person’s personal deadline for converting Pre Settled into Settled Status is unique to them and contained in a digital format – it is important therefore that this is recorded and monitored by the local authority. Plans should contain clear information about what action needs to be taken by whom and when.

The Pathway Plan must identify risks to the success of the plan or the outcomes for the young person and 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 local authority should have a flexible approach to supporting young people; it should be borne in mind that it has a duty to accept young people aged 16 and 17 years back in to care if a young person's decision to move into semi-independent accommodation, leave care or decline leaving care services is then identified as premature.

Where a transfer from Children's to Adult Services will be required, the Plan should specify who has responsibility for giving notice to Adult Services and liaising with them to ensure a smooth transition.

The Designated Manager (Leaving Care) should approve and sign the Pathway Plan.

On completion and approval of the Pathway Plan, all parties involved including the young person should sign it.

The young person will be provided with a copy of the most up to date Pathway Plan and the contents must be explained.

Where agencies are contributing to the delivery of an individual young person's Pathway Plan they should be provided with a copy of the plan.

Information from the Pathway Plan should not be shared with other agencies or individuals without the young person's consent.

The Pathway Plan must be reviewed at least every 6 months.

Reviews should take place more often if requested by the young person or the Personal Adviser or where there has been a significant change in the young person's circumstances.

The purpose of the review 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.

The first review of a Pathway Plan will coincide with the review of the care plan held previously.

Whilst the young person is Eligible their Independent Reviewing Officer will chair reviews or support the young person to chair.

Otherwise, the Team Manager of the Leaving Care Service or their nominee will chair the Pathway Plan reviews or support the young person to chair.

In all cases, the Team Manager of the Leaving Care Service will retain a monitoring role, at six monthly intervals, to check the progress of the Pathway Plan.

The young person's expenses (travelling and subsistence) in attending the review will be met by the local authority.

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.

For those aged 21 and up to 25 the frequency of contact between Personal Advisers and young people will vary depending on the nature of each individual's circumstances.

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.

Matters to which the Local Authority is to have regard in determining suitability of accommodation (under Schedule 2 to the Care Leavers Regulations 2010 and Schedule 6 of the Care Planning, Placement and Case Review Regulations 2010):

1. In respect of the accommodation:
   1. The facilities and services provided;
   2. The state of repair;
   3. The safety;
   4. The location;
   5. The support;
   6. The tenancy status; and
   7. The financial commitments involved for the relevant young person and their affordability.
2. In respect of the Relevant young person:
   1. Their views about the accommodation;
   2. Their understanding of their rights and responsibilities in relation to the accommodation; and
   3. Their understanding of funding arrangements.

It is good practice for a review to be held within 28 days of any change in the young person’s accommodation.

A Staying Put arrangement is where a young person who has been living in foster care remains in the former foster home after the age of 18. For a young person living in foster care, the first Looked After Review following their 16th birthday should consider whether a Staying Put arrangement should be an option.

Bed and Breakfast and/or temporary Accommodation is not considered as suitable accommodation other than in exceptional circumstances. The provision of such accommodation will be for a short a period as possible and the Personal Advisor will maintain regular contact with the young person.

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 National 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 care arrangement had to be given up or has been lost and identifying who will collect the young person and the sources of support after their release.

The local offer to care experienced young people is published on the Local Authority website and this provides information on entitlements for young people moving into independence.

Disabled young people may well face more barriers than other young people who are being cared for or leaving care and may also have needs specifically related to their disability. It is essential to ensure that these needs are met when preparing these young people for leaving care and subsequently, providing after care.

At the same time, care must be taken to ensure these young people do not fail to achieve their full potential as a result of low expectations on the part of those caring for them.

It is important to note that the needs of young people with disabilities will not cease when they leave care and it is essential to ensure a smooth transition from Children's to Adult's Services.

Young people with disabilities who are preparing to leave care should, as with all care experienced young people be included in consultation around the planning and delivery of care leaving services. They should participate fully and be involved in making choices in the same way as non - disabled care leavers.

Many young people leaving care have been known to be assessed as having a mild to moderate learning disability. This often becomes magnified when the young person attempts to live independently without the support of foster carers, supported lodgings carers or supported housing providers.

Care leavers should have somewhere secure and stable to live that best meets their needs, where they feel safe and where they can develop their independence skills.

Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG) sets out the commitments, as corporate parents, local authorities should develop to commission and maintain accommodation for care experienced young people and how these, through their joint protocols, should be delivered in practice. The Guidance acknowledges the range of help and support care experienced young people require through a variety of circumstances, together with the duty local authorities have to prevent homelessness. The Guidance also reflects the importance of including the young person's views and feelings together with those who are involved with them.

Local authorities should develop protocols as to how a degree of flexibility and choice could be provided within residency criteria for housing authority allocation schemes. This could include children in care moving to supported accommodation and care experienced young people with opportunities to::

• Register for social housing with the housing authority of their choice in a two-tier area;
• Register from out of area placements should they wish to return; landlords are engaged and supported to offer accommodation to care leavers;
• Register for social housing in an area where they have been cared for and have lived for some time.

Where private tenancies are offered, facilities should be considered where: there is access rent in advance / deposit schemes managed by housing authorities or commissioned providers; there are arrangements for ensuring accommodation is suitable for the young person, as set out in DfE and MHCLG guidance, (where placed under homelessness duties); the local authority will mitigate against the impact of a change in benefit entitlement once a young person reaches the age of 22 [1]; landlords are engaged, trained and supported to offer accommodation to care experienced young people, etc. (see Joint Housing Protocols for Care Leavers: good practice advice, Section 2.9 Move on accommodation (DfE and MHCLG)).

