Submission to TUSLA On Review of National Leaving and

Submission to TUSLA
On
Review of National Leaving and Aftercare Policy 2011
1
Introduction
EPIC welcomes this opportunity to provide input into the current review of the National Leaving
and Aftercare Policy, 2011. This review is timely with the pending commencement of the new
Aftercare legislation under the Child Care (Amendment) Act 2015 which provides for a statutory
entitlement for young people1 in care to have an aftercare plan prior to leaving care. The
National Leaving and Aftercare Policy, 2011 should now be aligned to match the amended
legislation. The policy should reflect on, and review the current eligibility criteria for aftercare
which will be further explored in the ‘Eligibility Criteria’ section contained in this document.
In 2015, EPIC’s National Advocacy Service had 451 Advocacy Cases. EPIC worked directly with 63
young people in aftercare and 44 young people post-leaving care. EPIC had other forms of
engagement with approximately 300-500 young people through our Youth Engagement
Programme, Participation Programme and through various social activities and events hosted
throughout the year.
Some of the key issues for young people presenting to EPIC’s National Advocacy Service continue
to be the lack of adequate preparation for young people upon leaving care (e.g. no aftercare plan
in place, no allocated aftercare worker) and the inconsistent provision of aftercare services
throughout the country. The main presenting issues continued to be related to ‘Aftercare
Planning’ (37 Advocacy Cases), ‘Homelessness’ (26 Advocacy Cases) and ‘Accommodation’ (13
Advocacy Cases), ‘Education’ (18 Advocacy Cases).2
EPIC believes that the review of the National Leaving and Aftercare Policy, 2011 should include
review of the implementation of the policy in different administrative areas. This would identify
gaps in services and facilitate development of the policy to enable more equitable aftercare
services. EPIC believes as part of the review of the National Leaving and Aftercare Policy, 2011,
young people should be consulted on aftercare service provision and facilitated to give their
views on their own experiences. This should include, where possible, young people who did not
fully engage with aftercare services.
EPIC is of the view that the State must go further in ensuring the protection of young people with
care experience. The information provided in this document highlights the key issues experienced
by young people accessing and engaging with EPIC’s National Advocacy Service. Four key areas
have been identified which include: Preparation for Leaving Care and Aftercare, Payments and
Financial Considerations, Access to Supports and Services and Education.
1
‘Young people’ throughout the document refers to young people who have care experience.
This data only reflects the ‘main presenting issue’ to EPIC’s Advocacy Service, in many instances around aftercare
planning also presents as a secondary issue in Advocacy Cases.
2
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1. Preparation for Leaving Care and Aftercare
Eligibility Criteria for Aftercare Services
The ‘eligibility’ criteria for young people in the National Leaving and Aftercare Policy, 2011 should
be aligned with the Child Care (Amendment) Act 2015. The eligibility criteria should also be
expanded to include the following cohorts:
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Young people under Section 5 of the Child Care Act 1991
Young people who have been taken into care for less than 12 months.3
EPIC has worked with young people who have not met the current eligibility requirements and
are not entitled to any aftercare services. As a result, in many cases, these young people have
gone directly from care into homeless services. These groups of young people are some of the
most vulnerable with little or no familial supports. There is a lack of understanding about the
challenges facing these young people when leaving care and the impact of having no aftercare
supports.
Assessment of Need
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A consistent, holistic approach to assessment of need (based on a young person’s ability
to live on their own) needs to be put in place.
Assessments of need should be based on the identified needs of a young person and not
dependent upon the resources available.
Preparation should be undertaken with the young person prior to leaving care.
Clearer guidelines and information should be accessible on the assessment process and
available to young people, residential and aftercare workers and foster carers.
A young person should have the right to a review of their assessment if their
circumstances change. A young person should also have a clear mechanism to appeal any
decision made.
Need for training of Social Workers and Aftercare Workers in order to provide a
consistent and equitable approach to needs assessment in all areas.
Referrals to Leaving and Aftercare Services
EPIC is aware of the following issues experienced by young people through our National
Advocacy Service:
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Referrals made very late/standard referrals at 16 in line with policy not occurring in many
cases. In some cases the young person has not been referred prior to reaching 18, with no
allocated aftercare worker, no aftercare plan or placement.
Aftercare plans being rushed
Lack of information on entitlements
3
By comparison, the main eligibility criterion in Northern Ireland for aftercare support is a period of 13 weeks in care
from the age of 14 years.
3
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Inconsistency of services in different areas. Lack of resources in particular areas
No allocated Social Worker resulting in aftercare planning not being done.
As outlined in the amended legislation, ‘the timing of the aftercare plan shall be completed no
later than 6 months before the child attains the age of 18.’ This should also be reflected and
incorporated into the National Leaving and Aftercare Policy where referrals should be made as
early as possible. This should facilitate proper aftercare planning. Adequate resources should be
available in order to ensure for implementation of the aftercare plan in accordance with assessed
needs.
