What Happens When A Child Leaves Social Care?
In her latest Timms blog, Family Law Solicitor Fiona Moffat discusses what happens when a child leaves social care…
When care orders are made they cease to have effect when the young person reaches adulthood at 18 years old. Social care has a duty to support young people who have been subject to a Care Order from the age of 16 years old, as well as to plan for their future, offering practical and emotional support during this transitional period towards independent living.
What Must The Local Authority Do?
The Local Authority must hold a meeting called a “statuary review meeting” when the young person reaches 16 years of age to decide what support they will put in place and what support the young person needs. The plan that is made following this meeting is called a “pathway plan”, also referred to as a “transition plan” by some Local Authorities.
Who Will Go To The Meeting?
Firstly, it is important that the young person who is the subject of the Care Order is involved in this planning process and is therefore pivotal to the meeting. The young person will usually attend with a personal advisor, appointed by the young person themselves. This can be either a Social Worker with whom the young person has developed a strong relationship with, or another person known to the young person.
Carers for the young person will also attend the meeting, as they can give insights into the needs of the young person. The young person’s Social Worker will always attend and sometimes, if the young person is in education, an individual from school or college who knows the young person well. Additionally, the Independent Reviewing Officer will attend.
The Pathway Plan will consider what and how much support the young person will need to receive from the Social Worker and personal advisor. This includes health, education, financial management, accommodation and contact with their family. A review plan should take place every six months, but it can be reviewed earlier by the request of the young person or their personal advisor.
Very often a young persons goal is to leave care and have independent living. Sometimes they seek supported accommodation as they identify that they will need some additional help in managing their finances and helping them not become isolated once they move to independent living.
The Local Authority’s Role
The Local Authority MUST provide support for a young person leaving care until they are 18 years old. However, this can last until they are 25 years old if the young person wishes to continue to engage with the Local Authority.
The Local Authority must provide a personal advisor who is expected to contact the young person at least every 2 weeks and there must be a plan until the young person is 18 years old. A young person can remain living with their foster carer until they are 21 years old, if they wish to do so. The Local Authority must make sure that the young person has somewhere to live and financially support them until they are 18 years old.
Personal advisors must be proactive and contact those young people aged 21 to 25 years, even if they have not accessed services. The Local Authority can provide access to discretionary funding to assist with rent, food or utility bills. They can assist those who have left care in this way and they will also have access to other financial assistance which would support them in their chosen pathway.
It is acknowledged that young people leaving care can face significant challenges. Therefore, it is important to their future that practical support, advice and resources are made available to them.
How Can We Help?
If you have any questions relating to this article, or any other family law matters please do not hesitate to contact me or any of the Family Law team. You can contact me on 01332 364436 or via email at f.moffat@timms-law.com. Alternatively, visit the family law section of our website here.
February 2022