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L

Laws

Laws are made in the Houses of Parliament. All Laws are called Acts.

The Children Act 1989 and the new ‘Adoption and Children Act 2000’ are the main laws that affects you and tells social workers what they can and cannot do while you are being looked after. You can find information of these acts in the Adoption section and Children Act section.

The ‘Children (Leaving Care) Act 2000’ also provides laws and guidelines, to help you after you leave care and with your future ahead. Refer to the Leaving Care section below for more details or ask your social worker.

If there is a court case about your care and welfare, the court must make sure that the law is being followed. This means that when we go to court for a Care Order or any other type of Order, it must make sure that we are operating within the law.

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Leaving care

Most young people leave care when they are 18 although support can be offered if you are in Further Education at a college or university. If you feel ready it may be possible to leave Care when you are 16 or 17.

The Children (Leaving Care) Act 2000 aims to give support and advice to care leavers, to make a successful transition to independent living.

The main aims of the Act are:

• to ensure a ‘Pathway Plan’ is set out for when you leave care. This plan should include such things as education, training, career, health, personal and financial support advocacy, and leisure and housing plans and adapt it to your changing needs. This plan will be regularly reviewed first after three months, then at six-monthly intervals.
• to give preference for ‘suitable housing’.
• to give care leavers greater access to funding for higher education, towards accommodation and fees etc.

There are words that describe the stage you are at with regard to your leaving care. These are:

• Eligible - you are 16 or 17 and still in the care of social services and they have to meet all your needs as they did when you were younger.
• Relevant - you are 16 or 17 and have left care but you were in care on your 16th birthday, you may have also been in hospital or the youth justice system.
• Former Relevant - you are 18 - 21 and used to be an eligible or relevant child. You might also be over 21 or in education or training for as long as agreed in your pathway plan.
• Qualifying child - your are 16 - 21 or 21 - 24 and in education or training, you were in care on your 16th birthday but spent less than 13 weeks in care since turning 14. You don’t have as many rights as other care leavers.

Your social worker and you should start to think about the following things from when you are 15 and have a Pathway Plan at the latest by the time you are 16 years and 3 months old. This does not mean you have to leave care by then, ideally you would not leave until you are 18.

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Accommodation

• do you want to have your own bedsit or flat?
• do you want to live independently or would you want to live in supported lodgings?
• how will you pay for the rent? How much can you afford?
• would you prefer Plymouth City Council or private accommodation?
• can you return to live with your family?

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Career

• do you want to stay on at school or go into Further Education?
• do you have a Connextions advisor who can help you think about what you want to do as a job or training?

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Finances

• do you know how your Benefit entitlement is worked out?
• how much will you allow for food, laundry and household items and how much for leisure?
• what about travels to and from work and/or college?
• how are you going to save for the things that you will need, like furniture and stereos?
• when can you have your leaving care grant?

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Lesbian, gay or bisexual

• Homosexual is the name for people who are sexually attracted to people of their own sex.
• Heterosexual is the name for people attracted to the opposite sex.
• Bisexual is the name for people attracted to both sexes.
• Homosexuality or Bisexuality is not wrong! (See Sexual Relationships)

If women are sexually attracted to other women they are called lesbian women. If men are attracted to other men they are sometimes called gay men. Sometimes the word gay is used for men and women who are attracted to their own sex.

If you are lesbian or gay you should be respected and you do not have to put up with jokes or bullying from other children or young people or foster carers or staff. If this is happening, then you are being discriminated against and should tell someone you trust so they can help you tell your social worker.

We have a policy that says that discrimination must be challenged and your social worker will look at ways to stop you being treated unfairly.

If you think you might be lesbian or gay:

• you may be feeling confused about the way you feel and you might want to talk to someone about this.
• you might feel it is really hard to talk to anyone that you know, so you could ring the Lesbian and Gay switchboard where there are people who will listen to you and can give you some further advice (see the Contacts page of this section).

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Looked after

’Looked after’ are the legal words used to describe:

• a child or young person who is either in care because of a Court Order or being accommodated by us by arrangement with their parents (or by arrangement with themselves if they are over 16 years).
• a child who is looked after and cared for by Plymouth City Council.
• a young person who is subject to an Emergency Protection Order or who is accommodated by Plymouth City Council following the police taking them into police protection.
• a child or young person who has become looked after by us if the court decides that a child or young person should live in Plymouth City Council accommodation while assessments are carried out during the period of a Child Assessment Order.
• a young person if they are remanded or detained in Plymouth City Council accommodation. This can happen if they are arrested and charged by the police, or if a court decides to remand them following criminal charges.

A court can also decide that we should look after a young person for up to six months at a time if the young person is on a Criminal Supervision Order. When this happens the court will state that the young person must live in Plymouth City Council accommodation, as an added condition of the Order.

Children and young people are looked after away from home for lots of reasons. Your own reasons will be special to you. You should know and understand these special reasons. If you don’t, ask your social worker to explain things.

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