PART 5

Welfare of children

Staying put arrangements

Arrangements for living with former foster parents after reaching adulthood
98
1
The Children Act 1989 is amended as follows.
2
After section 23C (continuing functions in respect of former relevant children) insert—

Arrangements for certain former relevant children to continue to live with former foster parents
23CZA
1
Each local authority in England have the duties provided for in subsection (3) in relation to a staying put arrangement.
2
A “staying put arrangement” is an arrangement under which—
a
a person who is a former relevant child by virtue of section 23C(1)(b), and
b
a person (a “former foster parent”) who was the former relevant child's local authority foster parent immediately before the former relevant child ceased to be looked after by the local authority,
continue to live together after the former relevant child has ceased to be looked after.
3
It is the duty of the local authority (in discharging the duties in section 23C(3) and by other means)—
a
to monitor the staying put arrangement, and
b
to provide advice, assistance and support to the former relevant child and the former foster parent with a view to maintaining the staying put arrangement.
4
Support provided to the former foster parent under subsection (3)(b) must include financial support.
5
Subsection (3)(b) does not apply if the local authority consider that the staying put arrangement is not consistent with the welfare of the former relevant child.
6
The duties set out in subsection (3) subsist until the former relevant child reaches the age of 21.
3
In Part 2 of Schedule 2 (local authority support for looked after children) after paragraph 19B (preparation for ceasing to be looked after) insert—

Preparation for ceasing to be looked after: staying put arrangements
19BA
1
This paragraph applies in relation to an eligible child (within the meaning of paragraph 19B) who has been placed by a local authority in England with a local authority foster parent.
2
When carrying out the assessment of the child's needs in accordance with paragraph 19B(4), the local authority must determine whether it would be appropriate to provide advice, assistance and support under this Act in order to facilitate a staying put arrangement, and with a view to maintaining such an arrangement, after the local authority cease to look after him or her.
3
The local authority must provide advice, assistance and support under this Act in order to facilitate a staying put arrangement if—
a
the local authority determine under sub-paragraph (2) that it would be appropriate to do so, and
b
the eligible child and the local authority foster parent wish to make a staying put arrangement.
4
In this paragraph, “staying put arrangement” has the meaning given by section 23CZA.
S. 98 in force at 13.5.2014 by S.I. 2014/889, art. 5(e)