Leaving care - rights4children

Introduction

Leaving care doesn’t mean you automatically lose help and support. Care can last until you are 21 years old if you live in foster care. Support can last until 25 for young people who lived in foster care, children’s homes or other places (depending on how long you were there – see below).
The rights you have as a care leaver have built up over many years.
Your rights mean others have duties towards you.
Leaving care rights help ensure you get the best possible start to your adult life.
It is very common for young adults to continue living with their families. Official statistics show that over half (53%) of 23 year-olds were living with their parents in 2021.
Care experienced people and their supporters have for many decades been trying to make sure young people are not pushed out of care too early.
In January 2022, Ofsted published a research report of people’s experiences leaving care. More than a third of care experienced people who completed Ofsted’s survey said that they had left care too early (255 care experienced people responded to the survey, aged between 16 and over the age of 35).
The law says every local council must publish a list of all of the advice, support and guidance available to care leavers in its area. This is called a ‘local offer for care leavers’ but we see it as your list of rights. Your council must consult “relevant persons” before publishing its local offer. This obviously includes children and young people in care and care leavers.
The kinds of things that can be included in your council’s local offer for care leavers include: careers information and advice; help to buy things you need for your work or education, like books and essential clothing; help with travel costs to get to health appointments; help with being a parent; help with opening a bank account, getting your National Insurance number and a passport; and celebrating your birthday, Christmas and other special celebrations. Some councils also provide free gym membership, help with driving lessons and a reduction or exemption from having to pay council tax if you are a care leaver.
In December 2023, the government published a document which sets out broad expectations for children’s social care. The document says that all children and young people who are in care, and who have left care, should have stable, loving homes. This is what the government expects:
“Children’s social care provide homes that offer love, care, protection, and stability for children and young people who are cared for by the local authority, or who are care leavers. The care that children and young people receive helps to address experiences of adversity and trauma and gives them the foundations for a healthy, happy, life.”

There isn’t a single definition of adversity and trauma. We think experiences of adversity and trauma in childhood include: the death of a parent, brother or sister, grandparent or other loved one; suffering any kind of child abuse, neglect or exploitation; having a long-term illness; growing up in a home where there is violence or drug-taking; growing up in poverty; spending time homeless, with your family or as a teenager on your own; being subject to racism or other forms of discrimination; suffering school or other forms of exclusion; having to leave your country because of war or other reasons; watching people you love suffer; and being separated from people you love. Adversity and trauma affect every person differently.
On this rights4children website we refer to children and young people as being in care. This is the wording care experienced people mostly use. The main legislation connected to being in care, the Children Act 1989, uses the term ‘looked after’.

If you need help, please go to the Getting help part of our site.

Corporate parenting principles

The law says local councils must always think about the following seven principles whenever they are making decisions, or doing things, which affect children and young people in care and care experienced adults up to the age of 25:

The need to act in the best interests, and promote the physical and mental health and well-being, of children and young people.
The need to encourage children and young people to express their views, wishes and feelings.
The need to take into account the views, wishes and feelings of children and young people.
The need to help children and young people benefit from services.
The need to have high aspirations and to want the best for children and young people.
The need for children and young people to be safe, and to have stability in their home lives, relationships and education or work.
The need to prepare children and young people for adulthood and independent living.

The law splits care leavers into four different groups. The first group hasn’t left care at all – although young people this age have rights relating to leaving care. (At the bottom of this web page, there is a PDF that you can download which gives you these legal definitions and all the rights information here).

The names given to the four different groups of young people are tricky to remember. They’re pretty impersonal too. But we want you to have the facts, so here goes:

1. Aged 16 or 17 and still in care – you may be what’s called an eligible child.

2. Aged 16 or 17 and left care – you may be what’s called a relevant child.

3. Aged 18 to 25 years and left care – you may be what’s called a former relevant child.

4. Aged 16 to 21 years – you may be what’s called a qualifying care leaver.

Up to what age should young people leaving care get advice and support?

Pick 1 answerAbsolutely! You know your rights. Well done.

Aged 16 or 17 and still in care: your rights as an 'eligible child'

If you are an ‘eligible child’…

The first thing to remember is that all of the things that matter, and are important, to other 16 and 17 year-olds apply to you – including feeling loved and settled, being listened to, doing well in your education, having good friends and beginning to think about your future life as an adult.

As a child in care, your council must promote and protect your welfare. Your physical and mental health, safety, relationships, education and views, wishes and feelings are all part of your welfare.
You have the right to stay with your foster family, in your children’s home or other place where you are cared for (for example, residential school) until you are 18.
You may have heard that young people can stay in foster care until they are 21. This is called ‘Staying put’. It was introduced in recognition that many young adults continue to live with their families until their mid 20s, or even older. We think young people living in children’s homes should have the same right. That’s not happened yet, though some local councils are testing ways of young people living near their children’s home, where they can receive support and help from staff. This is called ‘Staying close’. You could ask your social worker or independent reviewing officer whether ‘Staying close’ is happening in your local area.

