Page reportSummary
Page Layout
Display issue details:
The line numbers refer to lines in the original source. Any with a line number of '0' are implicit tags added by Total Validator:
1 <!doctype html>
2 <html lang="en">
3 <head>
4 <meta charset="utf-8">
12 
E916 [WCAG21 1.4.4 (AA)] Do not use 'viewport' settings which prevent the user from zooming in:
Using 'user-scalable=no' or 'maximum-scale' with a value less than 2.0 may prevent people with sight difficulties from being able to 'zoom in' to pages to read them. See Understanding 1.4.4. <meta name='viewport' content='width=device-width, initial-scale=1, maximum-scale=1'>
12 <title>
12 Staying Put
12 </title>
13 <link href='css/css.php' rel='stylesheet' type='text/css' id="main_style"/>
14 <link rel='shortcut icon' href='images/favicon.ico' type='image/x-icon'/>
16 <link rel="apple-touch-icon" href="images/apple-touch-icon-57x57-precomposed.png" />
17 <link rel="apple-touch-icon" sizes="72x72" href="images/apple-touch-icon-72x72-precomposed.png" />
18 <link rel="apple-touch-icon" sizes="114x114" href="images/apple-touch-icon-114x114-precomposed.png" />
20 <meta name="application-name" content="Staying Put" />
21 <meta name="msapplication-TileColor" content="#301880" />
22 <meta name="msapplication-square70x70logo" content="images/smalltile.png" />
23 <meta name="msapplication-square150x150logo" content="images/mediumtile.png" />
24 <meta name="msapplication-wide310x150logo" content="images/widetile.png" />
25 <meta name="msapplication-square310x310logo" content="images/largetile.png" />
29 <link href='normal.css' id='switch_style' rel='stylesheet' type='text/css'>
32 <link rel='stylesheet' media='(max-width: 1100px)' href='css/colours_mobile.css' />
36 <link href='css/print.css' rel='stylesheet' type='text/css' media='print'>
37 <link href='css/print_colours.css' rel='stylesheet' type='text/css' media='print'>
39 <script src="scripts/print.js">
39 </script>
40 <script src="scripts/jquery-1.6.4.min.js">
40 </script>
41 <script src="scripts/jquery-dateFormat.min.js">
41 </script>
42 <script src="scripts/js.cookie.js">
42 </script>
43 <script type="text/javascript" src="scripts/highlight.js">
43 </script>
44 <script src='https://www.google.com/recaptcha/api.js'>
44 </script>
45 <script type="text/javascript" src="scripts/jquery.js">
45 </script>
46 <script type="text/javascript" src="scripts/pageOrganizer.js">
46 </script>
47 <script>
54 </script>
116 <style>
117 #new_print {
118 display:block;
119 }
120 #old_print {
121 display:none;
122 }
123 </style>
131 <style>
132 ol {
133 counter-reset: item;
134 z-index:-1;
135 }
136 ol li.sub_list {
137 display: block;
138 position: relative;
139 }
140 ol li.sub_list:before {
141 content: counters(item, ".")".";
142 counter-increment: item;
143 position: absolute;
144 margin-right: 100%;
145 right: 3px;
146 }
147 ol li.remove_bullet:before {
148 P908 [WCAG21 1.3.1 (A)] Do not insert content using CSS:
Content inserted using CSS may not appear when CSS is turned off, or the user is using their own accessible style sheet. See WCAG 2.1 Failure F87. content:"\ \ \ ";
149 display:none;
150 }
151 </style>
155 <style>
156 .remove_bullet {
157 list-style:none;
158 }
159 </style>
183 </head>
184 <body onLoad="if (document.getElementById('zoom_searchbox'))
