Leaving Care and Transition

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 leavers 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 leavers 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 leavers with support from a Personal Adviser until they reached age 21, with that support continuing up to age 25 if a care leaver was engaged in education or training. However, this support was not available to care leavers aged over 21 who were not in education, training or employment);
2. A duty on local authorities to consult on and then publish their 'local offer' for care leavers, which sets out both care leavers' legal entitlements and the additional discretionary support that the local authority provides; and
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 leavers.

These are specific requirements in addition to the existing provisions relating to support for care leavers. The Children and Social Work Act does not extend all care leaver support to age 25.

The duty that extends Personal Adviser support (where requested) to all care leavers means that the local authority continues to exercise functions in respect of care leavers to age 25 and should therefore apply the corporate parenting principles when exercising those functions.

The ultimate aim of leaving care services is to support care leavers so that they can experience a smooth transition and go on to live successful independent lives. Each care leaver will reach that point at a different age and there should be no assumption that the duty means that all care leavers will require statutory support until the age of 25. Children are supported to prepare for their future and develop their independence in line with their individual needs, while protecting themselves from being in unsafe situations or with unsafe people.

The duty therefore means that local authorities do not necessarily need to provide the same level of support to care leavers aged 21 to 25 as it does for those aged 18-20. The duty does however enable local authorities to respond positively to requests for support from care leavers aged 21-25 who may be continuing to struggle with the transition to independence and adult life. 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.

Preparation for Independence

Care leavers should leave care and move towards independence at a time and pace that is right for them. Young people are encouraged to remain in care until their 18th birthday, when this is in their best interests. After their 18th birthday, they are supported to live with or close to the people who are important to them, such as previous carers or their immediate or extended family. Positive and loving relationships and social networks established while they were in care should be helped to endure into adulthood.

Care leavers will be helped to develop the skills and confidence they need to become independent and successful adults, for example being able to manage their finances and parenting skills.

They will be provided with all the key documents they need to give them control over their lives as young adults, such as national insurance numbers, birth certificates and passports; and the resources and financial support they need to engage with education, employment and training and to connect with people who are important to them. For example, devices to get online, reliable and affordable internet access and affordable transportation.

Making Good Decisions for Care Leavers

The wishes and feelings of care leavers should be set out clearly in timely and authoritative assessments. Planning for leaving care should start sufficiently early to meet young people’s needs and build on existing care and personal education plans. Young people should be actively involved in creating plans for their future and their views are central to decisions about their lives.

Decisions about care leavers should consider any needs related to their specific circumstances, including whether they are an unaccompanied asylum seeker, a young parent or have had contact with the criminal justice system.

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

Eligible Young People

They are aged 16 or 17, have been Looked After for a period or periods totalling at least 13 weeks starting after their 14th birthday and ending at least one day after their 16th birthday, and are still in care. (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 covered by Regulations 42, 43 and 44 of the Care Planning, Placement and Case Review (England) Regulations 2010.

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 in care (that is, they have been Looked After for a period, or periods, totalling at least 13 weeks starting after their 14th birthday and ending at least one day after their 16th birthday). However, if after leaving care, 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, they will no longer be a "Relevant Young Person".

A young person is also "Relevant" if, having been in care for three months or more, they are 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 their needs in relation to education, training or employment are covered by Regulations 4 to 9 of the Care Leavers (England) Regulations 2010.

A Young Person Discharged from Being Looked After

Any decision to cease looking after a child aged 16 or 17 who is Looked After other than by virtue of a Care Order, must be approved by the Director of Children's Services. The Director must be satisfied that:

• The child's wishes and feelings have been ascertained and given due consideration;
• The child's Independent Reviewing Officer has been consulted;
• The child's relatives have been consulted, where appropriate.

Former Relevant Young People

They are aged 18 or above and have left care 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 are covered by Regulations 4 to 9 of the Care Leavers (England) Regulations 2010.

If the Former Relevant child pursues higher education in accordance with their Care Plan, there is a duty to pay a higher education bursary.

To the extent that the Former Relevant child's welfare requires it, 'other assistance' must be provided which may be in kind or, in exceptional circumstances, in cash.

These duties continue until the former relevant child reaches 21 or, where the child's pathway plan sets out a programme of education or training which extends beyond their 21st birthday, they continue for so long as the child pursues that programme.

