Care leavers’ transitions to independence
Understanding care leaver status
This page explains the legal categories used to describe care leavers in England. In other parts of this module, you’ll see examples of young people’s experiences of leaving care. This page is designed to help readers understand why some young people receive full leaving-care support, while others receive limited or no support.
This page doesn’t list specific entitlements or financial support, because these can change and they vary between local authorities. If you want to find out what you’re entitled to, including your local care leaver offer, you can use the links on our Resources page.
Chloe didn’t receive leaving care support because she left care before the age of 16.
Chloe didn’t receive leaving care support because she left care before the age of 16.
What do you know about your rights as a care leaver? What support you are entitled to. Like if you have, did you have a local care leaver offer or anything like that?
Yes, offer as in like to university?
No. So I guess when you leave care, you have a care, they’ll tell you what your entitlements are.
Yeah. Because I left care and it was before 16, I wasn’t entitled to that. So, I obviously had support. I had, due to my estrangement and living in supported accommodation. But I wasn’t really aware.
How care leaver status is decided
The law groups young people differently depending on:
- how long you were in care,
- how old you were,
- whether you were “looked after”, after your 16th birthday.
Your category decides what kind of support you can receive as you move to independence. One key rule underpins most categories:
If you spent at least 13 weeks in care after turning 14, and you were in care at some point after turning 16, you’re likely to qualify for the full care leaver pathway.
These 13 weeks don’t need to be before you turn 16. For example, if you entered care at 17 and stayed for 13 weeks or more, you would usually meet the same criteria.
“Looked after” means being in the care of the local authority under the Children Act 1989. For example, living with foster carers, in a residential home, or with relatives under a care arrangement made by children’s services.
Daisy missed out on leaving care support by three days.
Daisy missed out on leaving care support by three days.
Obviously you’re... as someone who is in care, you know roughly what people could go into, but because of the law of the care system being very red taped and strict, the situations you’re in, all depends on your entitlement and your situation in care, which for me, I just missed the legal fully care entitlement threshold by three days, which meant that I got the bare minimum of support. So, I had no choice of saying where I went, and it’s also a situation where the support I would receive, once I left, so as soon as my 18th birthday came, wouldn’t be through the care system, it would be through just the general local authority support that every other citizen would get. So, because I didn’t qualify for support under the care system due to the... me not qualifying, so it was very rushed and quite overwhelming, to be honest.
It’s a situation where, in care, every single person in the care system is in a unique situation. Even if your siblings, you will not get identical level of support, ’cause it depends on your individual situation. So, a lot of people don’t realise that, they just think, ‘oh, yeah, you’re all in care, you must all get the same thing.’ Not... don’t work like that. There’s a lot of laws and restrictions to it, and I’m someone who’s had to deal with every single one, basically. And it’s not been good, but it’s gotten me to where I am now. So, like, in the process of being in care, like from when I entered, to when I left, I was also a student, so I was having to juggle my education alongside all the different things I was dealing with. And it... it was hard; it was really, really hard.
The main legal categories
Eligible Child
You’re 16-17 and still in care, and you’ve spent at least 13 weeks in care after your 14th birthday, including some time after you turned 16.
Relevant Child
You’re aged 16-17 and no longer in care, but you previously spent at least 13 weeks in care after your 14th birthday, including time after you turned 16.
Former Relevant Child
You’re 18 or over and were previously an eligible or relevant child. You can usually get support until age 21, or up to 25 if you ask for help from your local authority. This includes having a personal advisor and a pathway plan to help you move towards independence.
Elijah said care leavers should be told that support can continue up to age 25 if they’re a former relevant child.
Elijah said care leavers should be told that support can continue up to age 25 if they’re a former relevant child.
Once they turn 18 the support is wildly different. And I think as well, a lot of young people need to know what support they can get post 21, because so many young people don’t know. The amount of young people I have had come across my TikTok page, especially when they’re on TikTok LIVE, and I mention the fact that you’re... that if you’re from…a relevant child, that your case should be open till 25, if you want it to be open: I’ve had young people say that they didn’t know that. I’ve had, even just in the last like couple of months, I’ve had at least three or four young people who’ve come onto my page between the ages of like 22 to 25 whose cases were closed at 21, and had no idea that they had the right to keep it open.
Qualifying Young Person
You were in care for less than 13 weeks in total, or you were looked after earlier in childhood but don’t meet the criteria above. You can still ask your local authority for advice and assistance, but you won’t get the full leaving care package.
Young people supported under the Southwark Judgement;
The Southwark Judgement (R v Southwark LBC 2009) says that 16–17-year-olds who present as homeless should normally be offered housing by children’s services under Section 20 of the Children Act 1989:
- If the young person agrees to be housed under Section 20, they become a looked after child.
- If that period lasts at least 13 weeks and includes time after their 16th birthday, they will qualify for the full care leaver pathway when they turn 18.
- But if they are only supported under housing law (for example, by the housing department rather than children’s services) they do not become “looked after” and will not receive full care leaver status.
This is why many homeless 16–17-year-olds do not receive the same support as those who were formally “looked after”.
Need help?
If you’re not sure which category you fall into, you can:
- ask your personal advisor or social worker, or
- contact your local authority’s leaving care team for advice.
You can also check your local care leaver offer (for details of support available in your area) using the link on our Resources page or on your council's website.
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