Memorandum submitted by What Makes The
Difference? (WMTD) and the National Leaving Care Advisory Service
(NLCAS)
SUMMARY
What Makes The Difference? (WMTD) and the National
Leaving Care Advisory Service (NCLAS) are strongly supportive
of the majority of the provisions in the Children and Young Persons
Bill. However we believe the provisions in the Bill can be strengthened
in a number of ways to improve outcomes for young people in and
leaving care.
We are proposing amendments to the Bill on the
following issues:
— Stability in Visiting Arrangements.
— Extension of Visiting Provisions
to Care Leavers.
— Extension of Entitlement of Payment
in Respect of Higher Education.
— Publication of Entitlement of Payment
in Respect of Higher Education.
— Transitional Status for Care Leavers.
— A Duty to provide sufficient accommodation.
— Regulation of supported accommodation
and post-18 foster care placements.
— Independent Reviewing Officers.
We hope the Committee will support our suggestions.
1. ABOUT US
1.1 The National Leaving Care Advisory Service
has the single focus of policy and practice in relation to young
people as they prepare to move on from care and have left care.
It provides a range of information, advice and project services
to policy makers and service providers.
1.2 What Makes The Difference? (WMTD) is
a project that is working to identify ways to improve poor outcomes
for older children in care and leaving care in England. WMTD is
a large partnership involving 60 organisations from national and
local government, voluntary and independent sectors and is partly
funded by the European Social Fund EQUAL initiative. To facilitate
success, young people from care are at the heart of every part
of the project.
1.3 The National Leaving Care Advisory Service
is part of Rainer, the young people's charity. Rainer is the lead
partner in What Makes the Difference?
2. OUR POSITION
ON THE
CHILDREN AND
YOUNG PERSON'S
BILL
2.1 The National Leaving Care Advisory Service
supports the aims of Care Matters and the Children and Young Persons
Bill. We believe that its provisions will bring positive benefits
for children in care and young people moving on from care.
2.2 In particular we support:
— The right to be given to young people
to stay in care to 18.
— The extension of placements with
foster carers beyond 18.
— The right to a leaving care personal
advisor to 25 for those care leavers in education.
— The entitlement of young people in
higher education to a bursary.
However, we believe the provisions in the Bill
can be strengthened in a number of ways to improve outcomes for
young people in and leaving care. These are outlined below.
3. STABILITY
IN VISITING
ARRANGEMENTS
3.1 We strongly welcome the move to formalise
the arrangements for visiting children and young people in care.
However, we believe that, in order for this to be of maximum benefit,
these visitors should be the child's lead professional, and must
be known to the child.
3.2 Our research has highlighted the importance
that relationships have in making the difference for young people
in care. Good relationships will provide the attachment that these
young people need to succeed. However, young people have told
us how difficult they find it to form these relationships as a
result of the large number and high turnover of professionals
who deal with them.
3.3 As some of the young people we interviewed
as part of our peer research project explained:
"There's a huge network of people and you're
just confused. You don't know who's who".
"You can't keep up with all the changes.
You can't keep up with a support worker and a social worker and
a PA and a foster carer".
"I've had too many social workers to care".
3.4 We are concerned that local authorities
may assign people as visitors who do not play any other role in
the child's life which would both limit the value of these visits
and introduce yet another professional into a child's life.
3.5 An amendment designed to ensure that
the worthy intentions behind the provisions on visiting actually
benefit the child and do not result in another unstable and changing
presence in their life could be:
Clause 13, amending the 1989 Act: in Clause 23ZA
(5), page 11, line 14, after "must" insert:
"(a)"
Clause 13, amending the 1989 Act: in Clause 23ZA
(5), page 11, line 16, at end insert:
"(b) ensure that, except in exceptional
circumstances, the person chosen is the child's lead professional;
and
(c) ensure that, except in exceptional circumstances,
the person chosen is known by the child".
4. EXTENSION
OF VISITING
PROVISIONS TO
CARE LEAVERS
4.1 At present, local authorities have a
large amount of discretion over their visitation policy for care
leavers. We believe that, in order to secure their successful
transition to adult life, local authorities should guarantee care
leavers that they will have regular visits from their Personal
Adviser.
4.2 While we are aware that some local authorities
have such schemes in place, we also know that in some areas young
care leavers are slipping through the net at a time when they
are most vulnerable. One of the care leavers we worked with told
us about his experience:
"Support from my leaving care worker was
diabolical. The area I was living was half an hour's drive from
the area where my leaving care worker was based. And I think in
the two years I was there, she came to see me twice".