{document.getElementById('zoom_searchbox').focus();}">
186 <div id="skip">
186 <a href="#main_content" class="section_links">
186 Skip navigation to sections
186 </a>
186 </div>
187 <div id="cookie_bar">
187 We use cookies to track usage and preferences.
187 <a href="https://www.trixonline.co.uk/privacy-policy#cookies">
187 View our Cookie Policy
187 </a>
187 <div id="cookie_agree">
187 I Accept
187 </div>
187 </div>
190 <div id="head_bar">
192 <header>
193 <div id="grey_bar">
194 <div id="logo_holder">
195 <img src="images/client_logo.png" height="85" alt="Bexley Logo"/>
196 </div>
196 </div>
198 <div id="title">
199 <h1>
199 Bexley
199 <span id="h1_sub">
199 Children's Services Procedures Manual
199 </span>
199 </h1>
201 </div>
205 <div id="access_holder">
205 <div id="access_text_hold" onclick="location.href='accessibility.html';">
205 <a href="accessibility.html">
205 Accessibility
205 </a>
205 </div>
205 </div>
206 </header>
207 </div>
208 <nav>
210 <div id="sticky_navigation_wrapper">
211 <div id="sticky_navigation">
212 <div id="demo_container">
213 <div id="menu_toggle">
213 <img src="images/menu_white.png" id="drop_menu_button" height="20" alt="Menu toggle for
Mobile"/>
214 </div>
216 <div id="menu_items">
217 <ul>
218 <li>
218 <a href="index.html">
218 Home
218 </a>
218 </li>
219 <li>
219 <a href="contents.html">
219 Contents
219 </a>
219 </li>
220 <li class="dropdownmenu" id="doubletap1">
221 E958 [WCAG21 4.1.2 (A)] The 'aria-haspopup' attribute is not allowed in this context:
The ARIA specification only allows certain 'aria-...' attributes to be used with certain roles. See ARIA 1.2. <a class="toplink" href="menu.html" aria-haspopup="true">
221 Resources
221 <b>
221 ▾
221 </b>
221 </a>
222 <ul id="port_drop1" aria-label="submenu">
223 <li>
223 <a href="local_resources.html" tabindex="-1">
223 Policy Update
223 </a>
223 </li>
224 <li>
224 <a href="http://trixresources.proceduresonline.com/nat_key/index.htm" target="_blank"
tabindex="-1">
224 Glossary
224 </a>
224 </li>
225 <li>
225 <a href="http://trixresources.proceduresonline.com/nat_cont/index.htm"
target="_blank" tabindex="-1">
225 Contacts
225 </a>
225 </li>
226 </ul>
227 </li>
228 <li>
228 <a href="using_this_manual.html">
228 Using this Manual
228 </a>
228 </li>
229 <li>
229 <a href="http://www.londoncp.co.uk/" target="_blank" rel="noopener">
229 London Child Protection Procedures
229 </a>
229 </li>
231 </ul>
232 </div>
236 <div id="search">
236 <div id="search_contents">
237 E910 [WCAG21 1.4.4 (AA)] Use relative rather than absolute units:
Using relative units helps the page to be rendered correctly at different resolutions and allows people with sight difficulties to 'zoom in' to pages to read them. See Understanding 1.4.4. <form method="get" action="search_site.php" style="font-size:10px;">
239 <div id="input_holder">
241 W889 [WCAG21 4.1.2 (A)] Avoid using accessible names created from fallback attributes:
An accessible name generated from 'title', 'placeholder' or default values for <input> buttons, typically yields a low quality accessible name. Instead use the recommended way of setting the accessible name for this element. See Avoid Fallback, and Accessible Name Computation. <input type="text" name="zoom_query" placeholder="Search Manual" spellcheck="true" title="search"
class="search_bar">
242 </div>
243 <div id="mag_holder">
244 <input class="imagelink" type="image" src="images/mag_white.png" id="mag_glass"
height="25" alt="Search" title="Search">
246 </div>
246 </form>
246 </div>
246 </div>
248 </div>
251 </div>
253 </div>
258 </nav>
259 <div id="main_content" tabindex="-1">
260 <main>
263 <div id="print_watermark">
263 This document is only valid 72 hours after printing
263 <script>
263 </script>
263 . For the latest version please visit
263 <noscript>
263 the online manual.
