5.6.10 Assistant Directors of Social Services Southern Region Inter Authority Protocol for Care Leavers, July 2003

Purpose
Principles and Aims
Scope
Definitions
General Issues Concerning Young People Living Away from their Responsible Authority
Information Sharing - Young People
Information Sharing Between Authorities - Services etc.
Emergency Provision
Planned Service Provision
Complaints
Resolution of Disputes
Commencement, Duration and Review of Protocol

1. Purpose

1.1	The purpose of this document is to clarify how the signatories, as “responsible authorities”, will meet their responsibilities under the Children (Leaving Care) Act 2000 for eligible young people and care leavers who move between authorities.

2. Principles and Aims

2.1

The protocol will be applied in the context of the following statement which outlines the basic principles underpinning work with care leavers.

“We will aim to treat care leavers as if they were our own children. This means that we will:

make sure that young people know what our responsibilities towards them are;
make sure that young people know what their entitlements are;
have the highest expectations of them;
strive to ensure that they are not discriminated against; and
stick with them as they make the transition to adulthood.”

2.2

In accordance with these general principles and aims, the local authorities party to this protocol will seek to provide one another with the maximum assistance necessary to ensure that care leavers’ needs are met in the circumstances where care leavers who are the responsibility of one authority are living in the area of another.

2.3

The overall aim of the protocol is to facilitate inter-authority working through the early identification of care leavers living outside of their responsible authorities. Key elements of the protocol are:

named contacts for care leavers in each authority;
an agreed ‘minimum data set’ of information to be shared between authorities;
charging for the provision of short term emergency support and charging for other services by negotiation

3. Scope

3.1	Authorities party to this protocol are listed in Annex 1 (to be issued separately).
3.2	The protocol outlines arrangements concerning eligible, relevant and former relevant young people who are covered by the main provision of the Children (Leaving Care) Act 2000. It does not specifically cover arrangements concerning “qualifying” young people – i.e. those young people not covered by the Act, as described in paragraphs 16 and 21 to 35 of the regulations and guidance.

4. Definitions

4.1	The following definitions apply to terms used in this protocol. (The definitions are in the main based on those used in the Children (Leaving Care) Act 2000 but where the Act refers to 'child' of 'children' this has been changed to 'young person'.)
	4.1.1	Eligible young person: young people aged 16 or 17 who are looked after and have been looked after for an aggregate period of 13 weeks or more since their 14th birthday.
	4.1.2	Relevant young person: young people aged 16 or 17 who were eligible children but have ceased to be looked after.
	4.1.3	Former relevant young person: young people aged between 18 and 21 (25 in certain circumstances) who were eligible and/or relevant children.
	4.1.4	Care leaver: the term ‘care leaver’ is used in this document to describe both relevant and formerly relevant young people.
	4.1.5	Responsible authority: the local authority that is looking after an eligible young person or last looked after a care leaver.
	4.1.6	Host authority: the authority in which the young person is living if different to the responsible authority.
	4.1.7	The Act: refers to the Children (Leaving Care) Act 2000.

5. General Issues Concerning Young People Living Away From Their Responsible Authority

5.1	Parties to this protocol recognise that there may be good reasons for why a young person should plan to live outside of the area of their responsible authority. It is also recognised that services for young people may be under particular pressure in some authorities and it is not intended that this protocol should place undue strain or expectation on host authorities. It is acknowledged that the host authorities first priority will be to ensure that its ‘own’ young people are receiving proper support and services.
5.2	The expectation is that decisions to move to or remain in the area of another local authority will involve all the key stake holders and that plans for the young person are informed by a clear understanding of what is available to support them in the area.
5.3	This may include recognition by the responsible authority of the need to provide additional support to a young person where local services are already at capacity. It may also involve the responsible authority in actively seeking to dissuade a young person from living in another authority where there are serious doubts about the ability to support him/her adequately, or responding speedily to any wish by the young person to return to the responsible authority.

