Website of the Department of Health

What if the new law does not apply to me?

The new law does not affect everyone who leaves care after October 1st 2001. For example, it does not cover young people who only receive respite care. 'Respite care' usually means that you are in care on a regular basis, a few times a year. If you are not sure, get further advice.

But you will still be able to get some help if you were in care - even if only for one day - after you turned 16. This also applies if you were looked after in respite care.

I'm eligible - what now?

You should stay in care until you are 18 unless you are very sure that you want to make the move out of care before that.

Your social worker should be in touch with you, as you approach 16, to look at what advice, assistance and support the Council should be providing while they continue to look after you and after you have left care and to decide who is to be your Personal Adviser.

Once you have discussed your ideas and wishes with them, you will have a plan (called a Pathway Plan) to cover different parts of your life: where you live, your education, training and employment, your health, money and your personal support needs, until your 21st birthday.

What if I move?

You may choose to leave care and move to a new area. That's fine. All you need do is make sure your Personal Adviser knows, so that they can make sure you continue to get the support and help needed to match your Pathway Plan.

What if I leave care and decide I want to go back?

You should discuss this with either your social worker or your Personal Adviser. Your Pathway Plan should cover situations like this, since it will have a section on what to do if things don't work out.

Support - someone to talk to

You will not be on your own. You will have a Personal Adviser.

They will help you work out your Pathway Plan. They should:

So... it is very important that the relationship between you has the best chance of being a good one. You will have a major say in the choice of your Adviser and will be able to change if things don't work out.

What should my plan include?

Educational training and employment/careers advice

It is not easy to walk into a good job. You might need extra education or training or you might simply not know what you are good at or what you want to do. You will work up your Pathway Plan with your Personal Adviser and your Social Worker. The Plan will look at the issues of education, training and employment, helping you plan what you want and helping with any costs involved. These costs could include:

A place to live

Until you are 18 Social Services must make sure you are in 'suitable accommodation'. This is a place to live which is right for you at the time, is safe and secure. You must have your views taken into account.

Once you are ready to leave care, your Personal Adviser should help you find somewhere suitable to live, get ready for living independently and help with the move including buying the basics you need. And because this is such a big step for anyone, the Personal Adviser will be there to help and support you with any problems that come up once you've settled in your new home.

Financial support

The Government has instructed Councils that you must not be worse off than you were on social security. Under the new law Social Services have to make sure that you have accommodation and the usual things you need to live on. They can do this either by giving you money, or by paying for things for you. You will not be able to get social security until you are 18 (unless you are a lone parent, or are sick or disabled).

The Government says that Social Services should also consider giving you money for:

You will probably not get money for all these things and you may need money for things not on this list.

What if I want something different?

If there is something you would like Social Services to do or pay for, it is worth asking your Personal Adviser. Councils should have a Guide for you setting out what they will normally expect to pay for. But even if it is something they have never done before, they may be willing to help. People leaving care do lots of different things, and in lots of cases there are leaving care teams with ideas and knowledge about the needs of care leavers and how to help them. And if they or your Personal Adviser can't help, they may well know how to find someone who can.

How will I get my money?

Your Personal Adviser should help you set up a bank account. They should also explain what to do in an emergency. In some situations it will be possible to pay you in cash through an out-of-hours service.

What happens when I am 18?

When you are 18, you should still have a Personal Adviser, still have a Pathway Plan, and Social Services must still keep in touch with you, at least until you are 21.

From 18 you can claim benefits, and the Council will no longer be your main source of income. However, Social Services must continue to help you in ways that you and they agree. In particular, they must continue to help you with your education, training and work. This might mean buying books, equipment or clothing, help with fares, field trips, registration and exam fees, childcare costs or tuition fees if you are over 19. This sort of help can last past your becoming 21, if your Pathway Plan says so.

Does this mean that I'll get help to go to university?

You will be funded through university using the same system of student loans as everyone else. Some Trusts can also help care leavers with money to go to college - your Personal Adviser should advise you. But the local authority must make sure you have somewhere to live in the holidays if you need it. This could mean finding you somewhere to live or paying your rent.*

* This applies to anyone who leaves care after the age of 16

What about residential further education courses?

Some courses such as art or agriculture may involve living at or near the college. Again, the local authority must make sure you have somewhere to live in the holidays.

What about help with claiming benefits?

Your Personal Adviser should explain which benefits you might be entitled to as part of preparing you for independence. Or they may put you in touch with an independent welfare rights specialist to help you claim benefits.

Emergencies

Your Personal Adviser should help and give advice on what to do in an emergency. If you've moved to a new Council area, it will be possible for any help you have been getting to continue. You should make contact with the Council in the new area as soon as possible so they can sort out with your old Council how this can be done.

What happens if I am not happy with how I am being treated?

If you are unhappy or have a complaint of any kind about anything at all, tell someone about it. Under the new law Social Services must try to sort out the problem within 14 days. If things don't improve you might want to make a formal complaint.

Your local authority will have a complaints procedure and should have leaflets explaining what you need to do to kick one off. As long as it's not about your Personal Adviser, the Adviser should be able to help. But your Council should also provide you with someone (an 'advocate') to help you make your complaint and argue it with the Council. And there are plenty of others who can help too.

A list of some organisations who can help is set out at the back of this leaflet.

What if I'm disabled?

If you are sick or disabled and 16 or over, you can get some benefits whether you are living at home or in care. Under the new law, you will still be able to claim benefits to help meet any special needs you might have. But this will not include Housing Benefit between the ages of 16 and 18 as your housing costs will be met by the Council. If you are not sure what benefits you can claim, get further advice.

What if I'm a parent?

If you are a lone parent and 16 or over, you can get some benefits whether you are living at home or in care. Under the new law, you will still be able to claim benefits to help meet any special needs you might have. But this will not include Housing Benefit between the ages of 16 and 18 as your housing costs will be met by the Council. If you are not sure what benefits you can claim, get further advice.