263 </noscript>
263 <script>
263 </script>
263 </div>
265 <div id="chapter_title">
268 <div id="print_holder">
272 <div id="new_print">
272 <a onClick="window.print();" tabindex="0" class="imagelink" href="#">
272 <img id="print_img" src="images/print_black.png" height="30" alt="Click here to print"/>
272 </a>
272 </div>
276 <div id="old_print">
276 <form id="printMe" name="printMe">
276 <input class="imagelink" name="printMe" type="image" onclick="printSpecial()"
id="print_img_ie" src="images/print_black.png" height="30" width="33" alt="Print this
page" title="Print Button">
276 </form>
276 </div>
279 </div>
282 <h2>
282 Staying Put
282 </h2>
284 </div>
287 <div id="scope_box">
288 <h3>
288 SCOPE OF THIS CHAPTER
288 </h3>
289 <p>
289 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.
289 </p>
290 <h3>
290 RELATED CHAPTERS
290 </h3>
291 <p>
291 <a href="files/leaving_care_policy.pdf" target="_blank" rel="noopener">
291 Policy to Promote the Welfare of Young Adults Leaving Care
291 </a>
291 </p>
292 <h3>
292 RELATED GUIDANCE
292 </h3>
293 <p>
293 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/397649/CA1989_Tran
sitions_guidance.pdf" target="_blank" rel="noopener">
293 Children Act 1989 Guidance and Regulations - Volume 3: Planning Transition to Adulthood for Care
Leavers (revised January 2015)
293 </a>
293 </p>
294 <p>
294 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/201015/Staying_Put
_Guidance.pdf" target="_blank" rel="noopener">
294 Staying Put - Arrangements for Care Leavers Aged 18 and Above to Stay on With Their Former
Foster Carers Government Guidance issued by the DfE, DWP and HMRC (2013)
294 </a>
294 </p>
295 <p>
295 <a href="files/staying_put.pdf" target="_blank" rel="noopener">
295 Staying Put: Good Practice Guide
295 </a>
295 </p>
296 <p>
296 <a href="https://www.catch-22.org.uk/wp-content/uploads/2015/01/Staying-Put-FINAL-WEB.pdf"
target="_blank" rel="noopener">
296 Staying Put: What Does it Mean for You? (Catch 22 National Care Advisory Service)
296 </a>
296 </p>
297 <p>
297 <a href="files/local_offer_leaving.pdf" target="_blank" rel="noopener">
297 Local Offer for Adults Leaving Our Care
297 </a>
297 </p>
298 <h3>
298 AMENDMENT
298 </h3>
299 <p>
299 This chapter was updated in April 2020 to add a link to '
299 <a href="files/local_offer_leaving.pdf" target="_blank" rel="noopener">
299 Local Offer for Adults Leaving Our Care
299 </a>
299 '.
299 </p>
300 </div>
301 <div id="sections">
303 <h3 id="sections_list">
303 Contents
303 </h3>
304 <ol>
305 <li>
305 <a href="#intro">
305 Introduction
305 </a>
305 </li>
306 <li>
306 <a href="#planning">
306 Planning
306 </a>
306 </li>
307 <li>
307 <a href="#legal_stat">
307 Legal Status and Safeguarding
307 </a>
307 </li>
308 <li>
308 <a href="#support">
308 Support for Foster Carers
308 </a>
308 </li>
309 <li>
309 <a href="#financial_imp">
309 Financial Implications
309 </a>
309 </li>
310 <li>
310 <a href="#yp_university">
310 Young People Attending University and Other Settings Away from Home
310 </a>
310 </li>
311 <li>
311 <a href="#interface">
311 Interface with Adults Services
311 </a>
311 </li>
312 <li>
312 <a href="#ending">
312 Ending of Staying Put Arrangements
312 </a>
312 </li>
313 </ol>
314 <h3 id="intro">
314 1. Introduction
314 </h3>
315 <p>
315 A Staying Put arrangement is where a Former Relevant child, after ceasing to be Looked After,
remains in the former foster home where they were placed immediately before they ceased to be
Looked After, beyond the age of 18.
315 </p>
316 <p>
316 It is the duty of the local authority:
316 </p>
317 <ul>
318 <li>
318 To monitor the Staying Put arrangement; and
318 </li>
319 <li>
319 To provide advice, assistance and support to the Former Relevant child and the former foster
parent with a view to maintaining the Staying Put arrangement (this must include financial
support), until the child reaches the age of 21 (unless the local authority consider that the
Staying Put arrangement is not consistent with the child's welfare).
