Under the Partnering Agreement, schools must meet certain obligations to students in out-of-home care. The Partnering Agreement details the obligations in relation to students in Statutory out-of-home care.
Out-of-home care is a temporary, medium or long-term living arrangement for children and young people who cannot live in their family home. Out-of-home care most commonly refers to statutory out-of-home care, where a child or young person cannot live in their family home and a legal order is in place to support the arrangement.
Statutory out-of-home care includes foster care, kinship care, permanent care, residential care and lead tenant arrangements. In Victoria, the Department of Health and Human Services (DHHS) has oversight of these arrangements.
Out-of-home care also includes informal out-of-home care arrangements. Informal out-of-home care refers to an arrangement in which a child or young person is living with someone other than their parent or legal guardian, without an out-of-home care legal order in place. DHHS usually does not have oversight of these arrangements. When a student is living in an informal out-of-home care arrangement, the, carer should be asked to complete an Informal carer statutory declaration form (PDF) External Link
(staff login required). The declaration is a written statement that sets out the care arrangements for the child or young person. A completed declaration is required to allow the school the student attends, or where they are seeking enrolment, to work with an informal carer.
Out-of-home care does not include children or young people who have transitioned to family reunification or adoption.
on the DHHS site.
Children and young people come into out-of-home care through 2 main channels:
on the DHHS website.
A number of legal orders can be granted by the Children's Court to assist in the safe removal of a child from their family home.
Current orders can be found on the DHHS website. For more information, visit Child Protection Orders External Link
Schools and child protection practitioners are required to meet their obligations under the Partnering Agreement.
The Partnering Agreement is a commitment between:
The Partnering Agreement strengthens the shared commitment between partners to improve education and health and wellbeing outcomes for children and young people in out-of-home care.
The Partnering Agreement was refreshed in 2018, with changes to align with current legislation, policy and programs available to children and young people in out-of-home care to support their education, health and wellbeing.
The agreement aims to ensure that:
For every student in statutory out-of-home care, and for the first year of a student entering permanent care, schools must implement their obligations under the Partnering Agreement. These obligations include:
Schools should refer to the following for guidance on how to meet the requirements listed above:
The obligations set out in the Partnering Agreement apply specifically to students in statutory out-of-home care.
When a child’s parents are unable or unwilling to care for them, relatives or significant others may take on responsibility for the care of that child. Sometimes this care is provided on an informal basis that does not give the carer any legal status over the child or formal recognition as a carer.
In these circumstances, the carer should be asked to complete an Informal carer statutory declaration form (PDF) External Link
(staff login required). This declaration is a written statement that sets out the care arrangements for the child.
Generally, an informal carer who has provided the school with a completed Informal Carer Statutory Declaration may make school-based decisions for the child and may access school information ordinarily provided to a parent.
It is important to note that, subject to any court orders, generally, a parent’s decision overrides any decision made by an informal carer. Other factors that might be relevant to decision-making and information-sharing for the child include a consideration of whether the child is a mature minor or any safety and wellbeing concerns. Refer to the department’s policy on Mature Minors and Decision-Making for further information.
LOOKOUT Centres are an additional resource to support schools and child protection practitioners to meet their obligations under the Partnering Agreement. LOOKOUT Centres also provide support in the early childhood sector.
for children in out-of-home care aims to increase the participation of young children placed in out-of-home care in high quality early childhood education and care.
For every student in statutory out-of-home care, and for the first year of a student entering permanent care, schools must:
These guidelines aim to:
These guidelines contain the following chapters:
Learning mentors are appointed by schools to support all children and young people in out-of-home care. Learning mentors focus on supporting a child or young person in their learning, academic achievement and wellbeing in the learning environment.
The learning mentor should not be directly involved in the teaching of the student but should ideally be a trusted staff member who:
The learning mentor can be the out-of-home care 'designated teacher'.
A learning mentor should be allocated in a timely manner when the school first becomes aware that the student is in out-of-home care. This may be when a student first starts school, following school transitions, or when the student first enters out-of-home care. The school leadership team should identify the learning mentor. The process should involve the student to ensure a good fit. Critical considerations in this process include a staff member’s skills, experience, gender, workload and existing relationship with the student.
The learning mentor plays a crucial role in assisting children and young people in out-of-home care. Being placed into care can be a traumatic and stressful experience. A child may require special support and assistance.
