'Moving on' from care into adulthood: consultation

3. Moving On Into Adulthood And Transitions To Adult Services

3.1 Introduction

The First Minister instructed an independent review of the care system in Scotland in 2016. Running from 2017 to 2020, the Independent Care Review listened to over 5,500 voices, over half of which were children and young people who had experience of the care system. In 2020, the Independent Care Review published its report, The Promise. The Scottish Government, along with local and national partners, has committed to delivering all of the actions set out within it. In order to do this, the Scottish Government published its Promise Implementation Plan in March 2022, which sets out the actions and commitments that will be taken across the Scottish Government to Keep the Promise by 2030.

The Promise tells us that when our children leave the care system, they are too often not ready for adulthood. The Scottish Government recognises the particular challenges faced by young people who are moving on from care and into adulthood. At any age and for any young person, moving on from home can be an exciting but challenging time. It is vital to ensure the right support networks are in place to help a young person thrive.

We must ensure the right services and supports are in place to make Scotland a good place to live for all our young people. By 2030, the support available to those leaving care will focus on their individual needs and will be accessible. The journey should be clear and feel smooth. Our young people should feel that they are able to access the support they need to help them lead an independent life.

Young people have spoken of the anxiety they felt about moving on from care and living alone for the first time. It is vital that we ensure the proper help is in place to support young people and guard against financial hardship as they transition out of care. Having a safe and warm home is essential for physical and emotional wellbeing. The Independent Care Review^[1] highlighted the links between those with care experience and the increased risk of poor mental health, addiction, homelessness and exploitation. Homelessness impacts all aspects of a person’s life and can hinder their ability to move forward in areas such as education, employment, health and social integration.

3.2 Policy, Guidance and Legislative Landscape

The Scottish Government recognises that the needs and backgrounds of people with care experience are varied and wide-ranging, and that a broad package of Throughcare, Continuing Care and Aftercare support is needed to offer additional help when and where it will have most impact.

Section 29 of the Children (Scotland) Act 1995 (“the 1995 Act”) requires local authorities to carry out a needs assessment for each young person who ceases to be looked after on, or after, their sixteenth birthday, with a view to determining what advice, assistance and support the authority should provide. Local authorities are required to carry out a pathway assessment on Aftercare services for young people who reach, or have reached, their sixteenth birthday but are still looked after.

Local authorities also have a duty to provide throughcare to all looked after children under section 17(2) of the 1995 Act. The term 'throughcare' refers to the advice and assistance provided to looked after children with a view to preparing them for the transition to adulthood when they are no longer looked after by a local authority.

A care leaver is defined as anyone who has left care on, or after, their sixteenth birthday. The local authority still has a duty to advise, guide, and assist care leavers until their nineteenth birthday and a power to do so until their twenty-sixth birthday. The Children and Young People (Scotland) Act (“ the 2014 Act”) introduced Continuing Care provision and extended the entitlement to Aftercare support for people leaving care up to their twenty-sixth birthday.

There are a range of support and guidance^[2] local authorities can use to ensure that people leaving care, care providers and those who support them are equipped so that when it comes time to leave home the young person can reach their full potential.

This includes planning and support around financial assistance, education and employability, responsive healthcare for physical and mental wellbeing, access to housing along with the practical support to manage their household, and advice, guidance and friendship from those with whom they have developed trusting relationships which supports their personal wellbeing.

The Staying Put Scotland guidance, published in 2013, emphasises the crucial importance of the continuity of relationships and the expectation that all looked after children should routinely remain in their arrangement until at least the age of eighteen. As a result of the 2014 Act, people leaving care after their sixteenth birthday, and who have been previously looked after, have been eligible for Continuing Care, with the effect that young people can remain in their eligible care setting and receive the same level of support up to their twenty-first birthday.

“Aftercare” refers to the advice, guidance, and assistance provided to care leavers under section 29 of the 1995 Act. All care leavers who cease to be looked after on or after their sixteenth birthday are eligible for support with local authorities having a duty to provide support to all care leavers up to their nineteenth birthday. Local authorities may continue to provide support until their twenty-sixth birthday, and beyond, if they are assessed as having eligible needs. It is important to note that the legislation allows a local authority to continue to provide support even if no eligible need is identified.

The young person is also entitled to advice and support from a Pathway Coordinator who coordinates and reviews the plan as well as advocacy from a Young Person’s Supporter.

People leaving care are eligible for Care Leaver Council Tax Exemption until they are 26 years of age. Tenants in receipt of Housing Benefit or the housing element of Universal Credit and who are struggling with housing costs may be eligible for discretionary housing payments from their local authority. While there is not a statutory duty to do so, local authorities will normally provide financial support to people leaving care to buy household goods when they move into their first tenancy through the Leaving Care Grant which forms part of Aftercare support.

Every University in Scotland guarantees a place for care experienced applicants who meet their minimum entry requirements on their chosen undergraduate course. Care-experienced young people and adults are entitled to a College bursary or Undergraduate Student bursary of up to £9,000 each year. In addition, support is available through a Special Support Loan of £2,300 and a Summer Accommodation Grant of £1,330 to help with accommodation costs through the summer break. Care-experienced students may also be supported by discretionary payments from their place of study to help with childcare and travel costs or rent guarantees for private accommodation.

There are a growing number of unaccompanied children arriving in the UK and seeking asylum. In Scotland, these children are safeguarded and have access to all the services and provisions for looked after children under both the 1995 and 2014 Acts. It must be noted that unaccompanied children are also subject to immigration law which can make planning for their future more challenging.