Roles and Responsibilities
In terms of roles and responsibilities, EPIC calls for:
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A clearer definition of ‘aftercare’ and the roles and responsibilities of aftercare workers
and social workers. Information and clarity of these roles should be available on Tusla’s
website/aftercare hub.
EPIC would like to highlight the consequences of a young person not having a Social
Worker at critical times where young person is unaware of supports and services available
to them. There are currently waiting lists for allocation of an Aftercare Worker/Aftercare
Service throughout the country.
A need for Aftercare Workers to link in with young people at the age of 16. Policy states
that young people should be referred at 16 and linked in with an Aftercare Worker.4 In
some areas Social Workers are acting as Aftercare Workers without the experience,
knowledge or training to meet the needs of young people.
There is a lack of information regarding aftercare entitlements and dissemination to
Professionals and Young People about the Policy e.g. financial supports, SUSI grant
requirements. EPIC believes there is a need to develop a leaflet for young people and
professionals to address this gap and would be happy to facilitate consultations with
young people on what should be included in the leaflet.
A protocol needs to be agreed between Tusla and the HSE to clarify roles and
responsibilities of both agencies in relation to young people with disabilities.
Models of Service Delivery
“Ensure all young people leaving care, detention or residential disability settings are
adequately prepared and supported to negotiate the system and transition to stable
independent living, further education, training or employment through the development
and implementation of a quality aftercare plan and the development of protocols in
relation to access to housing, education and training.” (Section G37)
4
A research report published by EPIC in 2012 involving Aftercare Workers in North Dublin, some of whom reported
that they started to work with young people after they turned 18 due to waiting lists in the area. This still remains
the case. Anecdotal evidence suggests that there are views by aftercare workers that their role does not commence
until the young person is 18.
4
The State commitment to young people leaving care is outlined above in the National Children
and Young People’s Framework, Better Outcomes, Brighter Futures. EPIC currently sees
inconsistencies in the provision of aftercare services throughout the country. Service delivery
should be equitable and standardised with flexibility inbuilt into the policy. All young people
should receive a fully comprehensive aftercare service based on their needs.
Through EPIC’s Advocacy work with young people, we are aware of the following issues for young
people preparing to leave care:
Preparation and Transition
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Uncertainty for 16 and 17 year olds regarding where they will live upon turning 18. This
puts additional stress on this cohort of young people while preparing to undertake State
Examinations. EPIC welcomes the obligation in the legislation that an aftercare plan must
be completed no later than six months prior to the child’s 18 th birthday and believes that
this should also be reflected in the National Leaving and Aftercare Policy 2011, where the
aftercare plan can be reviewed and amended when necessary.
Need for preparation of an Aftercare Plan and an allocated Aftercare Worker to ensure
implementation of the plan. EPIC’s direct engagement with young people shows that
some young people still have not met with their Aftercare Worker two or three months
prior to leaving State Care, with some young people who have reached 18 still having no
allocated aftercare worker.
Young people should be facilitated to stay on in their current placement until they finish
their Leaving Certificate and have a plan in place to move on. Flexibility is needed for
particularly during State Examination years e.g. placements should be extended until after
the Leaving Certificate or upon young people receiving college offers.
Limited input by young people in many cases in relation to their aftercare plans. Having
“buy-in” from a young person means a greater likelihood that the young person will
engage with the Aftercare Service.
There is a lack of supports when leaving care and need for a longer transition period in
some cases e.g. where a young person has a disability. Young people in care leave home
at 18, compared to their peers, where the average age for a female leaving home is 25
and for a male age 26.5
Young people need to be equipped with basic life skills to manage aftercare. 6 Budgeting
skills and dealing with State agencies were identified as areas where many young people
needed additional support.
5
Some of the young people who were interviewed as part of EPIC’s research (2012) said that they did not feel ready
to leave care at the age of 18 and preparation tended to be rushed. Other research carried out in the UK has
recommended that young people leaving care should be given the opportunity to experience a more gradual
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transition from care that is similar to that of their peers (Stein and Munro, 2008).
6
This commitment was made in Action 69 of the Ryan Report.
5
Accommodation
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Lack of supported accommodation options available upon leaving care. An increase in the
provision of supported accommodation with graduated levels of support was one of the
recommendations of EPIC’s research7 on young people leaving care.
Creating a range of accommodation options should be prioritised and resourced e.g. more
supported lodging placements need to be available, specific recruitment drive for foster
carers for young people in aftercare.
The purpose and function of residential centres should be reviewed by HIQA to address
the issue where young people in residential care must leave at 18 i.e. when they become
adults. Young people should have the option of staying in their placement 18+, whether in
foster care or residential care.