"I didn't understand the point of her being
my leaving care worker. She didn't help me. The simple things
could have made all the difference. One phone call each week to
say, How are you? How are things going? The leaving care worker
is meant to be like a parent, kind of thing. And normal parents
would care".
4.3 This amendment is designed to formalise
the visiting arrangements for care leavers in the same way as
is proposed for children in care could be:
5. THE PLEDGE
5.1 The Pledge was introduced as a proposal
in the Care Matters Green Paper in October 2006. It is a promise
from a local authority to all of its children in care, including
care leavers, detailing what it will provide for them in terms
of its services and support. The proposal was overwhelmingly supported
by young people during the consultation period for the Green Paper,
although they had some strong caveats regarding how they should
be involved in the process of developing it if it was to be effective.
5.2 We strongly believe that the process
behind developing the pledge is as critical as the content. There
is no "one size fits all" answer, and the success of
the pledge will depend on whether local authorities take into
account the particular issues in their area, listen to the needs
of their children and take into account the things that matter
to them.
5.3 In addition to ensuring that the pledge
meets their needs, involving young people in its development could
have significant additional benefits. All our research shows that
children in and leaving care have better outcomes when they are
empowered to act positively and effect change in their own lives.
The process of involvement in the pledge sends a message to young
people about their importance and the local authority's determination
to place them at the centre of their own care. It will also offer
the children and young people the opportunity to develop new skills
and establish strong self-esteem.
5.4 From November 2006 to January 2007,
WMTD ran four regional consultation events with young people on
the Green Paper. Young people shared their views on the Pledge
proposal:
"If our corporate parents want us to feel
special and cared for, they need to listen to us. The Pledge could
help them to do this".
"The current system is unfair. They always
seem to think they know best".
"The Pledge is a good idea, as long as it's
not a token gesture and local authorities actually stick to it".
"It's our Pledge too, so we should have
a say on what's in it".
"Corporate parents spend too much time trying
to provide services they think are good without asking us what
we want. The Pledge is a chance to change this and let us have
our say".
5.5 We propose a probing amendment to establish
the Government's thinking on the guidance they will provide on
the Pledge. It is intended to secure a commitment from the Government
that local authorities will all be required to develop their own
pledge, and that they will work with young people to do so. We
suggest:
After Clause 16, page 13, line 38, insert NEW
CLAUSE:
"The Pledge"
NEW CLAUSE: In developing their pledges, local authorities
must:
(a) Ensure that they consider and address the
needs of children and young people in care in their authority
area; and
(b) Ensure that the children and young people
in care in their authority area are actively consulted and involved.
6. EXTENSION
OF ENTITLEMENT
OF PAYMENT
IN RESPECT
OF HIGHER
EDUCATION
6.1 WMTD and NLCAS strongly welcome the
provisions to make payments to care leavers who are pursuing higher
education. However, we believe that these provisions should be
extended to include those care leavers who wish to pursue further
education, apprenticeships and vocational training.
6.2 The poor statistics relating to the
educational achievements of children and young people in care
are well known. According to Government statistics:
— 66% of children in care did not gain
a single GCSE or GNVQ.
— Only 7% obtained at least 5 GCSEs
at grade A* to C.
— At age 19, 26% of care leavers are
in further education and only 6% are in higher education.
— 29% of care leavers are not in education,
training or employment at age 19.
6.3 Care experience young people told us
about some of the issues they faced at school:
"I had too many personal issues, so school
was never a priority".
"I got bullied at school, got told that
`family don't love you'".
"I lived too far away from my school when
I should have been taking my GCSEs".
"When I went into care, I felt like no one
cared anymore. So I became really bad at school, I got kicked
out".
6.4 Given the barriers that young people
in care have to overcome to succeed, it is clear to us that the
Government should be doing everything possible to encourage care
leavers to pursue further education or training. While it is of
course admirable to promote higher education it needs to be realised
that, when 66% of care leavers do not gain a single GCSE, this
is simply beyond the reach of many of these young people. In contrast,
further education, apprenticeships and vocational training could
make a real difference to improving the life chances of care leavers.
6.5 As a result we would propose that the
payment proposed for those going on to higher education is extended
to include all those care leavers who want to continue with their
education, or develop their skills through apprenticeships and
vocational training. This will allow care leavers the resources
to invest in their future. An amendment could read:
Clause 18, page 14, line 42, at end insert:
"further education, apprenticeships and vocational
training".
Clause 18 (2), page 15, line 3, after "higher
education" insert:
"further education, apprenticeships and vocational
training".
Clause 18 (2), page 15, line 8, after "higher
education" insert:
"further education, apprenticeships and vocational
training".
