Our responsibilities to you

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 ending at least one day after their 16th 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.

There are statutory definition and requirements to:

• undertake a needs assessment
• prepare a pathway plan
• keep the pathway plan under review and appoint a personal advisor

These are covered by Regulations 42, 43 and 44 of the Care Planning, Placement and Case Review (England) Regulations 2010.

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 (that is, they have been Looked After for a period, or periods, totalling at least 13 weeks starting after their 14th birthday and ending at least one day after their 16th birthday).

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, they will no longer be a relevant young person, but would be a qualifying care leaver - see the Qualifying young people section below.

A young person is also 'relevant' if, having been in care for three months or more, they are then detained after their 16th birthday either in a:

• hospital
• remand centre
• young offenders’ institution
• secure training centre

There is a duty to support relevant young people up to the age of 18, wherever they are living.

There are 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’)
• provide accommodation and assistance to meet their needs in relation to education, training or employment

These are covered by Regulations 4 to 9 of the Care Leavers (England) Regulations 2010.

They are aged 18 or above 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.

There are statutory definition and requirements to:

• stay in touch with the young person
• keep the pathway plan under review
• continue the appointment of a personal advisor and provide financial assistance near where the young person is employed or seeking employment
• enable the young person to pursue education or training

These are covered by Regulations 4 to 9 of the Care Leavers (England) Regulations 2010.

If the former relevant child pursues higher education in accordance with their care plan, there is a duty to pay a higher education bursary.

To the extent that the former relevant child’s welfare requires it, ‘other assistance’ must be provided which may be in kind or, in exceptional circumstances, in cash.

These duties continue until the former relevant child reaches 21. Where the child’s pathway plan sets out a programme of education or training which extends beyond their 21st birthday, duties continue for so long as the child pursues that programme.

Specific duties are placed upon the local authority in respect of former relevant children who inform the local authority that they are pursuing, or intend to pursue, a programme of education or training. The local authority must:

• carry out an assessment of the needs of the former relevant child with a view to determining what assistance (if any) it would be appropriate for the local authority to provide
• prepare a pathway plan
• to the extent that the former relevant child’s educational or training needs require it, provide financial assistance by contributing to living expenses or making a grant to meet expenses connected with the education and training

These duties continue up to the former relevant child’s 25th birthday.

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 their ambitions. The extent of the practical and financial assistance provided will reflect the type of course, whether it is full or part time, and the young person’s existing income.

They are aged 16 and over and under the age of 21, and:

• subject to a Special Guardianship Order (or were when they reached 18) and were looked after immediately before the making of that Order
• At any time after 16 (but whilst still a child), were (but no longer are) looked after, accommodated or fostered

‘Looked after accommodated or fostered’ includes:

• Looked After by a local authority
• accommodated by or on behalf of a voluntary organisation
• accommodated in a private children’s home
• accommodated for a consecutive period of at least 3 months (including even before the child was 16) by a health authority, integrated care board (ICB) or local authority (providing education), in:
  • a care home
  • independent hospital
  • National Health Service trust or Foundation Trust
• privately fostered – but do not qualify as eligible, relevant or former relevant

Where a local authority looked after, accommodated or fostered a young person, and they are deemed as qualifying for advice and assistance, the local authority has a duty to take reasonable steps to contact them with a view to advising and assisting them

This includes financial assistance in relation to expenses incurred in living near the place where the young person is, will be, or is seeking work or where they will be receiving education or training; or where the person is in full time further or higher education, is under the age of 25 and qualifies for advice and assistance, or would have done if they were under 21, assistance in relation to securing vacation accommodation.