Lack of planning and extensions can cause issues for young people. Private residential
centres provide a maximum extension period of 3-6 months. Aftercare should not be
dependent upon the young person’s care setting.
EPIC welcomes in the legislation that the Health Board may assist ‘by co-operating with
housing authorities in planning accommodation for children leaving care on reaching the
age of 18 years’ but believes that this should be strengthened and prioritise Care Leavers’
access to social housing.
Aftercare
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Young people leaving care are exceptionally vulnerable. Often young people may choose
to disengage with aftercare in the beginning. However, every reasonable effort should be
made to encourage young people to engage/re-engage in aftercare.
Consideration should be given to allowing young people to have aftercare support for any
three years up until the age of 25 e.g. if the young person does not engage at 18.
Consistent adequate aftercare service provision for young people throughout the country
including the timely allocation of an Aftercare Worker in all local health office areas.
Enabling young people to access aftercare regardless of where they live. For example a
young person may have moved and be settled in Dublin but the local area will only
provide support in the young person’s area of origin. There are also an increasing number
of young people being placed out of their Local Area who wish either to return to their
area of origin or in some cases, where they are happy and settled, to remain where they
are. These issues need to be recognised and addressed through facilitation of budget
transfers within different administrative areas.
Housing Assistance Payment needs to be increased and young people with care
experience need to be able to access this.
7
EPIC (2012) My Voice Has to be Heard: Outcomes for Young People Leaving Care in North Dublin
http://bit.ly/2a9H4gM (accessed 18/07/16) Since this research was completed in 2012, approximately 100
supported accommodation placements are no longer available to young people in aftercare in North Dublin due
to the changed remit of St. Catherine’s Foyer and closure of the YMCA.
6
Homelessness
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There is a need to address the number of young people with care experience who are
moving directly into homeless services. There should be a commitment in the revised
National Leaving and Aftercare Policy that no young person will leave care until suitable
accommodation has been found. No young person with a disability will go from care
into homeless services.
2. Payment and Financial Considerations
There is a need for clearer guidelines and criteria on financial payments so young people,
professionals and foster carers are aware of these entitlements. These include:
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Development of clear criteria on aftercare payments. Young people need to know exactly
what they are entitled to. The administration of payments is not always clear for example,
whether the payment is available to a young person if he/she returns home.
Community Welfare Officers should be aware and informed of young people’s
entitlements to social welfare and other financial supports.
There needs to be clarity about how the aftercare allowance is split between young
people and their foster carers.
Social welfare payment reduction for young people aged 24-25 to €144 is an anomaly and
the amount should be increased to €188.
Payments should reflect high rental accommodation costs in cities.
Young people who are in full-time education should receive payments during holiday
periods taking into account rent payments. For example, some young people are not in
receipt of financial support during the Summer time and as a result are unable to sustain
their accommodation. EPIC is aware of young people who have become homeless as a
result of the lack of financial support available to them. In some cases, this has resulted in
young people dropping out of college.
Consideration should be given to develop a specific grant for young people in care at a
higher rate.
Clarity of information in respect of the education grant. For example is the aftercare
allowance deducted by the amount of grant a young person receives?
Prioritising Young People
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Consideration should be given to a young person’s care status in order to make it easier
for young people to access entitlements and services e.g. a specific PPS number in order
to make it easier to access mental health services, drug rehabilitation, social protection,
etc.
EPIC believes that this cohort of young people should be given additional allocated points
for prioritisation on the social housing list due to lack of familial supports, no family home,
more vulnerable and leave “home” at an earlier age than their peers.
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3. Accessing Supports and Services
Young People who disengage
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Some local areas will support young people under the ‘exceptional circumstances’ clausethis should be streamlined and needs to occur in all areas.
Supports for young people not in education or those not engaging with aftercare services
need to be addressed. These young people are often the most vulnerable and need
support, advice, guidance and signposting to other services.
Parental Supports
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Greater and more specific supports (particularly for young mothers with intellectual
disabilities) throughout pregnancy and post-birth) for young parents with children.
Furthermore, young parents should receive the necessary supports to fully participate in
Parental Capacity Assessments.
Appropriate and suitable accommodation and aftercare placements available to this
cohort of Care Leavers.
Interdepartmental Co-ordination
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The development of interdepartmental protocols is required to ensure that service
provision is seamless. For example, the need for greater co-ordination and allocation of
responsibility for young people with special needs between Tusla and HSE Disability
Services, Mental Health Services, with the Departments of Social Protection and
Education, and local authorities in relation to housing. Early planning and longer transition
are factors that need to be especially prioritised. As outlined in the National Children and
Young Person’s Framework, Better Outcomes, Brighter Futures: “Bring a stronger focus on
effective transitions particularly within education, health, child welfare and youth justice
services.” (Section G33)
Working protocols between the HSE and Disability Services. Currently, in some cases,
issues prevail around who is responsible for what e.g. HSE Disability Services or Tusla. This
has been a consistent issue. This has caused incredible distress for young people and their
families. A co-ordinated young-person focused response is required.