Former Relevant Young People

They are aged 18 or above and have left care 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 are covered by Regulations 4 to 9 of the Care Leavers (England) Regulations 2010.

If the Former Relevant child pursues higher education in accordance with their Care Plan, there is a duty to pay a higher education bursary.

To the extent that the Former Relevant child's welfare requires it, 'other assistance' must be provided which may be in kind or, in exceptional circumstances, in cash.

These duties continue until the former relevant child reaches 21 or, where the child's pathway plan sets out a programme of education or training which extends beyond their 21st birthday, they continue for so long as the child pursues that programme.

Former Relevant Children Pursuing Further Education or Training

Specific duties are placed upon the local authority in respect of Former Relevant children who inform the local authority that they are pursuing, or intend to pursue, a programme of education or training. The local authority must:

• Carry out an assessment of the needs of the Former Relevant child with a view to determining what assistance (if any) it would be appropriate for the local authority to provide;
• Prepare a pathway plan;
• To the extent that the Former Relevant child's educational or training needs require it, provide financial assistance by:
  • Contributing to living expenses; or
  • Making a grant to meet expenses connected with the education and training.

These duties continue up to the Former Relevant child's 25th birthday.

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 their 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.

Qualifying Young People

They are aged 16 and over and under the age of 21, and:

• Subject to a Special Guardianship Order (or were when they reached 18) and were looked after immediately before the making of that Order;
• At any time after 16 (but whilst still a child), were (but no longer are) looked after, accommodated or fostered.

'Looked after accommodated or fostered' includes:

• Looked After by a local authority;
• Accommodated by or on behalf of a voluntary organisation;
• Accommodated in a private children's home;
• Accommodated for a consecutive period of at least 3 months (including even before the child was 16) by a Health Authority, ICB or Local Authority (providing education), in:
  • A care home;
  • Independent hospital;
  • National Health Service trust or Foundation Trust.
• Privately Fostered - but do not qualify as Eligible, Relevant or Former Relevant.

Where a local authority looked after, accommodated or fostered a young person, and they are deemed as Qualifying for advice and assistance, the local authority has a duty to take reasonable steps to contact them with a view to advising and assisting them.

This includes financial assistance in relation to expenses incurred in living near the place where the young person is, will be, or is seeking work or where they will be receiving education or training; or where the person is in full time further or higher education, is under the age of 25 and qualifies for advice and assistance, or would have done if they were under 21, assistance in relation to securing vacation accommodation (see Section 12, Qualifying Young People).

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.

 (Customer to provide Link or description of their Local Offer) 

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.

The young person's social worker will be 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 and avoid disrupting the young person's preparation for them.

The young person's Care Plan together with information from the most recent Assessment will form the basis of the Needs Assessment.

The young person's social worker will be responsible for recording the assessment information and conclusions as well as the outcome of any meetings held. The young person must be invited to any meetings held in connection with the assessment.

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 care leaver'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.

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.

All parties, including the social worker's manager, should sign the completed Needs Assessment Record. The young person should be provided with a copy in a format that is accessible to them 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 Looked After, the Placement Plan/Placement Information Record should describe what arrangements have been made within the 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.

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

The Pathway Plan will be based on and include a young person's Care Plan and any Personal Education Plan or Careers advice service will inform and complement the Pathway Plan.

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, including any services being provided in respect of the young person's disability or needs arising from being in custody or as a result of entering the country as an unaccompanied asylum seeker. 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 care leaver.

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;
• The 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 the young person is to occupy (including an assessment of its suitability in the light of the young person's needs, recording 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 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;
• Contact with the young person's parents, wider family including siblings and friends and the capacity of this network to encourage the young person and enable them to make a positive transition to adulthood;
• The young person's financial capabilities and money management capacity, along with strategies to develop the young person's skills in this area;
• 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 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.

A Financial Summary should be attached to the Plan, at the latest from the point where the young person leaves care.

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.

A copy of the Financial Summary should be forwarded to the Finance Section who will process the necessary weekly payments.

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 relevant extract from the Plan relating to their contribution.

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 for care leavers up to age 21. Thereafter, until the care leaver reaches the age of 25, the issues that have arisen which affect the care leaver will dictate how often Pathway Plans will need to be reviewed and updated. However, as a minimum this should be at least every six 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.

