What if I'm leaving care?

This content applies to Scotland only.

Housing laws vary between Scotland and England. This page applies to Scotland only. Get advice relating to England

Around 10,000 young people leave care every year in the UK, and up to 20 per cent experience homelessness within two years. That's why care leavers are entitled to additional support from the council and from social work. This section explains your rights and how you can get further help.

Who are care leavers?

Care leavers are young people who were looked after by the council's social work department when they turned 16 but are now moving on to live independently. You will be a care leaver if:

• you have been supervised by a social worker whilst living at home
• you have lived in a children's home or residential school
• you have lived with a foster family.

When can I leave care?

You can leave care once you are 16. However, just because you can leave doesn't mean you have to. If you would prefer to stay in your current accommodation (for example, with a foster family), you should discuss this when you are making your pathway plan (see 'what is a pathway plan' below).

If you are under 16 and thinking of leaving care, your rights are very different because you are still considered to be a child. If you have serious problems where you are living, for example if you are being bullied or abused, you may want to leave straight away. If you are in this situation, contact ChildLine on 0800 1111. ChildLine advisers can help with lots of different problems - not just housing - and are available 24 hours a day.

What should I do before I leave care?

Leaving care and getting your own place is a big step, so it's important that you're well prepared. Your local council has a legal duty to help you make your plans to move on, and to support you in your transition to independent living. This usually involves the social work department or children's services department taking the lead with you, but will probably also involve the housing department, local voluntary organisations and others.

What can the council do to help me?

The council must make sure that:

• you have all the information you need to make decisions about your future - for example, about whether you are going to carry on studying, start training for a job or start work, and where you are going to live
• you have a suitable place to live when you leave care
• you have the opportunity to get all the skills you need to live independently - for example, you should receive help with opening a bank account and budgeting, and advice on cooking, cleaning and keeping healthy
• you have a plan for your future, called a 'pathway plan'.

People who have left care are more likely to become homeless than other young people, but being well prepared can reduce the risk. Although you may not like the idea of the council 'interfering' in your life, it's best to take advantage of all the help you can get.

What is a pathway plan?

Before you leave care, the council will help you create a plan of action for your future known as a 'pathway plan'. There are three stages involved in creating a plan:

1. Telling the council what you want

It's important that you let the council know what you want to do when you leave care. You'll be asked to attend a meeting with social work and your pathway co-ordinator (the person responsible for making sure that your plan is drawn up and you have all the support you need to follow it). This will give you the opportunity to talk about your current situation and what you want to do in the future. The council will need to know about:

• your lifestyle and background
• the kind of person you are
• your family and friends
• your health and well-being
• your hopes for the future
• your plans for study, training or work
• your accommodation arrangements and how capable you are of looking after yourself
• your financial position and how good you are at budgeting
• how much you know about your rights
• any special needs you have.

If you like, you can choose someone to come along to your meetings with you, to support you and make sure your opinions are taken seriously. This person may be a relative, a teacher, support worker or foster carer. They are known as a 'young person's supporter'.

2. Getting your situation assessed

Social work will then assess your situation to decide what support you'll need to carry out your plan. They'll need to talk to other people in your life, such as your parents or guardian, carers, teacher, doctor, careers adviser and anyone else you'd like to be involved. If there's anyone you don't want them to talk to, let them know.

3. Drawing up your plan

Once the assessment is completed, you and your pathway co-ordinator can draw up your pathway plan. This will outline:

• where you are going to live
• how you will afford to pay rent and living expenses
• whether you will continue your education, start training or look for a job
• how you will cope living on your own
• what the council is going to do to help you carry out your plan.

The plan isn't set in stone - it will be reviewed regularly and you can update and change it as you go along. The council has a responsibility for keeping in touch with you and making sure you have the support you need until you are at least 21.

Where will I live?

The council is responsible for making sure that you have somewhere suitable to live when you leave care. This may be:

• back with your parents or family
• your own rented flat or a room in a shared flat or house
• a bed-sit
• a place in a hostel or foyer offering support for young people
• a place in 'move on' or satellite accommodation.

The pages on short term and long term housing options have more information on the kind of accommodation available to young people.

What financial support can I get?

The financial support available to you will depend on your age and your circumstances. The social work department may support you, or you may be able to claim benefits. The page on financial support for care leavers explains what you are entitled to.

What if I'm not happy with the way social work treat me?

If you aren't happy with the support or accommodation you receive from social work, or you think they aren't taking your wishes into account, you can make a complaint. When you draw up your pathway plan, you should be given information about your social work department's complaints procedure. However, complaining can be a complicated process, and it's best to talk to an adviser from a Citizens Advice Bureau or other local agency first. See 'where can I get help and advice' below.

What if I become homeless after leaving care?

Even the best laid plans can go wrong, and you may find yourself with nowhere to live. If this happens, there are several options open to you:

Get help straightaway

If you find yourself with nowhere to live, get in touch with your pathway co-ordinator as soon as possible, or use the Advice Services Directory to find a housing aid centre, housing advice service or Citizens Advice Bureau near you. They may be able to:

• help you find emergency accommodation
• go over your longer term housing options with you.

In an emergency, call Shelter's free housing advice helpline on 0808 800 4444. Shelter can't provide you with a place to stay, but an adviser should be able to help you find a place in a hostel or refuge near you.

Make a homeless application to the council

The council has a duty to help people who have nowhere to live. In order to get help, you may have to make a homeless application to the council's housing department. When you make your application, make sure the council realises that you were in care. The help you're entitled to will depend on your age and personal circumstances.

• If you are under 18, social work is still responsible for your welfare, so the housing department will probably refer you to them. Social work and other services should work together to help you find a new place to live, and offer you support.
• If you are aged 18-21 and have been in care, you are entitled to help from social work and from the council's housing department. You will automatically be classed as being in 'priority need', which means you have an increased chance of being offered permanent housing by the council.
• If you are over 21 but have been in care in the past, you may be able to get permanent accommodation from the council if you can show that you are in priority need as a result of being in care. This may be the case if you have not had a stable home since leaving care, or if you have been sleeping on the streets. You may also be in priority need for other reasons, for example if you are pregnant or have children. You can read more about priority need here.

Councils should have procedures in place to ensure that you aren't passed endlessly between the housing and social work departments, with neither taking responsibility for your case. However, if you think this is happening to you, talk to an adviser at a housing aid centre or Citizens Advice Bureau immediately. An adviser should be able to negotiate with the council on your behalf.

Where can I get more help and advice?

If you become homeless, or if you aren't happy with the support or accommodation you're getting from social work, go and see an adviser at a housing aid centre, Citizens Advice Bureau or local youth advice agency. Use the Advice Services Directory or the Youth Information Point finder at the Young Scot website to find an agency near you.

An adviser may be able to:

• check whether social work are providing all the help and support they should be
• help you make a complaint if you're not happy
• make sure you are claiming all the benefits and grants you are entitled to
• help you find emergency accommodation and go through your longer term housing options with you
• help you sort out any other problems you may be having, or put you in touch with other specialist agencies who can help you.

You can find out more about your rights at the Who Cares Scotland website.