More about your rights – if you are an ‘eligible child’

1) Everyone must be clear about your needs

From the age of 16, your council must assess your needs to decide what advice, help and support you should get now and after you have left care. This is all part of making sure you get the best help as you grow up and move into adulthood.

Your wishes and feelings must always be taken seriously when social workers and others are thinking about what you need.

2) Your Pathway Plan

A Pathway Plan will be written for you. Your social worker is responsible for doing this, in partnership with you and others who know you well.

Your Pathway Plan must state exactly what your needs are, and how these needs will be met. It must be kept up to date so it is the best plan for you. You can ask for changes to be made to your Pathway Plan at any time. Your Care Plan will be included in your Pathway Plan.

Changes can be made to your Pathway Plan during your usual care reviews, or at other times. Your independent reviewing officer will make sure these reviews happen.

Your Pathway Plan must include:

The name of your personal adviser (see below).
Who will support you, and how you will be supported.
Where you will live when you are no longer in care.
Your education and training plans once you leave care.
How your council will help you get into employment or training.
The support you’ll get to help you with your family relationships and friendships.
The support you’ll get to help you live independently.
The financial help you’ll get to cover your housing and other costs like food.
Your health needs, and how these will be met when you are no longer in care.
Your council’s backup plans in case parts of this Plan don’t work out for any reason.

3) Your personal adviser

You must be given a personal adviser from the age of 16. This must be a skilled and knowledgeable person who can give you advice and help about all aspects of growing up. You have the right to a personal adviser up to the age of 25.

The law does not say what kind of qualifications or background personal advisers must have. However, advice to councils from the government says personal advisers must: understand the law (including the law relating to housing); appreciate what it is like for young people in and leaving care; and know how you communicate. You should get a say over who becomes your personal adviser. Having a personal adviser does not affect your right to regular visits from your social worker.

4) Your social worker

Social workers visit children in care to check you are happy, safe and being well looked after.

The law says how often every child in care must be visited.

Your social worker must visit you:

Within 1 week of you moving to live in a new place.
Then every 6 weeks unless it has been agreed that you will live where you are until you are 18 in which case you must be visited at least once every 3 months. (If you live with the same foster family for a year or longer, and you agree to your social worker visiting less frequently, then your social worker may visit you just twice a year – though this can only happen if you agree to this).

The law says your social worker must usually speak to you in private, unless you refuse this.If your social worker finds that your welfare is not being protected, he or she should contact your independent reviewing officer and a review of your needs and care must be carried out.

5) Your independent reviewing officer

The law says independent reviewing officers must check your council is doing what it has agreed to do for you. Your independent reviewing officer must question and challenge your council if you are not getting the help you have a right to. If your council is not meeting its duties to you, your independent reviewing officer must consider contacting a separate organisation called Cafcass. Cafcass has the power to go to court to protect your rights if necessary.

This is very important:

If you are under 18 and you are accommodated under section 20 of the Children Act 1989, and your council is talking about you leaving care but your parent or someone else with parental responsibility will not be providing you with somewhere to live, a review must be carried out before you can leave care. Your independent reviewing officer must check that the move meets your needs and is the best thing for you.
If you are under 18 and in care, and there is talk about you moving into supported accommodation (often called semi-independent or independent living), a review must be carried out before you can move. Your independent reviewing officer must check that any move meets your needs and is the best thing for you. (Moves can be made in an emergency though, if this is necessary to protect you).

6) Your independent advocate

The law says you have the right to an independent advocate whenever you feel you need help to get your views across, including if you want to make a complaint.

Aged 16 or 17 and no longer in care: your rights as a 'relevant child'

Your welfare

Your council must promote and protect your welfare. Your physical and mental health, safety, relationships, education and views, wishes and feelings are all part of your welfare.

More about your rights – if you are a ‘relevant child’

Staying in touch & your personal adviser

Your council must do its best to stay in touch with you. If you haven’t already got one, you must be given a personal adviser. You can have a personal adviser until the age of 25.

The law sets out the job of a personal adviser once you have left care. Personal advisers:

Give you advice (including about practical things) and support.
Are involved in discussions about your Pathway Plan (though personal advisers do not write these).
Take part in any reviews of your Pathway Plan.
Link with your council about putting your pathway Plan into practice.
Link services up with you, and do their best to help you get the most from these services.
Stay in touch with you so they know how you are doing.
Keep a written record of their contact with you.