For an Eligible Young Person, the date for the first review of the Pathway Plan will be set to coincide with the young person's next Looked After Review after the Pathway Plan has been drawn up.

For a Relevant Young Person, the date for the first review will, if possible, be set at the last Looked After Review before the young person ceases to be looked after and in any case within six months of becoming a relevant young person.

For a Former Relevant Young Person, the date for the first review will take place within six months of the young person's 18th birthday.

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.

The review immediately prior to the young person's 18th birthday will agree how future reviews will be conducted, including whether they will involve face to face meetings, and this will be recorded by the Chairperson. In all cases, even when no formal review meetings are held, 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.

Other participants at reviews should include the young person, Personal Adviser, the social worker (if the case is still allocated) and any other significant person.

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

If the Relevant Young Person or Former Relevant Young Person moves to supported accommodation, 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 3 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 their 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.

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.

See also: Placements in Other Arrangements Procedure.

It is good practice for a review to be held within 28 days of any change in the care leaver's accommodation.

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 their resettlement, including identifying suitable accommodation where the young person's placement had to be given up or has been lost.

There should be a joint housing protocol which maps out how the local housing authority will work with children's social care; the youth secure estate; prisons; the National Probation Service; Youth Offending Services and other interested agencies that may be involved with a young person, to support the release of children from custody and secure accommodation and ensure that adequate pre-release planning is in place and that suitable accommodation forms a central part of this. This should include details such as identifying who will collect the young person and the sources of support after their release.

See: Joint Housing Protocols for Care Leavers: good practice advice, Section 2.6 Care leavers leaving custody (DfE and MHCLG).

 (Customer to advise of local protocol).

See also: Youth Justice Accommodation Pathway (St. Basils).

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 (see Section 9.1, Keeping in Touch).

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 care leavers will vary depending on the nature of each individual's circumstances (see Section 6.1, Pathway Planning for those Aged 21 and up to 25).

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.

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 leavers and how these, through their joint protocols, should be delivered in practice. The Guidance acknowledges the range of help and support care leavers 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 providing looked after care leavers and care leavers:

• Are able to register for social housing with the housing authority of their choice in a two-tier area;
• Are able to register from out of area placements should they wish to return; landlords are engaged and supported to offer accommodation to care leavers;
• Can be registered for social housing in an area where they have been placed 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 leavers, etc. (see Joint Housing Protocols for Care Leavers: good practice advice, Section 2.9 Move on accommodation (DfE and MHCLG)  ).

 (Customer to add local protocol for arrangements and support to moving young people to independence) 

For care leavers 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 leavers 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 leavers; 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 leavers who are identified as being at risk of homelessness. This would include care leavers with a history of placement breakdown, 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 leaver is not satisfied that the accommodation being provided is suitable;
• Establish ways of resolving disputes, both within and between authorities.

 (Customer to advise of local housing Appeal and Dispute resolution protocols) 

_{[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] The 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. 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 (see also Section 9.1, Keeping in Touch). All care leavers (including those who live out of authority) should be made aware of their entitlement to a Personal Adviser up to age 25.

The Personal Adviser will ensure the co-ordination of other agencies and individuals identified in the Pathway Plan and 'act as a focal point' to make sure the young person has access to the appropriate services, including those provisions to enable them to develop some financial management capability.

The Personal Adviser is seen as a 'function' rather than a specific person and the local authority should consider delegating it wholly or partially to the best person able to carry out the role out (see Part 3, Regulation 8 of The Care Leavers (England) Regulations 2010).

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.

It would be good practice where possible and appropriate for the Personal Adviser to maintain the same person from 18 years from when they were an Eligible or Relevant child. However, this will not always be possible, although the Personal Adviser should have the necessary skills and experience to carry out the function. The transfer of the role should be undertaken in a planned and managed way.

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.

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

When a care leaver moves to new accommodation, the Personal Adviser must see them at that accommodation within 7 days of the move.

On each visit, 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 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.

Care leavers 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 have an entitlement to resume support from a 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.

In all cases where support continues to be offered and provided at this stage, a record should continue to be made be made setting out the issues discussed, and details of any support that the local authority has agreed to provide, so that it can be demonstrated what action they have taken in response to the young adult's request for support.