For care experienced young people aged 21 or over the duty to assess needs, and develop and keep under review a pathway plan - apply only where the young person requests support. It is therefore important that joint housing protocols cover the support available from a local authority area to care experienced young people up to the age of 25.

Risks of tenancy breakdown or homelessness should be identified and addressed early; alternative plans and support should be put in place promptly when necessary and reasonable efforts made to avoid young people being deemed intentionally homeless. Although 'unintentional homelessness' is a cornerstone for housing authorities with regard to the prevention and relief of homelessness, the Homelessness code of guidance (section 22.17) states that local authorities should do all they can to avoid the impact of intentionally homeless decisions on care experienced young people; and through joint working between housing and children's services, give full consideration to the needs and vulnerabilities of the young person. This would include taking into account the young person's emotional and mental well-being, maturity and general ability to understand the impact of their actions. A young person should have a 'Personalised Housing Plan' [2], (which could be included into their Pathway Plan), if there is a threat of, or actual homelessness, which sets out the steps the local authority and applicant will take to prevent, or relieve, a homeless situation.

It is particularly important to have strong contingency plans in place for care experienced young people who are identified as being at risk of homelessness. This would include care experienced young people with a history of different care arrangements, and/or those with additional needs such as mental health issues, learning disability, attachment disorder, substance misuse and experience of offending behaviour.

Protocols should also set out the process to be followed in order to:

• Enable an appeal where a care experienced young person is not satisfied that the accommodation being provided is suitable;
• Establish ways of resolving disputes, both within and between authorities.

_{(1) The Shared Accommodation Rate (SAR) limits the level of housing costs available to care leavers through housing benefit or universal credit to the cost of a room in a shared house. Care leavers are exempt from SAR until they reach the age of 22. From October 2023, the SAR exemption for care leavers will be extended to 25 years as announced in the Budget of February 2020 (from Joint Housing Protocols for Care Leavers: good practice advice, Section 2.9 Move on accommodation (DfE and MHCLG)).
(2) Th}e Homelessness Reduction Act 2017.

Note: Bed and Breakfast Accommodation (B&B) is not considered as suitable accommodation other than in exceptional circumstances. On such occasions:

• The placement should be limited to two working days;
• The Local Authority provides appropriate supervision and contact with the young person; [1]
• Local areas that use B&Bs should include a statement on how its use will be minimised, and outline how care leavers will be supported and kept safe during a B&B placement. [2]

_{(1) 7.12, DfE The Children Act 1989 Guidance and Regulations - Volume 3: Planning Transition to Adulthood for Care Leavers;
(2) Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG).}

_{Houses in multiple occupation should only be used when it is a young person’s choice and it is in their best interests.}

Care leavers should have enough time to develop a trusting relationship with their Personal Adviser before they leave care. Personal Advisers should know young people well and be well-informed about young people’s plans for the future, their progress and their well-being.

Personal advisers should help young people to access services that meet their needs.

In North Tyneside the child's social worker contacts the leaving care team when the child is 17 and a Personal Advisor is appointed to begin to form a relationship with the child and aid a smooth transition into leaving care service. Post 18 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. All children in care in North Tyneside are made aware of their entitlement to a Personal Adviser up to age 25.

The Personal Adviser role in North Tyneside is considered a continuation of the relationship based work we undertake, and therefore every care experienced young person with a pathway plan has a named Personal Advisor.

The Personal Adviser should be someone who is best able to engage with the young person and motivate them to take up, and best make use of, the services that are available and provided.

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 judgment as to who is most appropriate to fulfil the role of Personal Adviser will influence the choice and allocation of worker.

When a care experienced young person moves to new accommodation, the Personal Adviser must make arrangements to see them at that accommodation within 7 days of the move subject to the young person's agreement.

Effective organisational support is provided for the training and professional development of Personal Advisers.

On each visit to the young person's home, the Personal Adviser must consider whether the accommodation continues to be suitable for the young person.

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 their future.

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

Care experienced young people between the age of 21 and under 25 who, following a discussion with their Personal Adviser, wish to continue to receive support, or those who return later during this period, will where possible and requested will be supported to resume support from the Personal Adviser previously responsible for their leaving care support.

Depending on the level of their needs, the Personal Adviser's role is expected to reduce over time and become focussed on specific issues with an emphasis on enabling the young adult to take increasingly more responsibility - signposting them to other agencies for information and guidance, including further education and training.

Personal Advisers should apply professional judgement when deciding what level of needs assessment is appropriate.

Where a North Tyneside care experienced young person resides in a different local authority area, North Tyneside leaving care service retains responsibility for all aspects of the pathway planning and support.

Care leavers who live away from their ‘home’ local authority should have access to education and health services that meet their needs as soon as they move outside of their ‘home’ area.

Arrangements for young people to stay connected to their ‘home’ local authority should address any relevant safeguarding risks.

Care leavers should be aware that they are entitled to see their records, be able to access their case records quickly and easily and be supported to do this. Their records should be clear and provide a comprehensive record of important life events. The local authority should help young people to understand their histories and experiences, including why they were in care, and to have a clear sense of who they are.

Over the age of 18 all care experienced young people will be advised of their right to access their records and will be supported by their personal advisor in reading the files and with the emotional impact of this if they wish to do so.