6. Information Sharing – Young People

6.1	It is recognised that good communication between authorities is fundamental to ensuring that the needs of eligible young people and care leavers who move between authorities are met. Effective arrangements for sharing information concerning the young persons needs and plans must be in place. Key elements of these information sharing arrangements are: a process for authorities to notify one another of moves by eligible children and care leavers between authorities; the identification of ‘named persons’ in each authority to whom notifications should be made; the establishment of a ‘minimum data set’ for information to be shared; arrangements within each authority party to this protocol to obtain consent to information sharing from young people
6.2	Notifications
	6.2.1	The responsible authority will notify the host authority in circumstances where: a young person looked after by them in the area of the host authority becomes an eligible young person; an eligible young person moves to the host authority; a care leaver moves to the host authority; and the host authority is not already involved in plans for the young persons change of status / impending move. The purpose of this notification is to ensure that host authorities are aware of eligible, relevant and former relevant young people who are in their area so that should a young person come to their attention there is minimum delay in identifying the responsible authority.
	6.2.2	In respect of 6.2.1 (a) notification should be made in advance of the young persons 16th birthday and at least in line with the responsible authorities policy and procedures in respect of referring eligible young people to its own care leavers services.
	6.2.3	Ideally, in respect of 6.2.1 (b) and (c), notifications will be made in advance of any move taking place and negotiations will have been carried out in respect of any service provision by the host authority. Where the move is unplanned or happens at very short notice the responsible authority will notify the host authority within one working day of the move taking place or of when it discovers the move has taken place.
	6.2.4	Where an authority becomes aware of an eligible young person or care leaver in their area for whom they are not the responsible authority they will notify the responsible authority within 1 working day of this fact becoming known to them. The responsible authority will confirm whether or not the young person is someone for whom they are the responsible authority within one working day of receiving the notification.
6.3	Named contact
	6.3.1	Each authority party to this protocol will identify a named person to whom the notifications described above should be made. Ideally this person will have a close connection with care leavers’ services in the authority (e.g. Team Manager of a Care Leavers Team etc.).
	6.3.2	Each authority will have in place effective internal arrangements for ensuring information received on young people is passed on and actioned appropriately within the authority.
	6.3.3	A list of named contacts is contained in Annex 1 to this protocol (to be issued separately).
6.4	Minimum data set
	6.4.1	The minimum data to be shared between authorities concerning the young person is: name, date of birth, ethnicity, legal status; dates of when the young person was looked after; details of significant family members including next of kin; any health or child protection concerns; details of Pathway Plan, including date of next review; name and contact details of the young persons adviser and social worker if appropriate.
	6.4.2	This information might most easily be shared through the mechanism of supplying copies of the Pathway Plan, the EIR2 relating to the young person (if applicable) and should ideally be accompanied, in appropriate circumstances, by a transfer summary showing the young persons current situation.
6.5	Consent to information sharing
	6.5.1	Each authority will have in place processes for routinely obtaining the consent of eligible young people / care leavers to sharing/seeking information concerning them on a strictly need to know basis with/from other agencies etc. Good practice would be to explain to the young person the reasons why such information sharing is in their best interest and encourage them to sign a consent form at the outset of the assessment for the Pathway Plan and to confirm the young persons continuing consent at subsequent reviews.

7. Information Sharing Between Authorities – Services etc.

7.1	If requested, each authority party to this protocol will make available to the other authorities general information concerning its service provision for eligible young people and care leavers for whom it is the responsible authority. This information will include any information produced for young people about local services and resources.
7.2	Responsible authorities may make use of this information in discussion with young people who are considering moving to the area of another authority.

8. Emergency Provision

8.1	Where a care leaver requests, or is found to be in need of, immediate advice and assistance outside the area of their responsible authority, the host authority will meet the young persons basic needs for the minimum period necessary to establish contact with the responsible authority and to agree appropriate plans for the young person.
8.2	Contact with the responsible authority will be made within one working day of the young person coming to the attention of the host authority.
8.3	In these circumstances, the host authority may recover from the responsible authority any costs associated with providing immediate assistance to the young person in terms of food, clothing and accommodation.

9. Planned Service Provision

9.1	Responsible authorities may approach host authorities with requests for assistance (Assistance in this respect might include provision of Personal Advisors, mentoring or other social work support or administering support packages on behalf of the responsible authority) in discharging some or all of their duties under the Act in respect of young people living within the area of the host authority. Ideally such approaches will be made sufficiently far in advance of the young person needing the service to allow for the necessary negotiation and agreement to be reached.
9.2	Such requests will receive favourable consideration by the host authority but it is accepted that there is no obligation on any authority party to this protocol to provide services to young people on behalf of any other authority except in emergencies as described in Section 8, Emergency Provision above.
9.3	Where a host authority is able and willing to supply services on behalf of a responsible authority this will be subject to individual negotiation and service level agreement as appropriate. It is anticipated that such services will normally be provided in circumstances where the host authority has the capacity within its existing provision to provide them and therefore no charge will be levied on the responsible authority.
9.4	However, the responsible authority will remain financially responsible for the support package to the young person in terms of accommodation and subsistence costs, personal allowances, grants and purchases etc. and, if appropriate, the mechanisms for transferring funds for these purposes should be covered in the agreement referred to in 9.3.
9.5	Subject to the young persons individual needs and circumstances, the level of support provided to a young person living outside the responsible authority should be at least equivalent to the minimum standards laid down by the responsible authority.

10. Complaints

10.1

Local authorities party to this protocol will ensure that eligible young people and care leavers for whom they are the responsible authority are aware of the procedures in place for them to make complaints and representations in respect of the services that they receive from the responsible authority.

10.2

Where a young person is living in another authority and receiving some or all of their support from that authority, the agreement by which that support is provided will make explicit to all concerned the procedure to be followed by the young person in the event of a complaint about services provided by the host authority. The normal expectation will be that the responsible authority should handle the complaint in the first instance although the host authority could be approached to make some enquiries on behalf of the responsible authority, depending on the nature of the complaint.

11. Resolution of Disputes

11.1	Every attempt should be made to resolve any dispute between authorities in connection with the application of this protocol at the level at which it arises.
11.2	If the matter cannot be resolved at this level it should be referred to the Assistant Directors, Children and Families of the authorities concerned for resolution.

12. Commencement, Duration and Review of This Protocol

12.1	This protocol will operate from 31st July 2003. It will be in operation for an initial period of twelve months during which time the authorities party to the protocol will monitor its application in their authorities.
12.2	The authorities party to the protocol will meet quarterly to share experiences of the application of the protocol in practice and to agree any immediate changes necessary to ensure that young peoples needs are met effectively.
12.3	At the third quarterly meeting a decision will be made with a view to determining whether or not the protocol is to be extended beyond July 2004 and if necessary to agree amendments to it.

Click here to view the simplified flow chart outlining the main elements of the ADSS Southern Region Care Leavers Protocol

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