Overview
This module outlines key legislation and guidance that define the roles, responsibilities, and statutory duties of Personal Advisors (PAs), as well as the rights and entitlements of care leavers. Familiarity with this legal framework ensures effective, lawful, and compassionate support for young people transitioning from care.
Exploration Prompts
How confident do I feel in applying the law when advocating for a care leaver’s rights?
Do I help young people understand their rights - or do I unintentionally gatekeep access to legal information?
How do I ensure that legal rights and entitlements are visible in every Pathway Plan I write?Core Legislation and Guidance
Knowing the law isn’t about memorising dates – it’s about confidently using legislation to protect, empower, and advocate. Click on the following policies to learn more and see their relevance to care leavers:
🧒 Children Act 1989
🔹 Purpose:
Establishes the framework for the care and protection of children in England and Wales, outlining local authorities’ duties towards children in need and those looked after.
🔹 Key Highlights:
Section 17: Duty to safeguard and promote the welfare of children in need. (Children In Need)
Section 20: Provision of accommodation for children without parental care. (Children In Care)
Section 21: Accommodation for children remanded to local authority care. (Youth Offenders)
Section 24: Support for young people leaving care. (Care Leavers)
Section 31: Criteria for care and supervision orders. (Care Orders)
Section 47: Duty to investigate if a child is at risk of significant harm. (Child Protection)
🔹 Relevance to PAs & Care Leavers:
1. Determines eligibility and entitlements for care leavers.
2. Section 24 outlines local authority responsibilities for supporting care leavers, including the appointment of Personal Advisors (PAs).
3. Sections 17 and 47 guide assessments and interventions for care leavers who may be vulnerable or at risk.
🔗 Link: Children Act 1989
🧾 Children (Leaving Care) Act 2000
🔹 Purpose:
Enhances support for young people leaving care by extending services and clarifying local authority responsibilities.
🔹 Key Highlights:
– Introduction of the Personal Advisor role.
– Requirement for a Pathway Plan for each eligible young person.
– Categorisation of care leavers into: Eligible, Relevant, Former Relevant, Qualifying.
🔹 Relevance to PAs & Care Leavers:
1. Defines the PA’s role in coordinating support and maintaining the Pathway Plan.
2. Determines which young people local authorities must support and the nature of that support.
🔗 Link: Children (Leaving Care) Act 2000
🎓 Children and Young Persons Act 2008
🔹 Purpose:
Improves the delivery of local authority social work services for children and young persons, including provisions for care leavers.
🔹 Key Highlights:
– Strengthens the framework for supporting care leavers in further and higher education.
– Emphasises the importance of stable placements and continuity of care.
🔹 Relevance to PAs & Care Leavers:
1. Supports PAs in facilitating access to education and training opportunities for care leavers.
2. Encourages stability and continuity in care arrangements.
🔗 Link: Children and Young Persons Act 2008
📜 The Care Leavers (England) Regulations 2010
🔹 Purpose:
Provides detailed guidance on the implementation of the Children (Leaving Care) Act 2000.
🔹 Key Highlights:
– Outlines the development, implementation, and review of Pathway Plans.
– Defines PA responsibilities and timelines for contact.
– Details financial assistance expectations from local authorities.
🔹 Relevance to PAs & Care Leavers:
1. Offers clarity on the content and review process of Pathway Plans.
2. Sets minimum expectations for contact frequency and case management.
🔗 Link: The Care Leavers (England) Regulations 2010
🧑⚖️ Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO)
🔹 Purpose:
Reforms legal aid and sentencing provisions, including changes to remand arrangements for children and young people.
🔹 Key Highlights:
– Any child remanded to youth detention accommodation becomes a “looked after child.”
– Triggers eligibility for leaving care support.
🔹 Relevance to PAs & Care Leavers:
1. Important for identifying care leavers who qualify due to remand status.
2. Ensures appropriate support is provided to these young people.
🔗 Link: Legal Aid, Sentencing and Punishment of Offenders Act 2012
🏠 Children and Families Act 2014
🔹 Purpose:
Introduces reforms to support children and families, including provisions for care leavers.
🔹 Key Highlights:
– Establishes the legal duty for Staying Put arrangements, allowing young people to remain with foster carers post-18 up to age 21 (or 25 if in education).