The definition of a programme of education or training must be interpreted broadly. For example, this might include options such as: completion of a basic skills course, so that the young person has the numeracy and literacy skills needed to compete in the jobs market; take up of a course of further education; take up of a university place; support to enable the young person to complete a recognised postgraduate qualification; or participation in vocational training and apprenticeships.

Care leavers will need support and guidance to help them think about and plan their return to education or training, consider all aspects such as financial support and the impact on their housing or benefits.

Where a care leaver requests this support, an assessment should be made to assess the appropriateness of the education or training course and how it will help them to achieve their ambitions. The Personal Adviser should meet with the care leaver and, based on the assessment of their needs and the suitability of the course, update the Pathway Plan. The plan must have a specific focus on the support that the care leaver will need to be able to meet the education or training goals agreed. The plan should reflect the agreed educational outcomes for the young person and the type of support the young person will require. This assessment should draw on the information about the young person's skills and capabilities which will have been set out in Pathway Plans up to age 21. The extent of practical and financial assistance provided will depend on the assessment of the young person's needs and will reflect the type of course, whether it is full or part time and the young person's existing income.

Services for Qualifying Young People will be determined by an assessment of need carried out by the Leaving Care Team.

The support offered, which could be financial, will focus upon helping the young person to manage and cope in the community and to manage the transition to adulthood. Attempts will be made to ensure that they are able to access suitable accommodation and maintain social and family links.

Where necessary, in addition to support, practical help should be offered to the young person. This could include helping to acquire basic living skills and consideration of health needs and choices. Where necessary, links will be made with other services and assistance can be provided when they have to have contact with other agencies. Advice and support should also be offered in relation to employment, training and educational opportunities.

Local authorities should also set out what assistance can be provided to young people who are 'Qualifying' as a result of being looked after immediately prior to becoming subject to a Special Guardianship Order or subject to a private fostering arrangement. Local authorities will need to be clear about which local authority is responsible for the provision of services to qualifying young people.

The young person's social worker should also help to identify, secure and pay for vacation accommodation, for those qualifying young people who have accessed higher education, or residential further education courses.

Approval for the provision of such financial support must be sought by the young person's social worker by making a written request to the Designated Manager (Leaving Care).

The request should specify the type of financial support sought, the reason for the request and the total cost involved.

In some instances, it may be beneficial for care leavers to move to, or remain in, another authority's area:

• They are already living in a foster or residential placement out of the area and being settled there;
• They have been assessed as, or presenting risk if accommodated in the local area;
• They are requiring university vacation accommodation outside the authority area;
• They are wanting to live nearer to a family member or former carer;
• They are moving away to take up employment or training.

Where a care leaver resides in a different local authority area, the local authority must seek to ensure that a service is provided that is commensurate with the service which they would receive if they had remained resident in the area. 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.

Whenever possible, plans for movement of care leavers to a different local authority area must be discussed and the level of service provision agreed with the host authority concerned prior to the move taking place.

A protocol should set out what options may be available for care leavers to settle in another area where they chose to do so. This should include the Personal Adviser contacting the local authority where the young person resides to explore what accommodation options may be available in advance of them leaving care.

Where a young person lives in another area the responsible local authority may wish to contact the authority in which they now reside, with the consent of the young person. This can assist with joint planning for the future accommodation needs of the young person in particular where they may be in need of support from adult social care or mental health services.

Should a young person be found accommodation under any homelessness duty the placing housing authority has a statutory duty (section 208 of the Housing Act 1996) to notify the local housing authority for the area where the young person is placed.

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

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

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.

For further information, see the Staying Put Procedure.

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. For information on access to records by care leavers, see Access to Records / Subject Access Requests Procedure, Applications by Care Leavers.

Click here to view Appendix 1: Needs Assessment and Content of Pathway Plans for Relevant and Former Relevant Children.

Legislation, Statutory Guidance and Government Non-Statutory Guidance

Children Act 1989 Guidance and Regulations - Volume 3: Planning Transition to Adulthood for Care Leavers

Care Leavers' Charter

Extending Personal Adviser Support to All Care Leavers to Age 25: Statutory Guidance for Local Authorities

Applying Corporate Parenting Principles to Looked-after Children and Care Leavers - Statutory Guidance for Local Authorities

Joint Housing Protocols for Care Leavers: Good Practice Advice (DfE and MHCLG)

Local Offer Guidance: Guidance for Local Authorities