Beyond the System: Legal Challenges and Support for Carers and Care Leavers
November marks National Care Leavers Month, a time to spotlight the experiences of young people transitioning out of care and the carers who support them. While the month is rooted in awareness, it’s also a call to action, especially for legal professionals, to help navigate the complex web of rights, entitlements, and systemic challenges that care leavers face.
The hidden struggles of care leavers
Leaving care is not a single event, it’s a journey often marked by emotional trauma, identity loss, and mental health challenges. Many care leavers struggle with:
- Disconnection from family and cultural identity
- Limited access to counselling and therapeutic support
- Uncertainty about housing, education, and employment.
These challenges are compounded by a lack of visibility around the support systems available to them.
Legal rights and entitlements under Welsh law
The Social Services and Well-being (Wales) Act 2014 outlines six categories of care leavers, each with distinct entitlements. Understanding these categories is essential for ensuring young people receive the support they’re legally owed:
Category 1 (Aged 16–17, currently looked after)
A category 1 young person is a child aged 16 or 17 who is being looked after by a local authority and who has been looked after by a local authority (in Wales or England) for a period (specified in regulations), which began after he or she reached an age specified in regulations and ended after the child had reached the age of 16.
Entitled to:
- A Pathway Assessment and Pathway Plan
- A Personal Adviser
- Support to prepare for leaving care
- Accommodation and maintenance (since still in care)
- Planning for education, employment, training, health, and well-being.
Category 2 (Aged 16–17, recently left care)
A child aged 16 or 17, who is no longer looked after by a local authority (in Wales or England) but who immediately before ceasing to be looked after was a category 1 young person.
Entitled to:
- Continued Pathway Plan and Personal Adviser
- Suitable accommodation (Regulation 9 of the Care Leavers (Wales) Regulations 2015)
- Support with education, training, employment
- Contact and visits from the local authority
- Help with life skills and transition to independence.
Category 3 (Aged 18+, formerly Category 2)
A young person who is aged 18 or over, and who used to be a category 2 young person and would continue to be so if he or she were under the age of 18; or who was being looked after by a local authority when he or she reached the age of 18, and, immediately before ceasing to be looked after, was a category 1 young person.
Entitled to:
- A Personal Adviser (on request up to age 25)
- Continuing support via the Pathway Plan
- Help with housing, employment, education, health
- Regular contact and review meetings.
Category 4 (Under 25, pursuing education or training)
A young person who is under 25 (or a lower age specified in regulations) and for whom the duties under sections 105, 106, 107(3) and (10) and 110 have ceased to apply, and who has also informed the local authority that he or she is pursuing, or wishes to pursue, education or training.
Entitled to:
- Advice and assistance
- Support with education or training
- Discretionary financial support (e.g. travel, equipment, accommodation for study)
- A Personal Adviser if needed.
Category 5 (Special Guardianship Order in place)
A young person who is 16 but not yet 21 in respect of whom a special guardianship order is in force (or if the person is 18 or over, an order was in force when he or she reached 18). A category 5 young person will be entitled to the same support from a local authority as that provided for a person qualifying for advice and assistance under section 24A of the 1989 Act.
Entitled to:
- Reinstated Personal Adviser and revised Pathway Plan
- Support with accommodation and living costs for education/training.
Category 6 (Previously looked after between ages 16-18)
A young person who has not yet attained the age of 21; is residing in Wales; and who, whilst not currently being looked after, accommodated or fostered, has been looked after, accommodated or fostered for a period when they were between the ages of 16 and 18. This category does not include anyone capable of being captured by the definition of a category 5 young person.
Entitled to:
- Same support as Category 5.
The “When I Am Ready” scheme also allows young people to remain in their foster placements post-18, with consultation involving their foster parent, parents, link worker, and Independent Reviewing Officer (IRO) Regulation 50.
For more on the legal responsibilities, visit Law Wales and the full legislation.
Systemic Barriers
Despite these entitlements, care leavers often face:
- A shortage of foster carers and stable placements
- Poor visibility of available services
- Distrust in social services due to inconsistent support
These barriers can leave young people feeling isolated and unsupported during a critical life transition.
Community and local resources
Organisations like our Compass Community Hub in Merthyr Tydfil and the national organisation Become Charity offer vital support, from skill-building workshops to peer mentoring. However, many care leavers still struggle to find these resources due to fragmented information.
There’s a pressing need for centralised, updated directories of support services, something as law firms we can help advocate for.
What law firms can do
Legal professionals play a crucial role in supporting care leavers. Here’s how:
- Provide legal representation and advice tailored to care leavers’ rights
- Engage in community outreach to educate young people and carers
- Collaborate with local hubs and charities to amplify support networks.
Conclusion: know your rights, share the support
This National Care Leavers Month, we encourage everyone, especially those in the legal sector, to raise awareness, offer guidance, and advocate for better systems. If you’re a care leaver or carer, know your rights and don’t hesitate to seek support. Contact our Care Department today to speak with someone who understands and can help. We're here for you.