🔹 Relevance to PAs & Care Leavers:
1. PAs play a crucial role in preparing for Staying Put arrangements, including financial planning and emotional support.
2. Must be reflected in the Pathway Plan.
🔗 Link: Children and Families Act 2014
🏘️ Putting Children First (2016)
🔹 Purpose:
Government policy paper focused on improving outcomes for children in care.
🔹 Key Highlights:
– Introduces Staying Close – ongoing support for young people leaving residential care.
– Emphasises trusted adult relationships and support near former placements.
🔹 Relevance to PAs & Care Leavers:
1. Encourages planning for emotional continuity and accessible support networks post-care.
2. Beneficial for care leavers in residential settings without Staying Put options.
🔗 Link: Putting Children First
🧭 Keep on Caring (2016)
🔹 Purpose:
Outlines a cross-departmental strategy for improving outcomes for care leavers.
🔹 Key Highlights:
– Focuses on improved access to housing, health, education, employment, and financial support.
– Proposes the Care Leaver Covenant.
🔹 Relevance to PAs & Care Leavers:
1. Shapes strategic and cultural approaches to leaving care.
2. Encourages PAs to connect young people to national and local opportunities.
🔗 Link: Keep on Caring
🧑🤝🧑 Children and Social Work Act 2017
🔹 Purpose:
Strengthens local authority responsibilities and extends entitlements for care leavers.
🔹 Key Highlights:
– Introduces Corporate Parenting Principles.
– Requires publication of a Local Offer for Care Leavers.
– Extends PA support to age 25, regardless of education or training status.
🔹 Relevance to PAs & Care Leavers:
1. Emphasises a relationship-based, rights-focused approach.
2. Ensures continued support from PAs up to age 25 upon request.
🔗 Link: Children and Social Work Act 2017
🏗️ The Children’s Social Care National Framework (2023)
🔹 Purpose:
Part of the Stable Homes, Built on Love reform program to standardise and improve outcomes in children’s social care.
🔹 Key Highlights:
– Establishes a national practice model.
– Emphasises stability, relational working, and early transition planning.
– Sets new expectations around support for care leavers.
🔹 Relevance to PAs & Care Leavers:
1. Reinforces the need for consistency, early planning, and emotional support beyond practical logistics.
2. Aims to raise the standard of Pathway Plans nationally.
🔗 Link: Stable Homes, Built on Love
Quiz
Additional Policies and Frameworks
| Policy/Framework | Purpose |
| Working Together to Safeguard Children | Clarifies multi-agency responsibilities for safeguarding children and care leavers. |
| SEND Code of Practice | Ensures young people with SEN or EHCPs receive appropriate ongoing support. |
| The Care Leaver Covenant | Commitment from employers, services, and communities to support care leavers. |
Language Matters
| ❌ | ✅ |
|---|---|
| “We’re only involved because it’s a statutory requirement.” | “We’re here because the law recognises young people deserve continued support into adulthood.” |
| “You’re no longer eligible for care.” | “You have new entitlements under the Leaving Care Act – let’s explore what’s available.” |
| “You must follow this because it’s in the guidance.” | “This guidance helps us make sure your rights and needs are respected.” |
Reflective Questions
Am I familiar with all care leaver categories and their entitlements?
How do I advocate for a young person’s rights in housing, education, or legal proceedings?
Do I know the care leaver’s full legal entitlements under current legislation?
Do I know where to find the Local Offer and how to communicate its contents clearly?Useful Websites & Links
| Resource | Use | Link |
| GOV.UK Legislation | Direct links to full legislation texts | https://www.legislation.gov.uk |
| Become | Advocacy and rights for care leavers | https://www.becomecharity.org.uk |
| Children’s Commissioner | Reports and insights on children’s services | https://www.childrenscommissioner.gov.uk |
| Coram | Coram focuses on various areas, including adoption, fostering, education, and advocacy for children’s rights | https://www.coram.org.uk/ |
| National Leaving Care Benchmarking Forum | A Forum of leaving care teams, working to share good practice & improve services & support for care experienced young people. | https://leavingcare.org/ |
| National Youth Advocacy Service | Advocacy and support services for children, young people and adults in vulnerable situations across England and Wales. | https://www.nyas.net/ |
| Care Leavers’ Association | Charity aimed at improving the lives of care leavers of all ages. | https://www.careleavers.com/ |