The aim of the learning mentor role is to help the student stay connected to their schooling and to address barriers that may impact their learning. This might include:
The learning mentor is not responsible for supports that can undermine the learning mentor relationship. In particular they are not responsible for:
It is important that learning mentors receive ongoing support from the school’s leadership team. This should include:
School principals must establish a Student Support Group (SSG) for every child and young person in out-of-home care.
The aims of the SSG are to:
A school must hold meetings on a termly basis, with extra meetings held at the request of the case manager and the parent, guardian and/or carer.
The SSG is responsible for:
The following is a list of relevant people that may attend SSGs:
Attendees should provide information about the student that will support him/her in their education. Attendees identify the child or young persons’ strengths and needs and utilise the SSG to develop an IEP. The group devises strategies to optimise student wellbeing and achievement and to address potential barriers and challenges to engagement.
Further, it is important that the Learning Mentor is able to advocate for the student, and/or that the student is included and involved in the discussions, likely to have ideas about what might work better for them.
It is best practice for the school to:
For further information, refer to the Department's policy and guidance on Student Support Groups .
The Student Support Group (SSG) develops the Individual Education Plan (IEP).
The purpose of an IEP is to describe a set of strategies to address the particular educational needs of the child or young person in out-of-home care.
Developing an IEP is an opportunity to recognise and discuss social and behavioural difficulties and concerns a child may have.
It is useful to be aware of the Department of Health and Human Services Looking After Children Framework External Link
for context, when developing an IEP.
The Department has developed guidance and resources to support the development of IEPS. Refer to the Individual Education Plans Policy for further information.
Every child and young person who has been living in statutory out-of-home-care for at least three months (consecutively or for a period that adds up to three months) requires an Educational Needs Analysis (ENA). If a member of the Student Support Group (SSG) has concerns regarding the student’s presentation and rate of progression the ENA process should begin immediately.
To refer student in care for an ENA, schools need to:
The Student Support Services Team Leader allocates the referral to the appropriate team member.
The ENA is undertaken in coordination with the SSG. When the ENA is complete it is used to inform the individual education plan and supports to put in place for the student at the school.
For more information on the ENA process, please visit chapter 6 and chapter 7 of these guidelines.
Designated teachers are nominated by the school principal, and are expected to hold a relatively senior position within the school.
provides training for designated teachers in their region to be the advocate and champion for students at their school who are in out-of-home care. Designated teachers are given guidance on the needs of students in out-of-home care and strategies for supporting the education of these students.
Designated teachers are the main point of contact between the school and LOOKOUT Centre staff.
The designated teacher has a key role in supporting students in out-of-home care to make a smooth transition into school, including making sure there are effective arrangements in place for the speedy transfer of information between relevant agencies.
In conjunction with LOOKOUT Centres, the designated teacher ensures students are engaged in education and meeting their learning goals. They work collaboratively with the school’s wellbeing staff and other agency representatives to minimise any disruption to the student’s education.
Designated teachers do not replace the role of the student wellbeing staff in working with external agencies to support students in out-of-home care.
Designated teachers are in all Victorian schools, including government schools, Catholic and Independent schools.
Every child and young person who has been living in statutory out-of-home-care for at least three months (consecutively or for a period that adds up to three months) requires an Educational Needs Analysis (ENA). If a member of the student support group (SSG) has concerns regarding the student’s presentation and rate of progression the ENA process should begin immediately.
Children and young people residing in statutory out-of-home care present with a diverse range characteristics, needs, strengths and interests. They share the experience of removal from their parents’ care as a result of significant concerns for their safety and wellbeing, such as exposure to abuse and other traumatic events.
There is substantial research regarding the impact of abuse, trauma and disrupted attachment on development, school engagement and achievement. Research indicates that children and young people in out-of-home care experience poorer educational and life outcomes compared to their peers who are not residing in out-of-home care. They are also more likely to have Special Educational Needs (SEN). Students in out-of-home care with SEN have poorer test scores and are less likely to complete secondary education compared with students in out-of-home care without SEN or students with SEN who are not residing in out-of-home care. Raising educational attainment is an important strategy to interrupt these negative life trajectories (O’Higgins, et al, 2017).
