Who is a care leaver?
When you turn 18 years old we have a legal duty to continue to support you until you are 21 (and up until age 25 while they are in full-time education) and make sure you have the skills and resilience needed to live independently and thrive.
1.Eligible Young People-They are aged 16 or 17, have been Looked After for a period or periods totalling at least 13 weeks starting after their 14th birthday and are still in care. (This total does not include a series of pre-planned short-term placements of up to four weeks where the child has returned to the parent). There is a duty to support these young people up to the age of 18, wherever they are living.
The statutory definition and requirements to undertake a needs assessment, prepare a Pathway Plan, keep the Pathway Plan under review and appoint a Personal Adviser are now covered by Regulations 42, 43 and 44 of the Care Planning, Placement and Case Review Regulations 2010.
2. Relevant Young People- They are aged 16 or 17 and are no longer looked after, having previously been in the category of Eligible Young Person when in care. However, if after leaving care, a young person returns home for a period of 6 months or more to be cared for by a parent and the return home has been formally agreed as successful, he or she will no longer be a "Relevant Young Person".
A young person is also "Relevant" if, having been in care for three months or more, he or she is then detained after their 16th birthday either in a hospital, remand centre, young offenders' institution or secure training centre. There is a duty to support Relevant Young People up to the age of 18, wherever they are living.
The statutory definition and requirements to stay in touch with the young person, undertake a needs assessment (unless this was done when the young person was 'Eligible'), prepare and keep the Pathway Plan under review, appoint a Personal Adviser (unless this was done when the young person was 'Eligible') and provide accommodation and assistance to meet his or her needs in relation to education, training or employment are now covered by Regulations 4 to 9 of the Care Leavers (England) Regulations 2010.
3. Former Relevant Young People- They are aged 18 to 21 (or up to 25 if in full-time further or higher education), and have left care having been previously either "Eligible", "Relevant" or both. There is a duty to consider the need to support these young people wherever they are living.
The statutory definition and requirements to stay in touch with the young person, keep the Pathway Plan under review, continue the appointment of a Personal Adviser and provide financial assistance near where the young person is employed or seeking employment/to enable the young person to pursue education or training remain unchanged they are now covered by Regulations 4 to 9 of the Care Leavers (England) Regulations 2010. These duties continue until the young person becomes 21 or, where the Pathway Plan sets out a programme of education or training beyond 21, they continue so long as the young person pursues the programme.
The duties of Local Authorities are extended in relation to Former Relevant Young People who inform the Local Authority of their wish to take up a programme of full time further or higher education after the age of 21 and under the age of 25. In relation to these young people, the Local authority has a duty to:
Appoint a Personal Adviser;
Carry out an assessment of the needs to determine what assistance (if any) it would be appropriate to provide;
Prepare a Pathway Plan;
Give assistance to the extent that the young person's educational or training needs require it.
The duties of the Local Authority subsist for as long as the young person pursues the programme of education or training in accordance with the Pathway Plan, and the Local Authority may disregard any interruption in the education/training if it is satisfied that the young person will resume it as soon as is reasonably practicable.
In each case where a care leaver requests this support, the Local Authority will need to assess the appropriateness of the course and how it will help the young person to achieve his or her ambitions. The extent of the practical and financial assistance provided will reflect the type of course, whether full - or part-time, and the young person's existing income.
4.Qualifying Young People-They are over the age of 16 and under the age of 21, (or up to 25 if in full-time further or higher education), and have been Looked After or, if disabled, have been Privately Fostered after reaching 16, but do not qualify as Eligible, Relevant or Former Relevant. They may receive support, advice and assistance wherever they are living. If in full-time further or higher education, this may include assistance in relation to securing vacation accommodation. They may also qualify if they are the subject of a Special Guardianship Order (SGO) and were Looked After immediately before the SGO was made.
Any decision to cease looking after a child aged 16 or 17 who is Looked After other than by virtue of a Care Order, must be approved by the Director of Children's Services. The Director must be satisfied that:
The child’s wishes and feelings have been ascertained and given due consideration
The child’s Independent Reviewing Officer has been consulted;
The child’s relatives have been consulted, where appropriate.