3.9.2 Personal Advisors |
AMENDMENTS
Please note that this chapter has only been changed to mirror the definitions in the Pathway Planning chapter.
Contents
1. Definitions
1. Eligible
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 are still Looked After. (This total does not include a series of pre-planned short-term placements of up to four weeks where the child has returned to the Parent or for a disabled child where care was for respite purposes only). There is a duty to support these young people up to the age of 18, wherever they are living.
The statutory definition and requirements to undertake a needs assessment, prepare a Pathway Plan, keep the Pathway Plan under review and appoint a Personal Adviser are now covered by Regulations 42, 43 and 44 of the Care Planning, Placement and Case Review Regulations 2010.
2. Relevant
They are aged 16 or 17 and are no longer Looked After, having previously been in the category of Eligible Young Person when Looked After. However, if after leaving the Looked After service, a young person returns Home for a period of 6 months or more to be cared for by a Parent or adult relative and the return Home has been formally agreed as successful, he or she will no longer be a "Relevant Young Person". A young person is also "Relevant" if, having been looked after for three months or more, he or she is then detained after their 16th birthday either in hospital, remand centre, young offenders' institution or secure training centre. There is a duty to support relevant young people up to the age of 18, wherever they are living.
The statutory definition and requirements to stay in touch with the young person, undertake a needs assessment (unless this was done when the young person was 'Eligible'), prepare and keep the Pathway Plan under review, appoint a Personal Adviser (unless this was done when the young person was 'Eligible') and provide accommodation and assistance to meet his or her needs in relation to education, training or employment are now covered by Regulations 4 to 9 of the Care Leavers (England) Regulations 2010.
At age 16 and 17 the child's social worker will act as their Personal Adviser. (Please refer to the relevant section of the Regulations.
3. Former Relevant Young People
They are aged 18 to 21 (or up to 24 if attending an agreed course in further or higher education), and have left the Looked After service having been previously either "eligible", "relevant" or both. There is a duty to consider the need to support these young people wherever they are living.
The statutory definition and requirements to stay in touch with the young person, keep the Pathway Plan under review, continue the appointment of a Personal Adviser and provide financial assistance near where the young person is employed or seeking employment/to enable the young person to pursue education or training remain unchanged they are now covered by Regulations 4 to 9 of the Care Leavers (England) Regulations 2010. These duties continue until the young person becomes 21 or, where the Pathway Plan sets out a programme of education or training beyond 21, they continue so long as the young person pursues the programme. The duty to pay a higher education bursary also continues, as before.
The duties of Local Authorities are extended in relation to Former Relevant Young People who inform the Local Authority of their wish to take up a programme of full time further or higher education after the age of 21 and under the age of 25. In relation to these young people, the Local authority has a duty to:
- Appoint a Personal Adviser;
- Carry out an assessment of the needs to determine what assistance (if any) it would be appropriate to provide;
- Prepare a Pathway Plan.
Give assistance to the extent that the young person's educational or training needs require it. The kinds of assistance are: contributing to expenses incurred by the young person in living near the place where s/he is, or will be, receiving education or training; or making a grant to enable the young person to meet expenses connected with his education and London Borough of Lambeth has a schedule of financial assistance that young people can expect in order to support them in further education.See Scheme for Payment of Higher Education Bursary to Care Leavers.
Costs are subject to agreement at the Placement Panel.
Any request for an interruption of education that would lead to an extension beyond the age of 25 will need to be presented to the Head of Service for Leaving Care for prior agreement. A written agreement will be set out with the young person regarding the basis for the interruption and a time limit for the resumption. Continuing education beyond the age of 25 will be seen as an exceptional situation based on particular individual needs.
In each case where a care leaver requests this support, the Local Authority will need to assess the appropriateness of the course and how it will help the young person to achieve his or her ambitions. The extent of the practical and financial assistance provided will reflect the type of course, whether full- or part-time, and the young person's existing income.
4. Qualifying Young People
They are over the age of 16 and under the age of 21, (or up to 24 if in full-time further or higher education, see 3, above), and have been Looked After or, if disabled, Privately Fostered after reaching 16, but do not qualify as Eligible, Relevant or Former Relevant. They may receive support, advice and assistance wherever they are living. They may also qualify if they are the subject of a Special Guardianship Order (SGO) and were Looked After immediately before the SGO was made.
5. Personal Adviser
A Personal Adviser is the person appointed to work with every Looked After young person, from the young person's 16th birthday, and will occupy a key role in providing support to the young person after he or she reaches 18. The Personal Adviser will hold a pivotal role in the planning and review of services as set out in the Pathway Plan.
At age 16 and 17 the Personal Adviser will be the allocated social worker as set out in Regulation.
At age 18 and above, the young person will be allocated a Personal Adviser who may be a qualified social worker. The case will also be allocated to a Senior Social Worker who will be responsible for the Review of the Pathway Plan.
6. Pathway Plan
The Pathway Plan sets out the route to the future for young people leaving the Looked After service and will state how their needs will be met in their path to independence. The plan will continue to be implemented and reviewed until they are 21; or up to 24 if completing an agreed course of education or training begun before they were 21.
2. Role of Personal Adviser
The key roles of the Personal Adviser are:
- To provide advice;
- To advise, deliver and monitor progress of the young person's Pathway Plan Assessment;
- To take a lead role in the preparation of the Pathway Plan;
- To participate in reviews of the Pathway Plan;
- To liaise with other agencies, including other local authorities in the implementation of the Pathway Plan and to advocate for the young person;
- To coordinate the provision of services under the Pathway Plan and take steps to ensure the young person makes use of such services;
- To keep informed about the young person's progress and well-being;
- To keep written records of contact with the young person.
Personal Advisers will maintain contact with the young person on a regular basis up to the age of 21 (or up to the age of 25 for those completing an agreed course of education or training). The level and nature of the contact will be specified in the young person's Pathway Plan.
At age 16 and 17, young people who remain Looked After will receive statutory visits from their allocated Social Worker/Personal Adviser according to the requirements set out in the Care Planning Regulations. This will be a minimum requirement.
At age 18 and over, the Personal Adviser will visit the young person within 7 days of accommodation being provided and at a minimum of every eight weeks as set out in the Regulations.) (Regulation 8.2). Again this is a minimum requirement and the actual levels of visiting will be set out in the Pathway Plan. If there is a need to change the regularity of visiting, this will be agreed with the young person.
Young people should be visited in advance of a Pathway Plan Review and they should be visited at the accommodation that is provided.Where a Personal Adviser loses touch with a young person, relevant agencies must be notified which may include another local authority, and all immediate practicable steps must be taken to re-establish contact.
The Personal Adviser will act as the principal source of contact in any matter relating to the Pathway Plan.
Once a Pathway Plan has been made, the Personal Adviser will monitor its progress through direct contact with the young person and with the agencies and individuals identified in the Plan as providing a service or being significant.
3. Leaving Care Flowchart
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