However, residing in out-of-home care does not have a causal relationship with poor attainment; nor does it mean that every child in care will have worse outcomes than their peers. A student’s individual characteristics, exposure to traumatic events and other contextual factors that may have led to them entering out-of-home care, and age and time of entry into care will all contribute to their individual presentation (Welbourne & Leeson, 2012)[i]. In addition, protective factors, such as a safe and supportive environment, school engagement, and positive connections with teachers and peers significantly improves outcomes for students in out-of-home care.
The ENA is a process of understanding and addressing a student’s social, emotional and cultural learning needs, as well as their strengths. This involves collecting, reviewing and analysing personal, health, and educational information from a range of sources and determining the need for additional interventions and services. The ENA aims to support identification of the student’s individual learning needs and inform their Individual Education Plan (IEP) or Personalised Learning Plan (PLP). Note that there are templates available for IEPs in the Resources tab.
An effective ENA is trauma-informed and takes a holistic view of the child or young person across their physical, social, emotional, educational, and psychological development.
The ENA is also informed by the linguistic and cultural background of the student, and the student’s own views and readiness to participate in the process (where appropriate).
The process considers the broader context in which the student lives and learns (eg. school, home, residential care), the conditions and the people in the student’s life and how these impact on the student’s development and progress.
The ENA should be strengths-based and constructive, rather than simply labelling the difficulty.
It should also ensure existing progress can be maintained and support acceleration when appropriate.
The ENA process is designed to follow a multi-tiered system of support approach from the least to the most intrusive procedure of information gathering and analysis based on the individual and contextual characteristics of each student.
The ENA may include assessment processes such as observation and interviews with key stakeholders, and collation of existing information, such as school-based assessment (e.g. school reports, NAPLAN and On Demand test results) and information provided by the DHHS/Community Service Organisation (CSO) case manager. It may also include administration of standardised screening tools and diagnostic tests in a range of areas of development, such as cognitive and intellectual, achievement, language, adaptive functioning, social, emotional and behavioural functioning, mental health, skills and interests, and vocational assessment.
Standardised screening tools and diagnostic tests should not replace routine assessment processes utilised by educational settings for all students. Schools are able to provide data/information regarding attainment, wellbeing, and behaviour that will form the basis of decisions regarding additional assessment and intervention. Where direct consultation and assessment with the student is considered, the student’s capacity to participate in the assessment should also be taken into account (i.e. current emotional state). The best interests of the student, rather than pre-determined timelines, should remain paramount in decision-making.
The subsequent strategies and interventions recommended need to be evidence-based and embedded within an evaluation and review cycle.
The recommendations stemming from the ENA process, albeit focused on educational outcomes, assume that all members of the team around the student, including the carers/residential staff, teachers and the student, are working together and have a shared responsibility in promoting these in their individual environments (eg. school/home/residential care) and facilitating their successful implementation.
As the individual needs, strengths and prior interventions for students in out-of-home care vary, the ENA and subsequent educational planning and support will be different for each student, while retaining the overarching goal of positive educational and life outcomes.
[i] Welbourne, P. & Leeson, C. (2012). The education of children in care: A research review. Journal of Children’s Services, 7 (2), 128-143.
The Educational Needs Analysis (ENA) Process flowchart outlines the ENA process, including significant milestones and the timeline for completion.
While the Partnering Agreement states an ENA is required for all students who have resided in statutory out-of-home care for a period of three months or longer, it acknowledges that if a member of the student support group (SSG) has concerns regarding the student’s presentation and rate of progression the process should begin immediately.
In addition to students entering out-of-home care, students in existing care arrangements who enrol in a new school may also require an ENA depending on what has been done previously and the student’s current presentation.
Although the ENA process is collaborative, distinct roles are prescribed for the school, DHHS Child Protection, contracted Community Service Organisations (CSOs), and Student Support Services (SSS) or equivalent. The Roles and Responsibilities Resource Guide provides a reference guide for the roles and responsibilities of individual stakeholders.
It is important that schools inform their Student Support Services Key Contact (DET) or equivalent prior to or at the time of the student’s enrolment or entry into out-of-home care. This will enable prioritisation of the referral, including planning for necessary consultation and attendance at SSG meetings.
