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Law on leaving care

The Children Act

An Act of parliament called the Children Act became law in 1991. It said Local Authorities have a duty to:

  • Prepare young people in care for the time when they come to leave care.
  • Consult young people and listen seriously to their views and opinions.
  • Continue to advise and support young people who have been in care beyond their 16th birthdays until they are 21 years old.

This means you have a right to be prepared properly for leaving care, a right to be asked what you want and to be involved in decisions affecting your life and a right to continuing advice and support until you're 21.

The Children Leaving Care Act

Because a lot of people were still not satisfied that young people leaving care were getting all the help they should under the Children Act, a new law called the Children Leaving Care Act was passed by parliament and came into force on 1st October 2001.

To summarise, this law strengthens the part of the Children Act dealing with Care Leavers; changes certain things into duties (things which must be done), rather than powers (things that might be done); and adds some new duties as well. These include:

  • From about 16 onwards , all young people leaving care must have a Personal Advisor. This advisor will work with a young person to help advise on, and sort, a lot of issues like accommodation, education/training, money, personal support, etc. The Personal Advisor must remain involved with the young person until at least 21 (and sometimes 24).
  • For the same 5 year period, the Personal Advisor must sort with the young person, and others, a Pathway Plan which will write down who by, and how a young person is to be helped and supported as they grow older and leave care.
  • Personal Advisors must stay in touch with all young people leaving care until they are 21 at least, by meeting them, at minimum, once every 3 months until they are 18 and once every 6 months until they are 21.
  • Even if a young person leaving care moves to a different place, the Authority they were in care of (the Responsible Authority) must either directly themselves, or by asking the Authority where the young person now lives to do it for them, stay in touch with that young person. Up until 18 the Responsible Authority must also help that young person with all their financial needs , and between 18 and 21 (or sometimes 24) they can help with things like setting up in a flat or help with education/training, etc.

See the Department of Health Children (Leaving Care) Act 2000 Regulations and Guidance