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Leaving care

Legal stuff

The law sets out four categories of care leaver. The table below explains what the terms mean for you. Your rights and entitlements will depend on your legal status, so it is important to understand this. Your social worker or personal advisor can explain all this to you and will help you to understand what help and support you can get.

You are an ELIGIBLE care leaver if:

  • You are aged 16 or 17, and You are currently a young person in care, and
  • You have been a cared for young person for a period of 13 weeks which began after you reached 14 and must include at least 1 day after you were 16 or 17.

You are a RELEVANT care leaver if:

  • You are no longer being cared for by the Local Authority (Stoke on Trent Children Services) but you have been ELIGIBLE, and
  • You are currently aged 16 or 17.

You are a FORMER RELEVANT care leaver if:

  • You are between 18 and 21, and before reaching 18 you were a RELEVANT young person, or
  • Immediately before you stopped being cared for you were an ELIGIBLE young person.
  • If at the age of 21 or before reaching 25 you continue to be in education or training, or
  • If at the age of 21 or before you are 25 you wish to start a course of education or training, or
  • If at the age of 21 or before reaching 25 you wish to have continued support.

You are a QUALIFYING care leaver if:

  • You are at least 16 but under 21 and you were a Cared For young person prior to the making of a Special Guardianship Order which was in force when you reached 18 or,
  • If at any time (but less than 13 weeks in all) after you reached 16 you were still a cared for young person but are no longer in care or,
  • You were privately fostered and assessed to be in need.

As a QUALIFYING young person, you are able to access advice and assistance based on a discussion with your social worker if you are under 18 or a Personal Advisor with the 18+ Care Leavers Service. Continued support up to the Age of 25 The law has also placed a duty on all Local Authorities to extend support in relation to former relevant young people who inform the Local Authority of their wish to receive a service after the age of 21 and under the age of 25.