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 2 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: 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 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: 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 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: 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 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 55 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 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 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 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: 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 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. 7 3. Accessing Supports and Services Young People who disengage 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 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 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 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 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 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 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 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 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. 9 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 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. 10
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