The Student Support Services (SSS) Handbook (March, 2018) outlines the role of SSS in supporting students with additional needs, including students in out-of-home care. SSS collaborate with schools to ‘undertake personalised learning and support planning for students who have specific needs and where adjustments are required to ensure the student can access and engage in their educational program’. SSS prioritise assisting schools with the ENA process (such as priority two after critical incident response).
For further information about SSS more generally, refer to the SSS Handbook External Link
The steps for referring to SSS for an ENA include:
For children and young people entering residential out-of-home care:
Independent schools arrange and fund the ENA following the student’s enrolment or entry into out-of-home care.
An SSG meeting should be convened by the school principal or delegate within one week of a student in out-of-home care enrolling in the school or entering out-of-home care.
SSG membership should include key people in the student’s life who are able to share information regarding the student’s needs and strengths, and support the implementation of strategies/interventions. The SSG will commonly consist of the principal or delegate, DHHS or CSO case manager, the carer, the classroom teacher, and SSS or equivalent. The student’s individual circumstances will determine the need for additional members, such as the student (where appropriate), Designated Teacher and/or Learning Mentor, school wellbeing staff, education support staff, Koorie Engagement Support Officer (KESO), LOOKOUT Education Support Centre representative, and/or relevant external agencies.
The purpose of the initial SSG meeting is to determine the information required to assist with maximising the holistic development and support of the student. The SSG meeting should determine whether an ENA is required and the timeline for completion. This includes a decision regarding whether an ENA should be completed immediately or up to three months after the student has entered out-of-home care. In the event of the latter, the ENA process should be commenced in anticipation (e.g. collection of information).
Where an ENA has been previously undertaken and recorded (i.e. ENA Status Report and ENA Report), the SSG will determine whether an updated ENA is required based on the relevancy of the previous ENA and the student’s current presentation.
The outcome of this discussion should be documented in the SSG meeting minutes.
A template for recording the Initial SSG meeting minutes, including a checklist to assist with determining what information is readily available and what further information may be required, is provided in the Resources tab .
This document should be saved in the appropriate secure location; for example, the student’s school file and the SSS Department Confidential Student file (DCS). Access to this document should be limited to all members of the SSG and staff who work directly with the student. If parts of this information need to be shared beyond those working directly with the student, only a summary of should be shared, as needed for the activity. This document is not to include detailed case notes on the student.
The initial SSG meeting should also determine if the student is eligible for existing programs within the educational setting, such as the Program for Students with Disabilities (PSD) (DET) or Students with Disabilities program (SWD) Catholic Education Commission of Victoria Ltd (CECV). This may result in an internal referral (e.g. SSS) or external referral (for example Assessments Australia). Note: PSD applications for students in out-of-home care are not subject to the usual timelines, and can be submitted by the school at any time.
This phase involves the collection and review of information determined necessary at the initial SSG meeting and the outcome of any program or external referrals. This includes the school and DHHS or CSO case manager collecting and sharing relevant information with SSS regarding the student’s needs and strengths. SSS will obtain any existing SSS Department Confidential Student file (DCS) and collate the information provided within ten weeks of the initial SSG meeting.
The most common examples of information that may be gathered as part of the ENA process are illustrated in the fact sheet Examples of Information to be Collated, available in the Resources tab . This information can provide a comprehensive and holistic picture of the student’s health, wellbeing and learning profile. Information should be gathered on a needs basis and as such the proposed sources of information outlined on the checklist are not all mandatory nor exhaustive.
Following collection, collation and analysis of information by the SSS the school convenes the ENA SSG meeting with membership from the initial meeting and any other relevant stakeholders.
The purpose of the meeting is to determine whether the information currently available is sufficient for the ENA to inform a comprehensive individual education plan (IEP) or personal learning plan (PLP), or whether additional information is required.
If current information is deemed sufficient the ENA is considered complete and recorded in the ENA Status Report (available in the Resources tab) and the ENA Report (available in the Resources tab) is completed by SSS or equivalent.
The SSG then proceeds to develop or update the IEP or PLP and implement the recommendations. The follow-up SSG meeting will review this decision using the most recent ENA Status Report.
