PST

The Children and Families Act 2014 (section 98) made amendments to the Children Act 1989 by inserting section 23CZA.  Although local authorities can provide ‘staying put’ type arrangements to any care leaver, a legal requirement was placed on local authorities to advise, assist and support both the young person and their former foster carers when they wish to stay living together after the ‘former relevant child’ reaches their 18^th birthday. This is known as a ‘staying put arrangement’.

The fostering regulations require criminal records checks to be made in respect of anyone applying to become a foster carer and all members of their household aged 18 and over. This is done by means of a check with the Disclosure and Barring Service (DBS). It is established practice for fostering services to update DBS checks at regular intervals.

For most young people, family life does not impose a rigid timetable in respect of the realisation of independence; it is not a ‘one off’ event but is a cumulative process based on life experiences, learning and opportunities. As a consequence the support to a young person needs to be tailored to their individual needs and sensitive consideration should be given to helping the individual navigate their way through the processes for benefits, employment, tax and tenancy agreements.  

The local authority will be required to evidence that each staying put arrangement meets ‘basic standards’. It is the local authority’s responsibility to provide (whether directly or through commissioned services) support to both the young person and to the former foster carers. This includes foster carers approved and supported by independent fostering providers. The levels of support to be provided should take account of the individual circumstances and needs.

Agreements

Policies should cover staying put arrangements whether with local authority or independent fostering provider foster carers.

It is essential that local authority and independent fostering providers establish joint protocols in respect of staying put. The protocols should be flexible to ensure that they take account of the individual circumstances and needs, including clear reference to staying put as a post-18 option for a young person as part of their agreed care plan/pathway plan.

It is essential that the local authority and independent fostering provider staying put policy details how foster placements become staying put arrangements.

Staying put should be introduced as an option in the continuum of care for all children in care who are living in long-term foster care placements and for all those young people who enter the care system at the age of 15 and above.

It is imperative that all stakeholders are clear regarding the roles, responsibilities and expectations of all parties in staying put arrangements. All local authorities in England should have a staying put policy which is published and accessible; all independent fostering providers should also publish their policies. Local authorities should ensure that all fostering services, foster carers and eligible young people are aware of their local staying put policy. The policy should clearly state the local authority’s approach and must be compliant with the statutory framework.