319 </li>
320 </ul>
321 <p>
321 Under the Care Leavers (England) Regulations 2010, Planning Transition into Adulthood for Care
Leavers Guidance and Government Guidance
321 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/201015/Staying_Put
_Guidance.pdf" target="_blank" rel="noopener">
321 Staying Put - Arrangements for Care Leavers Aged 18 and Above to Stay on With Their Former
Foster Carers (2013)
321 </a>
321 , the Local Authority must provide information about extending foster placements post-18.
321 </p>
322 <p>
322 The intention of Staying Put arrangements is to ensure that young people can remain with their
former foster carers until they are prepared for adulthood, can experience a transition akin to
their peers, avoid social exclusion and be more likely to avert a subsequent housing and tenancy
breakdown.
322 </p>
323 <p>
323 (Note that the term 'arrangement' should be used rather than 'placement' - the term
'placement' denotes a situation where the local authority arranged and placed the child with a
foster carer. Once the child reaches the age of eighteen and legal adulthood, the local authority
is no longer making a placement, but facilitating a Staying Put arrangement for the young person.)
323 </p>
324 <p>
324 Consideration will need to be given to the impact on foster carers' approval and their terms of
approval, including the numbers approved for, and whether this number includes the Staying Put
young person.
324 </p>
325 <p>
325 Young people living with foster carers supported by independent providers should be treated in the
same way as those young people living with local authority in-house foster carers when
consideration is given to a 'staying put' arrangement. Local authorities should have discussions
with independent fostering providers at an early stage regarding the option of a 'staying put'
arrangement. This discussion should include the amount of allowance the local authority will pay
the former foster carer.
325 </p>
326 <p>
326 If a young person feels that his/her wish to remain with their former foster carer has not been
properly considered by the local authority or they are unhappy with the way in which the local
authority has acted, they may wish to speak to their Independent Reviewing Officer who chairs
their reviews before they turn 18 and request a review of their Pathway Plan. The young person
should be told of their right to use their local authority's complaints procedure to voice their
concerns, and of their right to have an independent Advocate.
326 </p>
327 <p>
327 <span class="bold">
327 Note
327 </span>
327 : Where a Staying Put arrangement is in place, the local authority, where appropriate, may
consider delegating part of the Personal Adviser function to the foster carer (See
327 <a href="files/leaving_care_policy.pdf#page=9" target="_blank" rel="noopener">
327 Policy to Promote the Welfare of Young Adults Leaving Care, Role of the Personal Adviser
327 </a>
327 ).
327 </p>
328 <h3 id="planning">
328 2. Planning
328 </h3>
329 <p>
329 Discussion should start with the young person and foster carer regarding the option of staying put
as early as possible, ideally before the young person reaches the age of 16.
329 </p>
330 <p>
330 If this has not already been done, the first Looked After Review following his or her 16th
birthday should consider whether a Staying Put arrangement should be an option. This will entail
assessing the implications for both the young person and the foster carer.
330 </p>
331 <p>
331 When carrying out an assessment of an Eligible child's 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.
331 </p>
332 <p>
332 The young person's Pathway Plan (which may be superseded by a 'living together agreement' from age
18) should set out all of the practical arrangements regarding the young person remaining as a
young adult in the Staying Put arrangement. It should set out the 'ground rules' of the household
as well as the areas of responsibility that all parties to the arrangement are expected to fulfil.
Many of these will be an extension of the expectations on them when they were a foster child. This
will cover arrangements such as:
332 </p>
333 <ul>
334 <li>
334 Preparation for adulthood and independence tasks;
334 </li>
335 <li>
335 Finance, including young people having credit cards, loan agreements and mobile phone contracts
registered at the address;
335 </li>
336 <li>
336 Income and benefit claims;
336 </li>
337 <li>
337 Friends and partners visiting and staying at the address;
337 </li>
338 <li>
338 Staying away for nights/weekends and informing carers of movements;
338 </li>
339 <li>
339 Education, training and employment activities;
339 </li>
340 <li>
340 Health arrangements;
340 </li>
341 <li>
341 Move-on arrangements;
341 </li>
342 <li>
342 Issues related to younger foster care children in the placement, i.e. safeguarding, being a
positive role model and time-keeping.