Need for both Tusla and the HSE to work together and train up disability specific aftercare
workers to deliver services to young people with intellectual disabilities and sensory
disabilities.
Greater co-ordination between Tusla and Mental Health Services.8
Disability
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The expansion of specialist service provision is required for young people leaving care
with disabilities, in particular, education programmes for young people above the age of
As outlined in the Ryan Report under Action 68: ‘The HSE will ensure that aftercare planning identifies key workers in
other health services to which a young person is referred for example, disability and mental health services.’
8
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20. DIAL, a specialist service in Limerick provides aftercare and accommodation for young
people with intellectual disabilities is a good model of practice, more information
available here http://www.novas.ie/dial-house/
Early planning, appropriate, follow-on placements and longer transitions for young people
with disabilities upon leaving care.
Addiction Issues
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More robust services necessary for young people in aftercare with addiction issues
especially accommodation for example models of support such as Peters Place however
this currently can only be accessed via CPS homeless service.
Mental Health and Accessing Counselling Services
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Number of young people on waiting lists and transfer to adult mental health services at
18 is very difficult for young people. Consideration should be given to CAMHS offering an
Aftercare Service up until the age of 21. Young people who have care experience with
mental health issues need direct access to youth-friendly mental health services.
Young people leaving care with mental health needs should be directed by the assigned
person from the HSE to these services as part of the aftercare plan where this group
should be prioritised in terms of accessing mental health supports.
Young people who are particularly vulnerable and who have experienced severe abuse,
neglect with identified needs for counselling, psychology and other specialised
therapeutic interventions should be prioritised to avail of these services, after 18,
regardless of their age and to continue accessing these services where they were referred
whilst still in care.
Asylum seeking young people leaving care
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Aftercare Workers and Social Workers should develop plans of action in the case of a
young person turning 18 and ensure issues around the young person’s status, passports
and nationality are addressed.
Cultural needs of separated young people need greater awareness and understanding by
carers/professionals.
Access to Third Level Educational Grants for Young People with ‘Leave to Remain’ Status.
There is currently a loophole in the legislation where young people with leave to remain
status are not eligible to apply for third level education grants.
Employ specialised aftercare workers trained in working with young people seeking
asylum.
4. Education
Guidance on the SUSI Grant System
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All young people leaving care should be automatically entitled to the full SUSI grant as in
the UK and Scotland. It is welcome that the SUSI website in Ireland is now more ‘care’
friendly. Consideration should be given to create an additional higher payment grant
specifically for young people who have been in care.
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Application for SUSI needs to be timely to ensure that young people in aftercare receive
their payment when they take up their college place. Late payments of grants can cause
serious hardships and in some cases result in young people dropping out of college. This
applies particularly to those with no other aftercare financial supports.
Better communication and links with SUSI should be developed. Issues regarding
loopholes that mean asylum seeking young people and separated minors are not eligible
for SUSI grants due to ministerial orders for ‘Leave to Remain’ under exceptional
circumstances needs to be addressed promptly.
Clarity on information for all aftercare workers, social workers, social care workers, foster
carers and young people on how to access grants, requirements and deadlines.
Clarity on whether grant payments impact on the Aftercare Allowance payment.
5. Data: Monitoring and Evaluation
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Develop and meet National Leaving and Aftercare Policy standards with inspections
against standards in order to monitor and evaluate aftercare services throughout the
country.
Need for better quality data. The data needs further analysis and interrogation.
Clarification is needed on some of the definitions used in Tusla measures, e.g. ‘in receipt
of an aftercare service’, ‘number in full time education’ and ‘number in a residential
placement’ (e.g. Does this refer to a mainstream residential placement or an aftercare
residential placement?).
More data should compiled in the forms of educational attainment, participation and
outcomes for young people e.g. during school, Youthreach programmes, further
education, college, Institute of Technology, university, etc. This would make it possible to
establish the number of Care Leavers progressing onto third level education.
Exit interviews9 with young people in care provide learning and best practice and
increases young people’s participation in line with Tusla’s National Participation Policy. In
2012, three members of EPIC staff were part of a Steering Group established in Dublin
North East to carry out a pilot phase of Exit Interviews. Despite a final report being
submitted to senior management following the completion of this, there has been no
further update or development on this.
Conclusion
EPIC is available to facilitate consultations with young people and in particular to explore the
development of an information leaflet designed to clarify young people’s entitlements. EPIC
welcomes this opportunity to further explore any of the issues raised in this document.
9
As outlined under Action 81 and 84 of the Ryan Report, there should be exit interviews carried out for children
changing placements and leaving care, and for child protection and residential care personnel leaving the service.
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