Alternatively, the SSG may determine that further information by SSS and/or external agency is required. This should be recorded in the ENA Status Report and include:
The ENA SSG meeting may also identify the need for further intervention by SSS or equivalent or an external agency. This may include referral pathways for students with a suspected or diagnosed disability (for example PSD, SWD). It is important to note that assessment as part of a disability funding application may not provide all relevant information and there may be a need to explore other aspects of the student’s presentation and development. In addition, SSS or equivalent may need to provide support to the school to implement the ENA recommendations.
SSS or equivalent will complete the ENA Report after the agreed actions have been undertaken. The ENA Status Report may be completed prior to or finalised during the ENA SSG meeting based on the discussion that occurs.
The follow-up ENA SSG meeting will provide an opportunity to share the finalised report(s) including recommendations, and develop or update the student’s IEP or PLP.
The school, DHHS or CSO case manager and SSS will retain a copy of reports and other relevant records (such as meeting minutes) as per their usual record keeping policies. This will ensure information regarding a student’s support needs is accessible and shared as appropriate over time.
There are two templates to assist in the ENA process between steps 5 to 7, the ENA Status Report and the ENA Report (available in the Resources tab ).
The ENA Status Report is a mandatory tool used to record the status of an individual student’s ENA at various points in time, and enables monitoring of responsibilities as outlined in the Partnering Agreement.
The report is a brief summary of the ENA process, including the student’s needs and strengths, the views of the student and carer, and key recommendations.
The report is signed by the principal or delegate, and SSS, Student Services (CECV) or independent school equivalent.
A copy of the ENA Status Report needs to be kept in the student’s school file and the SSS Department Confidential Student file (DCS) to allow for easy access, tracking and transfer of information, if the student moves schools.
The ENA Report is a comprehensive report completed by SSS or equivalent, which documents the collation, review, and analysis of information regarding the student’s needs, strengths and subsequent recommendations.
The report should assist schools to prioritise the needs of the student and support required, and be simply worded and include practical recommendations that can be implemented in the educational setting.
The report is written with the broader context of the student in mind and provides recommendations that are relevant to and guide the behaviours of all adults, both in school and in the care setting, who have a role in establishing optimal conditions for learning and supporting the student to achieve positive educational outcomes.
The ENA report may highlight need for services required to cater for a student’s needs in other areas of their lives and may also inform the care team’s actions; however, its key function is to inform what can be done to promote educational progress.
The ENA Report is required regardless of whether the ENA reflects existing information or additional assessment, and aims to ensure information regarding a student’s educational needs and strengths is documented and recommendations are readily available to current and future educational settings. An example ENA Report template is provided in the Resources tab .
In situations where the SSS team leader has allocated the ENA referral to more than one SSS team member, it is recommended that the SSS team members involved in the ENA process write the ENA Report collaboratively.
A copy of the ENA Report needs to be stored as per DET guidelines in the DCS and shared with relevant parties, such as school principal, the person who has signatory rights (for example the biological parent or DHHS), case manager, and others as deemed appropriate.
Students residing in out-of-home care require at least termly SSG meetings to review their presentation and progress, and refine and evaluate current interventions, including a review of the IEP or PLP. Referring to the ENA Status Report and ENA Report during SSG meetings will assist in this process, and also assist to determine when an updated ENA is required.
Students in out-of-home care tend to experience frequent changes in care and school placement, increased vulnerability during periods of transition, and may exhibit signs of disengagement from education during mid-secondary school years. Therefore, it is important to monitor and review the progress of students in out-of-home care regularly and pre-emptively to ensure the student is adequately supported.
The current partnering agreement was refreshed in 2018, with changes to align with current legislation, policy and programs available to children and young people in out-of-home care to support their education, health and wellbeing.
For a short video overview of the role of the learning mentor, refer to: learning mentor training package External Link
For more information about learning mentors and supporting children and young people in out-of-home care, refer to:
Individual education plans (IEPs) assist students who require a range of supports with their education.
An IEP is a written statement that describes the adjustments, goals and strategies to meet a student’s individual educational needs so they can reach their full potential. An IEP is essential as it helps you plan and monitor a student’s unique learning needs.
The department has developed guidance and resources to support the development of IEPS. Refer to the Individual Education Plans Policy for further information.
The education needs analysis guidelines require specific activities and processes. These are described in the guidelines and are also described in the following documents:
The ENA guidelines require the use of specific reporting templates. These are described in the guidelines and are also described in the following documents:
The following resources are provided to support designated teachers: