Leaving Care

The information on this page is the National Care Advisory Service' interpretation of statutes, cases and other sources of rights and duties. Where possible, links are provided to the original. For further information, please contact the NCAS enquiries service by email: ncas@catch-22.org.uk or by calling us during office hours on 020 7336 4824.

The Legal Framework

The Children Act 1989

The Children Act 1989 remains the general legal framework for young people in and leaving care. Most subsequent legislation has amended and supplemented its provision. It came into force on 14 October 1991.

Children (Leaving Care) Act 2000

The Children (Leaving Care) Act 2000 and the associated Regulations and Guidance were designed to improve the life chances of young people leaving care and provided important new entitlements. The types of services and the upper age limits of young people they are responsible for were extended. Read more

Young Persons Guide to Children (Leaving Care) Act 2000 download

Children and Young Person Act 2008

The Children and Young Persons Act came into force on 13 November. It puts into legislation some of the provisions of the Care Matter White paper. Our briefing details the main provision of the Children and Young Persons Act and has a particular focus on older young people in care and those making the transition from care.

Legal rulings since the Children Leaving Care Act

This section includes information about criminal injuries compensation, overnight stays at friends, access to files, on duty to accommodate & provide leaving care services parenting, maternity and paternity rights, dealing with the police, drugs, debt, hire purchase, utility bills, loans and credit, healthcare.

G vs. Southwark (2009)

This NCAS briefing looks at a recent (May 2009) Law Lords judgment: G vs. Southwark, which considered how local authorities support homeless 16 and 17-year-olds. The briefing explains the facts of the case, current law, the ruling and concludes by considering the implications for practice.

NCAS briefing on Law Lords judgment

Shelter briefing - Responding to youth homelessness following the G vs LB Southwark judgement

J vs. London borough of Sutton (2007)

J brought this case in order to get the London Borough of Sutton to provide her with leaving-care services as a ‘relevant child’ under the Children (Leaving Care) Act 2000.

Practice note on Sutton case

J vs. Caerphilly County Borough Council (2004)

This case addresses issues relating to local authority responsibilities towards care leavers in assessing and drawing up pathway plans

DfES briefing on Caerphilly judgement

Practice implication briefing on Caerphilly judgement

Law and Rights