342 </li>
343 </ul>
344 <p>
344 It should be assessed from the outset how the arrangement will help the young person develop the
skills required for independent living once they move on. They should be supported to continue to
develop a range of skills including:
344 </p>
345 <ul>
346 <li>
346 Relationships - getting on with neighbours; understanding acceptable behaviour; when and how to
communicate with relevant professionals;
346 </li>
347 <li>
347 Emotional Resilience - managing isolation and where to go for support. Building self-esteem;
347 </li>
348 <li>
348 Finance and budgeting - opening a bank account, safe borrowing and managing debt, understanding
basic financial products, benefits and welfare reform; budgeting for priority bills, household
appliances and everyday shopping on a budget;
348 </li>
349 <li>
349 Cooking - cooking healthily and on a budget; understanding nutrition and its impact on overall
health;
349 </li>
350 <li>
350 Managing a home - washing and ironing, cleaning, basic DIY, operating appliances and what is
allowed within a tenancy; and
350 </li>
351 <li>
351 Applying for jobs - understanding strengths and areas for personal development; developing job
skills, understanding job/volunteering pathways and support available; understanding bursaries
and other financial support; where to go for advice; understanding the impact of work on
benefits.
351 </li>
352 </ul>
353 <h3 id="legal_stat">
353 3. Legal Status and Safeguarding
353 </h3>
354 <p>
354 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. In addition, the carer may also become, and be
deemed, the young person's landlord/landlady.
354 </p>
355 <p>
355 The associated change from foster child to adult member of the household, and for the carer from
foster carer to Staying Put carer, (technically the young person's landlord) should be carefully
and sensitively planned in order to ensure that both young people and the carer/s understand the
nature of the arrangement and that the positive aspects of being in foster care are not diminished
by the new legal and financial arrangements and terminology.
355 </p>
356 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.
357 <p>
357 These should include in all cases but particularly in cases where there are no foster children
living in the carers home:
357 </p>
358 <ul>
359 <li>
359 A written set of standards and expectations that make explicit and clear what the implications
of the change from being Looked After to being in a Staying Put arrangement, including what the
young person and the carer can reasonably expect of each other and of the local authority;
359 </li>
360 <li>
360 A system for reviewing and approving the Staying Put arrangement and carer/s to ensure that the
arrangement complies with local authority expectations;
360 </li>
361 <li>
361 Safeguarding and risk assessment checks on household members and in certain circumstances
regular visitors;
361 </li>
362 <li>
362 Health and safety requirements (as a minimum this should comply with landlord and
licensee/tenant requirements);
362 </li>
363 <li>
363 Regular supervision and support, possibly, from their fostering supervising social worker; and
363 </li>
364 <li>
364 Opportunities to attend appropriate training.
364 </li>
365 </ul>
366 <p>
366 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. In circumstances where
it is clear that the carer will not be fostering any further children, it may be deemed
appropriate to terminate their approval as a foster carer. In situations where it is possible that
they may foster again in the future, it would be inappropriate to terminate their approval, given
the length of time that re-approval would take. Where a foster carer's approval is terminated, it
will be necessary to ensure that the Staying Put arrangement continues to meet appropriate
standards.
366 </p>
367 <p>
367 Safeguarding arrangements will need to be sufficient, including Disclosure and Barring Service
checks on over 18 year olds and issues relating to fostered children in households. Where foster
children are in placement, the foster carers will need to be returned to the fostering panel due
to a change in circumstances as the child/young person Staying Put will have reached adulthood and
become an adult member of the fostering household. As such, they will require a valid Disclosure
and Barring Service check. To ensure that the check (and possible subsequent risk assessment) is
completed by the child/young person's eighteenth birthday the process will need to commence in
sufficient time.
