Continuing Care: My Rights
Perhaps you are feeling rushed to decide what to do in the future? Or feeling overwhelmed by the number of options and wanting some more time to plan. Here, we explain what your rights are when thinking about continuing care.
Since 2015, local authorities have had this legal duty to support young people to stay living in places that benefit them after they ‘leave care’. You have a right to be cared for up until at least your 21st birthday, and remain with your carers in the same place if you choose. You should not feel pressures, or rushed into making a decision by anyone and when you do feel ready you have a right to ongoing aftercare support up until your 26th birthday if you need it.
No matter a young person's background, most people choose to leave home in their mid-20's. It’s quite often the case that they live at home whilst attending College or University or working their first job to save up some extra money so they feel more comfortable when making the decision to move out. This should be no different for some with lived experience of care, even if they are no longer being ‘looked after’. People are ready to live independently at different times in their lives and you should have the freedom to make that decision when it best suits you.
The law says that the only reason not to get Continuing Care is if an assessment – called a Welfare Assessment – shows that staying where you are would significantly affect your welfare for the worst.
If you are in care, with foster carers, kinship carers or in residential accommodation on or after your 16th birthday then you are entitled to make the decision to ‘stay put’ until the age of 21. Anyone working under the local authority is responsible for making sure you are aware of these rights. All of your options should be laid out clearly for you and you should be given ample time to consider these options and make the best decision for you.
Not sure you have a trusted adult to talk to about this? Get in touch with The Why Not? Trust Team and we’ll do our best to help.