Your Voice, Your Rights, Your Care

Children and Young People of all ages and from all backgrounds come into Care when, for whatever reason, they are unable to live with their birth parents or guardians.

When the decision is made to place a Child or Young Person into Care, the Local Authority have Parental Responsibility.

Article 20 of the UN Convention on the Rights of the Child (children unable to live with their family), states that “If a child cannot be looked after by their immediate family, the government must give them special protection and assistance. This includes making sure the child is provided with alternative care that is continuous and respects the child’s culture, language and religion”. 

Section 20 of the Children Act 1989, says that the Local Authority share Parental Responsibility with the Parent of the Child or Young Person.

Section 31 of the Children Act 1989, give the Local Authority full Parental Responsibility for the Child or Young Person.

Section 22(3) of the Children Act 1989 says that Local Authorities have a Legal Duty to a Safeguard and Promote the Welfare of the Child or Young Person in their Care.

Section 22C(5) of the Children Act 1989 says the Local Authority should place the child in ‘the most appropriate placement available’, that is the best place to Promote and Safeguard the Child or Young Person’s welfare.

This means being placed:

• with a relative, friend or other person connected with the Child or Young Person 

• in long-term Foster Care

• with a Local Authority Foster Carer

• in a children’s home

• ‘in other suitable living arrangements made by the local authority’ 

The Care Plan is in place to make sure the needs of the Child or Young Person are met and to make sure they receive the best possible care.

A Care Plan must be completed by the Local Authority before a Child or Young Person is placed in Care or 10 days after they are placed in Care.

The Care Plan must detail the wishes and feelings of the Child or Young Person, their parents, any person who is not their parent but who has parental responsibility, and any other person whose wishes and feelings the Local Authority consider to be relevant.

Article 12 of the UN Convention on the Rights of the Child  (respect for the views of the child) states that "Every child has the right to say what they think in all matters affecting them and to have their views taken seriously".

With that in mind, Section 22(4) of the Children Act 1989, says that before making any decisions about the Child or Young Person the Local Authority are looking after or proposing to look after, the Local Authority must, so far as reasonably practicable, ascertain the wishes and feelings of the child.

It is important for Children and Young People in Care, to be involved in the Care Planning process, to make sure they are present to hear and be a part of the discussions about how their needs are to be met. It’s also really important for Children and Young People in Care, to be involved in the Care Planning process, to make sure their wishes and feelings (their Voice) can be heard and taken seriously, about their Care and how they wish their needs are to be met.

The National Standards for the Provision of Children’s Advocacy Services define advocacy as follows: ‘Advocacy is about speaking up for children and young people. Advocacy is about empowering children and young people to make sure that their rights are respected and their views and wishes are heard at all times. Advocacy is about representing the views, wishes and needs of children and young people to decision-makers, and helping them to navigate the system.’

Children and Young People in Care and Care Leavers are entitled to an Advocate to support them to express and convey their wishes and feelings to the Local Authority about their Care or make a complaint to their Local Authority about their Care.

It is your Local Authorities duty to provide you with an Advocate or you may want to have an Independent Advocate (someone who does not work for your Local Authority).

In simple terms, an Advocate will:

• Make sure your wishes and feelings are heard and taken seriously

• Attend decision making meetings with the Local Authority with you or on your behalf

• Make sure you are being treated fairly in line with your Legal Rights

• Assist you should you need to make a complaint 

• Ask questions to relevant people and speak up on your behalf

The Care Plan must detail the arrangements for the Local Authority to meet the needs Child or Young Person in relation to their:

• Health

• Education and Training

• Emotional and Behavioural development

• Identity (religion, racial origin, linguistic background and culture)

• Family and Social Relationships (family time also known as contact)

• Social Presentation

• Self-Care Skills

The Care Plan must be reviewed and discussed with the Child or Young Person in Care, the Child’s or Young Person’s Family Members, The Independent Reviewing Officer, The Social Worker, The Foster Carer or Residential Children’s Home Manager or Support Staff, The Supervising Social Worker, The Virtual School, The Designated Teacher and any other relevant persons or professionals.

At the Reviews, everyone must be clear about their responsibilities and the actions needed to make sure the outcomes and life chances of the Child or Young Person are improved.

When you are 16 years old, your Local Authority will start writing your Pathway Plan, with you.

Your Pathway Plan is an important document detailing what you need to help you prepare for leaving care to live independently and must be reviewed every 6 months.

It must include plans for your: 

• Health

If you have health problems, your Pathway Plan should say how the Local Authority will help you manage them and it should also say how the Local Authority will help you live a healthy lifestyle.

• Education, Training and Employment

Your Pathway Plan should make sure you have everything you need to succeed and are on track to achieve your goals. Your Pathway Plan should clearly state how the Local Authority will support you.

• Family and Social Network

Your Pathway Plan should say how the Local Authority will help you have good social and family relationships.

• Money

Your Pathway Plan must clearly state the financial support you’ll receive from your Local Authority.

Your Pathway Plan should detail what you are entitled to (including any savings and benefits), how to get it and when, and the help you might need to budget.

• Identity

Your Local Authority should help support you with your language, religion, ethnicity and sexual orientation, along with making sure you have the right ID documents and know how to access your Files that document your Care Journey.

• Where You Live

Your Local Authority should assess your accommodation (current or planned) and see if it’s suitable for you, including location, safety, bills and rent. Future housing options should be explained, including the plans to move to independent accommodation and what needs to be done for this to happen.

Your Local Authority will also have a Care Leaver Offer which details how they will continue to support you.

Here’s an example of a Care Leaver Offer from the London Borough of Barking and Dagenham Leaving Care Team, along with their Guide to Housing Options for Care Leavers.

YOUR Pathway Plan must include your wishes and feelings, so SPEAK UP or ask for an Advocate to help you.

Make sure you receive a copy of your Pathway Plan so you can check that you are receiving the support you need. 

A Personal Advisor (PA) or Leaving Care Advisor (LCA) is someone who offers advice, support and information to make sure you’re ready to leave care and live independently.

It's their responsibility to assess your needs, identify your goals and help you to overcome any challenges you face.  

Once you turn 18 years old, they’ll: 

• Be responsible for supporting you

• Review your Pathway Plan with you and make sure you reach your goals

• Keep in touch with you and make sure you can get the support you need

When you leave care (at age 18), your PA/LCA will keep in contact with you. You’ll be able to continue to get help and support from them until you’re 25 years old.

SPEAK UP or ask for an Advocate to help you, to make sure your wishes and feelings are heard and taken seriously by your PA/LCA.

Let us know in the comments or send us an email, if you’ve found this information helpful!