367 </p>
368 <h4>
368 Where Foster Children are Living in the Staying Put Arrangement
368 </h4>
369 <p>
369 Where fostered children are living in the household, the checks and requirements associated with
fostering legislation will apply and will provide a framework for safeguarding and checking
arrangements for the whole household.
369 </p>
370 <p>
370 In these situations the carer must remain an approved foster carer and the Fostering Services
(England) Regulations and Guidance will apply with the consequential requirements of
supervision, review and safeguarding. Whilst the fostering legislation will primarily apply to the
placements of the fostered children, it does ensure that a system of approval, checking and
supervision is applied to the whole household.
370 </p>
371 <p>
371 Additionally, where foster children are in placement, the foster carers will need to be returned
to the fostering panel due to a change in circumstances as the child/young person Staying Put will
have reached adulthood and become an adult member of the fostering household.
371 </p>
372 <p>
372 Young people remaining in a foster care household at the age of eighteen will become adult members
of the household and will require a valid Disclosure and Barring Service check in settings where a
foster child or foster children are living. To ensure that the check (and possible subsequent risk
assessment) is completed by the young person's eighteenth birthday the process will need to
commence in sufficient time.
372 </p>
373 <h3 id="support">
373 4. Support for Foster Carers
373 </h3>
374 <p>
374 The local authority will discuss with the former foster carer whether they require any particular
training and guidance to help support the young person. The type of support that a former foster
carer will need to provide in a 'staying put' arrangement is likely to be different to that they
provided when fostering the young person. It should be explored with the former foster carer the
type of training and support they think they will require, particularly in helping the young
person develop their independent life skills. Whether the former foster carer is from the local
authority or an independent fostering service, careful consideration should be given to continued
support which could include peer support.
374 </p>
375 <h3 id="financial_imp">
375 5. Financial Implications
375 </h3>
376 <p>
376 Whilst the level of financial support payable will depend upon individual needs and circumstances,
former foster carers will be paid an allowance that will cover all reasonable costs of supporting
the care leaver to remain living with them. Clear information will be provided to foster carers on
the financial support which may be provided for staying put arrangements, in order to help foster
carers plan well in advance whether they wish to participate in such arrangements.
376 </p>
377 When deciding upon the level of financial support payable, careful consideration will have to be
given to the impact of the 'staying put' arrangement on the family's financial position. The impact
will vary from family to family.
378 <p>
378 It will be necessary to consider:
378 </p>
379 <ul>
380 <li>
380 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
Staying Put costs;
380 </li>
381 <li>
381 Whether additional allowances provided when the child was a foster child to ensure they were
embedded in the family will continue, for example holiday allowances, birthday and
Christmas/festival allowances;
381 </li>
382 <li>
382 Any financial contributions from the young person from their wages, salary, benefits or
educational allowances. Depending on their circumstances, young people who remain in a Staying
Put arrangement may be able to claim means tested benefits for their personal needs from their
eighteenth birthday;
382 </li>
383 <li>
383 How the income tax, national insurance and welfare benefits situation of carers may be affected
by post-18 payments. Where a young person continues to reside with their former foster carer
after their eighteenth birthday on a non-commercial and familial basis,
383 <span class="bold">
383 and
383 </span>
383 the child was Looked After immediately prior to their eighteenth birthday,
383 <span class="bold">
383 and
383 </span>
383 the payments are made by the local authority to the carer under section 23C of the Children Act
1989 (continuing functions in respect of former relevant children), then the payments are
disregarded in calculating the carers entitlement to means tested benefits. When a commercial
arrangement is made, (i.e. any element of the cost of the arrangement comes from a source other
than section 23C), the non-section 23C element will be taken into account in the calculation of
the carer's own means tested benefit claim;
383 </li>
384 <li>
384 Insurance issues including liability and household insurance. Staying Put carers should be
provided with information about liability insurance cover in situations where Staying Put young
people may make an allegation against a foster child in placement, or against their Staying Put
carer/s, or an allegation is made against the Staying Put young person. The majority of foster
carers hold public liability insurance.
384 </li>
385 </ul>
386 <p>
386 The local authority will explain to the young person their full entitlements, including how they
will provide the young person with their leaving care grant once they move on from a 'staying
put' arrangement and live independently.
386 </p>
387 <h4>
387 5.1 Staying Put Allowances
387 </h4>
388 <p class="category">
388 To follow
388 </p>
389 <h4>
389 5.2 Additional Allowances
389 </h4>
390 <p class="category">
390 To follow
390 </p>
391 <h4>
391 5.3 Financial Contributions From Young People
391 </h4>
392 <p>
392 <span class="category">
392 To follow
392 </span>
392 </p>
393 <h4>
393 5.4 Means Tested Benefits
393 </h4>
394 <p>
394 Where:
394 </p>
395 <ul>
396 <li>
396 A young person continues to reside with their former foster carer after their eighteenth
birthday on a non-commercial and familial basis;
396 <span class="bold">
396 and
396 </span>
396
396 </li>
397 <li>
397 The child was Looked After immediately prior to their eighteenth birthday;
397 <span class="bold">
397 and
397 </span>
397
397 </li>
398 <li>
398 The payments are made by the local authority to the carer under section 23C of the Children Act
1989 (continuing functions in respect of former relevant children);
398 </li>
399 </ul>
400 <p>
400 then the payments are disregarded in calculating the carers' entitlement to means-tested benefits.
400 </p>
401 <p>
401 When a commercial arrangement is made, (i.e. any element of the cost of the arrangement comes from
a source other than section 23C), the non-section 23C element will be taken into account in the
calculation of the carer's own means-tested benefit claim.
401 </p>
402 <p>
402 Additionally, the disregard is lost on the whole payment (section 23C and non-section 23C
elements) when the young person first leaves the Staying Put arrangement, should the young person
return to their former foster/Staying Put carer or move to another carer after their eighteenth
birthday.
402 </p>
403 <h4>
403 5.5 Housing Benefit/Universal Credit
403 </h4>
404 <p>
404 There may be Housing Benefit implications as a result of Staying Put Arrangements. Housing
Benefit is, however, being replaced by Universal Credit. Individual advice will therefore need to
be obtained.
404 </p>
405 <h4>
405 5.6 Council Tax and Council Tax Benefit
405 </h4>
406 <p>
406 The position regarding Council Tax will vary depending on the circumstances of the carers, the
number of adults in the household and the activity that the young person is engaged in.
406 </p>
407 <p>
407 Young people undertaking full time education are 'invisible' for council tax purposes.
407 </p>
408 <h4>
408 5.7 Her Majesty's Revenue and Customs (HMRC), Income Tax and National Insurance
408 </h4>
409 <p>
409 For HMRC purposes only, there is a broader definition of 'Staying Put'. A 'Staying Put' carer (for
HMRC purposes only) does not need to be a registered foster carer or former foster
carer. This means that young people are able to return to a different Staying Put carer
between the age of 18 and 21 (or until the completion of an education or training course) - for
example during a university vacation.
409 </p>
410 <p>
410 Where a Staying Put arrangement meets the HMRC qualifying criteria (and where the young
adult continues to be cared for as a member of the carer's family) the Income Tax and National
Insurance rules that apply to foster carers are extended to Staying Put carers. The young
people are required to share the Staying Put carers' home and daily family life during the
placement' i.e. live as a 'member of the carer's family'. This system provides for
foster carers and/or Staying Put carers to earn up to a given amount without paying Income Tax or
Class 4 National Insurance Contributions on their caring income.
410 </p>
411 <p>
411 The Income Tax free allowance consists of two elements. Firstly, a fixed amount per foster care or
Staying Put household. Secondly, an additional amount per week per child.
411 </p>
412 <p>
412 Where there is more than one paid Staying Put carer in the household, the allowance is shared
equally by both carers.
412 </p>
413 <p>
413 The tax free allowance only applies to the Staying Put carer's income from caring. If they have
income from other sources, they will pay tax on that income in the normal manner.
413 </p>
414 <p>
414 Individual carers can consult their local HMRC office for guidance on their circumstances and
liabilities.
414 </p>
415 <p>
415 For National Insurance Contributions purposes, in practice HMRC will treat the taxable profit from
foster care or Staying Put care as earnings from self-employment. Foster care and Staying Put care
is deemed as self-employment and as such carers should register as self-employed. All
self-employed people aged 16 and over who are below State Pension age are liable and must register
to pay Class 2 National Insurance Contributions.
415 </p>
416 <h4>
416 5.8 Insurance (Including Liability and Household Insurance)
416 </h4>
417 <p>
417 Staying Put carers will be provided with information about liability insurance cover in
situations where Staying Put young people may make an allegation against a foster child in
placement, or against their Staying Put carer/s, or an allegation is made against the Staying Put
young person. The majority of foster carers hold public liability insurance.
417 </p>
418 <h3 id="yp_university">
418 6. Young People Attending University and Other Settings Away from Home
418 </h3>
419 <p>
419 Living away from the former foster carer's home for temporary periods such as attending higher
education courses should not preclude a 'staying put' arrangement. This might include a
residential further education institution; undertaking induction training for the armed services
or other training or employment programmes that require a young person to live away from home.
419 </p>
420 <h3 id="interface">
420 7. Interface with Adults Services
420 </h3>
421 <p>
421 The Staying Put framework is aimed at former relevant children who require an extended period with
their former foster carer/s due to delayed maturity, vulnerability and/or in order to complete
their education or training. Where young people have an on-going cognitive disability and meet the
adult services Fair Access to Care Services criteria (Putting People First), foster placements
should be converted to Adult Placements/Shared Lives Arrangements when the child reaches their
eighteenth birthday. This is important to ensure that both the young person and the carer have a
formal regulatory and safeguarding framework that addresses their respective needs.
421 </p>
422 <h3 id="ending">
422 8. Ending of Staying Put Arrangements
422 </h3>
423 <p>
423 The Staying Put arrangement extends until:
423 </p>
424 <ul>
425 <li>
425 The young person leaves the Staying Put arrangement;
425 <br />
426 <br />
427 or
427 </li>
428 </ul>
429 <ul>
430 <li>
430 The young person reaches their twenty-first birthday.
430 </li>
431 </ul>
432 <p>
432 Local authorities may wish to continue supporting a young person beyond age 21 if it meets their
individual needs, such as finishing their course of education.
432 </p>
433 <p>
433 The local authority will want to ensure that the end of a 'staying put' arrangement is not another
'cliff edge' for the young person but a gradual transition to independent living. Procedures
should be agreed at the outset about how any wish by the carer to bring the arrangement to an end
should be managed. The social worker/personal adviser should discuss with the young person
their transition from such an arrangement to another type of accommodation and agree the type of
support the young person will require. These arrangements should be developed alongside joint
protocols with the housing authority, setting out how access to social housing and care leavers
'priority need' status will be discharged.
433 </p>
434 An excluded licensee can be asked to leave the property by the Staying Put carer, who must give
'reasonable notice'. In extreme circumstances it may be considered reasonable for the carer to give
very short notice and ask the young person to leave on the same day.
434 </div>
437 </main>
438 </div>
441 <footer>
442 <div class="footer">
443 <div>
444 <p>
444 <a href="privacypolicy.html">
444 Privacy Policy
444 </a>
444 <br>
445 <span style="font-size:small;">
446 <span id='desktop_button' tabindex='0'>
446 Desktop
446 </span>
446 |
446 <span id='mobile_button' tabindex='0'>
446 Mobile
446 </span>
446 |
446 <span id='responsive_button' tabindex='0' style='text-decoration:underline'>
446 Responsive
446 </span>
446 </span>
446 </p>
448 <div id="trix_logo">
449 <a href="https://www.trixonline.co.uk/" target="_blank" class="imagelink">
449 <img src="images/trixlogo.png" height="40" alt="Tri.x Logo links to Tri.x homepage"/>
449 </a>
450 </div>
451 </div>
452 </div>
454 </footer>
455 <div id="desktoptest">
455 </div>
456 <script>
583 </script>
585 <script>
594 </script>
596 <script>
643 </script>
646 <script>
648 </script>
656 <script>
695 </script>
696 <script type="text/javascript">
696 </script>
698 <script>
737 </script>
741 <script type="text/javascript">
753 </script>
754 </body>
755 </html>