7. PUBLICATION
OF ENTITLEMENT
OF PAYMENT
7.1 We believe that local authorities do
their utmost to ensure that care leavers are aware of these new
provisions in order that they can benefit fully from them. An
amendment designed to ensure this could be:
Clause 18 (2), page 15, line 15, at end insert:
"(5D) It is the duty of the local authority
to ensure that every reasonable effort is made to publicise this
entitlement and ensure that care leavers are aware of its existence".
8. TRANSITIONAL
STATUS
8.1 We strongly support the proposals by
Barnardo's which recommend a transitional stage for young people
leaving care.
8.2 The average young person does not leave
home until 24, and will usually go safe in the knowledge that
they can call on their parents for advice and support. Care leavers
do not have this safety net and their outcomes in employment,
education, housing and health indicate significant failings in
their preparation and readiness for adult life. Indeed, WMTD's
peer research showed that 38% of young people with care experience
believe they are simply left to "get on with it" without
any input or preparation when the time came to live independently.
8.3 Young care leavers we spoke to expressed
their concerns about the transition to independent living:
"You need to live your childhood rather
than become an adult before you should".
"I wasn't prepared in any way for independent
living. I knew there was so much I couldn't do".
"The biggest issue for me was the loneliness.
You're suddenly on your own".
"It's difficult when you stop getting any
support. It took me a while to get sorted, and now I know where
I want to be. But I went to my Housing Association and they said
they can't help me cos I'm over 21 so I'm not on the priority
list".
8.4 A new transitional status for care leavers
would go some way to providing a much needed safety net for these
young people and could do wonders in boosting their chances of
developing a successful independent life.
8.5 It is proposed that this new approach
has three main elements:
(i) A new transitional status for young people
leaving care between the age of 16-21 years that becomes relevant
whenever they leave care and that provides the same degree of
care and protection to them without labelling them as a young
person "in care".
(ii) An Accommodation and Support Strategy
for Care Leavers 16-25 years, including care and transitional
accommodation up to age 21 and supported accommodation up to age
25.
(iii) A guarantee of employment, education
or training placement for all young people in transition of leaving
care, up to age 21 years.
9. A DUTY TO
PROVIDE SUFFICIENT
ACCOMMODATION
9.1 Good suitable accommodation is still
the foundation on which young people's future stability their
education success and participation in the job market depends.
However young people who have been in care are still overrepresented
in those young people who are homeless. In Life After Care
(Joseph Rowntree 2005) 36% of young people reported being homeless
at some time in the year after leaving care.
9.2 Though its work with local authorities
around the country, the National Leaving Care Advisory Service
knows that the availability of both supported accommodation and
permanent accommodation varies greatly between local authorities.
This can be explained in part by local housing shortages and the
local market. However it is also caused by inconsistent planning
and provision of accommodation with support and the quality of
cooperation between children's services and local housing authorities.
Often it is simply a failure to plan for something that it is
known that almost all young people will need.
9.3 In Care Matters the Government made
a commitment to introducing a duty on local authorities to provide
a sufficient and diverse provision of quality placements within
their local area.
9.4 This duty is not in the Bill as published.
We support the proposals of the Fostering Network and British
Association of Adoption and Fostering to amend the Bill to include
this provision but would wish to see the duty extended so that
its remit includes in the definition of placement accommodation
for young people moving on from care whilst they are receiving
services under the Children (Leaving Care) Act.
10. REGULATION
OF SUPPORTED
ACCOMMODATION AND
POST 18 FOSTER
CARE PLACEMENTS
10.1 Post-18 foster placements
In many local authorities there is already the
opportunity for young people to remain with foster carers beyond
18 and Care Matters proposes that eventually this will be available
to many more young people. The arrangement however, is informal
and unregulated. Many young people live in supported lodgings
arrangements, but these are unregulated and their status for young
people age 16 and 17 unclear.
10.2 Supported accommodation
Similarly, most supported accommodation for
young people is not covered by Ofsted regulation and inspection.
We would like to see an amendment to the Bill requiring the issuing
of regulations covering all accommodation and placements used
by young people as they move from care to independence.
11. INDEPENDENT
REVIEWING OFFICERS
11.1 The Bill strengthens the role of Independent
Reviewing Officers in relation to looked-after children. We believe
that IRO's can provide an important safeguard against the neglect
of children in care. Their responsibilities only extend to reviewing
the treatment of children whilst they are still looked-after.
11.2 We would like to see an amendment to
the Bill that would extend the responsibilities of IROs to participate
in pathway plan reviews and monitor the implementation of plans
in the same way they would for all children and young people in
care.
February 2008
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