Staying Put
RELEVANT GUIDANCE
Staying Put: Good Practice Guide
RELATED CHAPTER
Preparing Young People for Adulthood Procedure
AMENDMENT
In May 2022 this chapter was revised throughout.
Contents
- Introduction
- Planning
- Legal Status and Safeguarding
- Stability and Ending Arrangements
- Financial Arrangements
- Where Other Foster Children are Living in the Staying Put Arrangement
1. Introduction
A Staying Put arrangement refers to the situation when a young person, who has been looked after for a total of at least 13 weeks since the age of 14, remains living with the Foster Carer with whom they were placed when they turned 18.
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 similar to their peers, avoid social exclusion and be more likely to avert a subsequent housing and tenancy breakdown.
The term 'arrangement' is used rather than 'placement' as the term 'placement' denotes a situation where the local authority arranged and placed the child. 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. The Young Person Staying Put is no longer a Child Looked After once they reach 18 years of age; they are a care leaver. The following legislation and statutory guidance are relevant to the rights of care leavers, including their right to stay with their former foster carers if the carers are willing to enter into this arrangement:
- The children Act 1989;
- Children and Young Person’s Act 2008;
- The Children and Families Act 2014;
- National Care leavers Strategy;
- Care Leavers (England) Regulations 2010;
- Staying Put Guidance 2013 DfE, DWP and HMRC Guidance 1989 Guidance and Regulations;
- Volume 3: planning transition to adulthood for Care Leavers.
The aim of the Staying Put arrangement is to support young people successfully move to independence in a planned way. Community Foster Care endorses this approach and understands the overwhelming challenges that face young people living in foster care as they approach adulthood, and the pressures which some young people face to move into independent living which in some cases may be too early.
It is important to note that the staying put arrangement is not a foster placement therefore, the Fostering Regulations do not apply.
It is vital that there is clarity for young people, carers, staff, the public and Placing Authorities that where an extension of a placement beyond the young person's 18th birthday is requested Community Foster Care is clear about the support, approval status and the cost for each arrangement. Community Foster Care will ensure that all foster carers are aware from the start of a placement of the Staying Put option when a young person turns 18.
If a young person feels that his/her wish to remain with their former foster carer has not been properly considered by the Placing Authority or they are unhappy with the way in which the Placing 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 Staying-put Arrangement will cease when the young person reaches their 21st birthday (or 25th birthday when attending education of 16-hours or more per week).2. Planning
Foster carer's terms of approval are defined in the Fostering Regulations in respect of foster placements for children ranging from the ages of 0-18. Any placement made with a fostering agency is made within the framework of the Fostering Regulations which ceases to exist beyond a young person's 18th birthday. See Section 3, Legal Status and Safeguarding.
Community Foster Care believes that young people can develop life skills in a range of different ways and not always in a way that separates them from the day to day living with the family, the 'staying put arrangement' should be a continuum of the Pathway Plan developed much earlier in the young person's 16th birthday year, which supports what the aspirations and wishes of the young person are and how this will be achieved.
As part of this care planning process, the social worker should consider whether a staying put arrangement is the preferred option. Community Foster Care will explore with the foster carer whether they are willing to consider this type of arrangement, this will be recorded in the young person’s Pathway plan. The agency alongside the relevant local authority will ensure that the foster carer’s are fully informed as to the support and financial implications of them entering into such an arrangement.
When the young person is 17 ½ years of age, a joint planning meeting will take place with the supervising social worker, foster carer, young person, leaving care worker and social worker to ensure that all arrangements are in place and agreed. Benefit claims will be progressed and tenancy agreements should be in place one month before the young person’s 18th birthday. Community Foster Care will ensure that all information pertaining to the arrangement is shared with the foster carer and the local authority prior to this meeting and will escalate matters when planning meetings do not take place in a timely way to prevent unnecessary delay in arrangements being agreed.
Community Foster Care believes that an agreement between the foster carer and young person should be drawn up upon commencement of the 'staying put' arrangement to discuss and agree in particular the following areas:
- What support does the young person need to meet the optimum target of reaching a point where they can move out with the best chances of a successful adult life;
- What does the young person need to optimise continued further educational attainment;
- What support does the young person need to secure training or employment if they are not continuing in education;
- Young person's financial contributions.
(Independence and life skills are expected to have been addressed within the Pathway Plan).
- Safeguarding matters:
- Personal and safe care - agreement regarding a continued adoption of practicing safe care in the home;
- Staying away overnight - consideration and agreement should be recorded in the plan for the purpose of understanding clearly what constitutes a 'missing young person';
- Alcohol consumption by young person - agreed statement that supports the young person engaging in ordinarily social activities as any other 18 year old with an approach that protects both the carer and the young person.