If you are living in accommodation sorted by your council, your personal adviser must visit you in this accommodation:

Within 7 days of you getting the accommodation.
Then before your Pathway Plan is reviewed.
Then every 2 months.

Somewhere to live and your living costs

As a relevant child, your council has a duty to provide you with accommodation, or pay for your accommodation. This accommodation must be suitable for your needs, including any needs arising from your health or any disability you have. Your council must look after your living costs (maintain you), and they have the power to give you money as part of supporting you.

Your education

Your council has the power to give you money to help you in employment, education and training up until the age of 25.

If you were aged between 16 and 19 on 31 August 2022, and you are continuing your education, your 6th Form or college can give you a bursary of up to £1,200. This money can be used to buy emergency food if necessary.

Pathway Plan

The law says if you don’t already have a Pathway Plan, your council must work out what your needs are and write a Pathway Plan. Your wishes and feelings will be a big part of this.

Other support

Your independent reviewing officer from when you were in care may continue to be involved in your reviews.

You still have the right to an independent advocate whenever you feel you need help to get your views across, including if you want to make a complaint.

You are now an adult, and you fit the definition of a ‘former relevant child’

You are a former relevant child if you are aged between 18 and 25 and:

You were a relevant child in the past, OR
You were in care when you turned 18 and you were an eligible child immediately before you stopped being in care.

Your rights as a 'former relevant child’

If you are an adult who is ‘a former relevant child’, your rights include:

The government encourages councils to give, as a minimum, £3,000 to young people to help you set up your own home. This may sound like a lot but it’s to cover all the essentials like furniture, bedding and kitchen equipment. Councils are meant to review these allowances every year. Current cost-of-living struggles make it all the more important for councils to set this rate at a fair level.
Your council must help you with your expenses connected to you living near to your education, training or employment, to the extent that you need this for your welfare.
If your education or training lasts beyond your 21st birthday, your council must continue to help you with your expenses so long as you stay with the same education or training. Your council’s duty to give you a personal adviser and to stay in touch with you lasts as long as your education or training.
If you were aged between 16 and 19 on 31 August 2022, and you are continuing your education, your 6th Form or college can give you a bursary of up to £1,200. This money can be used to buy emergency food if necessary.
Your council must give you help around contributing to your work expenses. This includes expenses connected to seeking work.
You have the right to a higher education bursary if you go to university – currently £2,000. Your council can give you this in a lump sum or by instalments. Before making any decision about a bursary, your council must do its best to find out your wishes and feelings.
Your council must arrange somewhere for you to live during your holidays from university or your further education college course (or give you enough money so you can sort out your accommodation). This applies if you are on a full-time course and need somewhere to stay during the holidays.
Your council has a duty to give you other help if you need this for your welfare. In exceptional situations, this other help can be money.
Your council must do its best to keep in touch with you. It must contact you at least once every year to check how you are doing, and to ask if you need support.
You can have a personal adviser up until the age of 25.
Your Pathway Plan must be regularly reviewed (by your local council or someone independent).
You have the right to an independent advocate whenever you feel you need help to get your views across to children’s social care, including if you want to make a complaint. Article 39 believes this right to an advocate as a care leaver lasts until you are aged 26 because it is connected to expressing your views and making a complaint, and you can make a complaint using the Children Act 1989 procedure up to 12 months after the matter you are complaining about happened.
If you are aged between 21 and 25 years, you have the right to ask your council for advice and support, and your council must: provide you with a personal adviser (if you want one); assess your needs and agree a Pathway Plan with you. Your Pathway Plan will set out the help your council will provide you.
After you have reached 21, if you are not receiving any help from your council, you must be offered advice and support at least once a year until you are 25 years old. This help must be offered as soon as possible after you turn 21.

Qualifying care leavers

This is the fourth group of care leavers towards whom councils have duties.

You will be a qualifying care leaver if…

You are at least 16 years old but no older than 21 years AND

A special guardianship order* is in place for you (or was in place for you when you turned 18) AND

Immediately before that special guardianship order was put in place for you, you were in care.

*A legal order giving a person parental responsibility for a child.

You are at least 16 years old but no older than 21 years AND
At any time from the age of 16, you were in care and either lived with foster carers (including private foster carers – these are arranged by families), or in a private children’s home, or you were in hospital for a period lasting 3 months.

Your rights as a qualifying care leaver

If you are a qualifying care leaver, the law says your council must look at the help and support you need.

If your council finds that you do need help, it is under a duty to advise, befriend and assist you.

The assistance your council gives you may include helping you with meeting the costs of your education, employment or training. You may also get help with holiday accommodation if you are studying at university.

You have the right an independent advocate if you need help getting your views heard, including if you want to make a complaint.