- Financial arrangements for the placement.
Community Foster Care believes that the ethos and spirit which this policy endorses requires carers to continue working with young people in placement as they were before the young person's 18th birthday, and providing the care that has been agreed in the pathway planning and care planning process. In parenting terms nothing has changed. However, there are some changes that are inevitable which includes the financial arrangements and opportunities for the young person to become self-sufficient. Community Foster Care have developed clear financial arrangements around the provision of staying put (see Section 7, Financial Arrangements) and seeks to ensure Local authority agreement to these arrangements at an early stage as part of the planning process.
3. Legal Status and Safeguarding
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. A signed tenancy agreement must be in place and must meet current legislation and be appropriate to the needs of the young person.
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.
Community Foster Care will continue to provide:
- Supervision for Staying Put carers via their supervising social worker;
- Access to relevant training;
- DBS checks for all adults in the household, including the young person when they turn 18 if there are other fostered children in the home;
- Safeguarding and risk assessment checks on household members and in certain circumstances regular visitors;
- Health and safety checks of the home (as a minimum this should comply with landlord and licensee/tenant requirements);
- Ongoing contributions to the review process for care leavers, attendance at meetings to discuss reviews of the placement and pathway plan.
Community Foster Care will provide training for Staying Put Carers during the time they are Foster Carers to develop their skills in supporting young persons, in particular around inspiring independence, developing resilience, managing finance and budgets, managing relationships and conflict.
Staying Put Carers may be de-registered as Foster Carers by the Provider for the duration of the Staying-put Arrangement, if this is their only arrangement or Placement, Community Foster Care will ensure the Staying Put Carers are fully informed of the implications and processes for re-approval as a Foster Carer, including timescales.
4. Expectations of Staying Put Carers
The Staying Put Carer must support the young person (if eligible) to provide Job Centre Plus (JCP) with a signed tenancy/licence agreement to claim the Housing element of Universal Credit or Local Housing Allowance.
Carers are required to provide accommodation within a family home, with full access to all shared areas.
Young people will have their own bedroom, equipped with:
- A comfortable bed with clean, well-fitting sheets, covered duvet and covered pillows;
- Enough furniture for the young person to store clothes and personal belongings;
- A working light and electrical socket/s, checked during weekly room checks with the Staying Put Carer;
- Young people will be able to add their own personal touches such as posters, soft furnishings and ornaments to personalise their space. Where decorations cannot be added directly to the walls of a room, the Staying Put Carer should make available noticeboards or equivalent to allow decorations to be added.
Staying Put Carers should provide:
- Breakfast and dinner supplied/ingredients to be able to make own breakfast and dinner;
- Heating, electric, gas, cooking facilities, washing machine, etc.;
- Shared household items such as cleaning products, shampoo, conditioner, shower and bath products, toilet rolls, soap powder etc.;
- Use of computer, TV (can be shared with family if young person does not have their own);
- Support in enabling the young person to access and use public transport if needed;
- Opportunities to engage in a wide range of family leisure activities to a reasonable level reflective of family life;
- Written reports for and attendance at Review of Pathway Plan.
Staying Put Carers are not precluded from providing any of the following at their own cost, but are not expected to provide (unless specified in the financial agreement):
- 24 hour supervision for the young person;
- Clothing;
- Non-essential toiletries;
- Lunch costs if away from the home;
- Costs associated with education or training;
- Holidays;
- Birthday and festival allowances;
- Planned Breaks;
- Leisure activities for the young person alone;
- Pocket money;
- Transport;
- Savings.
Staying Put Carers will work with the Local Authority and the young person to continue to develop a range of skills including:
- Relationships - getting on with others; understanding acceptable behaviour; when and how to communicate with professionals;
- Supporting emotional resilience – coping with loneliness, where to access support. Building self-esteem and ability to make own decisions as an adult;
- Finance and budgeting - opening a bank account, managing debt, understanding basic financial products, benefits and welfare reform; paying bills, household appliances and everyday shopping on a budget, working with the young person regarding their personal financial contribution to ensure they are meeting their payments, managing the situation where this is not happening;
- Supporting to claim and maintain benefits;
- Cooking – how to eat healthily on a budget, understand basic food hygiene;
- Support to manage practical tasks such as washing, ironing, cleaning, basic DIY, operating appliances;
- Supporting education and employment opportunities. Helping to apply for jobs/college courses - understanding areas of strength and personal development. Supporting young person access advice for available financial support and bursaries, impact on benefits;
- Support to attend college/work and establish healthy routines. Carer will maintain contact with colleges and where relevant employers to ensure the young person is getting the right support;
- Support in enabling the young person to access public transport (the expectations are for a Staying Put Carer to take the young person to the nearest public point of transport only, if required);
- Support with physical and emotional health. Carer will support young person access professional help/manage appointments when required.
Staying Put Carers who transport young people are required to apply the same level of standards and care when transporting Staying Put young people as they did when they were transporting a foster child, i.e. comprehensive business insurance, a valid MOT, a valid road vehicle license and a road worthy vehicle.
Staying Put Carers should hold public liability insurance. The carer will need to check with their insurers, that their cover includes the Staying-put Arrangement. Carer should also ensure they inform their mortgage provider or landlord, household buildings and contents insurer, car insurance provider that they are providing a Staying Put arrangement to a foster fostered young person.
Staying Put Carers must ensure that they inform HMRC of any change of circumstance in their family, with their foster Children, or with their “Staying Put” young people.
5. University and Further Education
The Staying Put Carer will maintain the young person’s bedroom and stay in regular contact with the young person in circumstances where the young person is attending University, travelling or working away from home for periods.
In such circumstances, Community Foster Care will continue to offer supervision to the Staying Put Carer albeit on a reduced basis and to carry out health and safety checks on the property.
There is an expectation that the young person will be returning to the arrangement during university holidays. The arrangement will be reviewed regularly by Community Foster Care and the relevant Local Authority to ensure it is still being used appropriately.
6. Stability and Ending Arrangements
Any significant incidents involving the young person are to be reported to the placing Local Authority within 24 hours by the Staying Put Carer/Community Foster Care.
When there are concerns about a possible arrangement breakdown the Staying Put Carer will contact the placing Local Authority in order that immediate action can be taken to prevent this breakdown. In the event that the arrangement cannot be stabilised it is expected that the Staying Put Carer will support the continuation of the arrangement until alternative accommodation can be sourced and the transition managed in the best interests of the young person.
Where possible the Staying Put Carer/Provider will offer the young person the option to return to their Placement if their new arrangements don’t lead to positive outcomes.
The pathway/support plan should include contingency arrangements to sustain the arrangement or, if necessary, respond to Placement breakdown / an unplanned move.
It is important that the staying put carer, their supervising social worker and the leaving care worker ensure effective joint working and open communication to identify any difficulties at an early stage.
7. Financial Arrangements
It is important that foster carers are clear about the financial support they will receive when providing a staying put arrangement. The carer will receive a weekly allowance made up from the following:
- Carer professional fee. The Local Authority will be expected to pay the Staying Put carer a weekly allowance at the same rate as the professional fee element of the usual foster carer allowance. In some circumstances Community Foster Care will seek to negotiate additional payments from the Local Authority to meet specific needs of individual young people; for example, some young people may still require a regular planned break to ensure their staying put arrangement is successful. These negotiations will be discussed on a case-by-case basis and be in response to identified needs;
- Young person’s contribution, £20 per week (paid for out of their allowance, universal credit, benefits and/or income from employment). Young people are expected to commence their application for Universal Credit / Housing Benefit prior to their 18th birthday unless their Staying Put Carer is in receipt of a means tested benefit or the young person is not eligible for other reasons;
- Housing Benefit (single room rate) for the area they live in. This amount will reduce to the single room shared rate when the young person turns 22, in line with benefit legislation. It is the responsibility of the Staying Put Carer to ensure that the young person transfers any Housing Benefit and their weekly contribution to the Staying Put Carer. It is not the responsibility of the relevant Local Authority to pay any arrears.
The Staying Put Carer can support the young person to request (in writing) that the housing element of their Universal Credit be paid directly to the Staying Put Carer. The young person can also give permission for Job Centre Plus to speak directly to the Staying Put Carer or young person’s Personal Advisor, so this can be monitored on an ongoing basis.
In circumstances where the young person does not have an income from employment and/or is not eligible to claim Universal Credits/Housing Benefit, then Community Foster Care will request the Local Authority pay the amount equal to the Housing Benefit (single room rate) on the young person’s behalf. This amount will decrease to the single room – shared rate when the young person reaches age 22, in line with benefit legislation.
If the young person does not qualify for benefits because they are working, the young person will be expected to cover an amount equal to Housing Benefit (single room rate) as well as their £20 contribution.
In circumstances where the young person is spending significant time away from the home, Community Foster Care will negotiate with the Local Authority a reduced retainer payment; this will be dependent on the time the young person will spend in the home.
8. Where Other Foster Children are Living in the Staying Put Arrangement
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.
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.
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.
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.