What rights does a young adult have in extended foster care?

A young adult in extended foster care has legal rights as a care leaver, but the arrangement is different from foster care before the age of 18. After turning 18, they are usually no longer looked-after children. They live in a continuing arrangement with the foster carer, while receiving leaving-care support from the local authority under the Children (Leaving Care) Act 2000 and related guidance.

These rights apply differently depending on the young person’s care-leaver status, personal circumstances and the type of arrangement in place. The local authority should explain the position clearly and record agreed support in the young person’s pathway plan.

Right to remain in a suitable foster placement

Where a young person and foster carer want the arrangement to continue, the local authority should work with them to consider a Staying Put arrangement. This can normally allow the young person to remain with the foster carer beyond their 18th birthday, potentially until they are 21. It is not an automatic right to stay regardless of circumstances: the young person, foster carer and local authority need to agree that the arrangement is suitable and workable.

The young adult should be told:

• what type of arrangement is being offered;
• how long it is expected to last;
• what financial and practical support will be provided;
• what responsibilities each person has; and
• how the arrangement can be reviewed or brought to an end.

After 18, the young adult should have greater control over everyday decisions than they did as a child in care. They can contribute to household agreements and should be treated as a young adult living in a family home, rather than simply being subject to children’s fostering rules.

Right to a clear pathway plan

A pathway plan sets out the practical steps and support needed for the young person’s transition to adulthood. It should be specific to the individual rather than a standard document. It may cover accommodation, employment, education or training, money management, health, relationships, identity and cultural needs, and preparation for independent living.

The young adult has the right to contribute to the plan and to receive a copy. If circumstances change, they can ask for the plan to be reconsidered rather than waiting for a scheduled meeting. A Personal Adviser should help them understand the plan, contact relevant services and prepare for changes such as moving home, starting work or entering further education.

Support from a Personal Adviser can usually continue until the young person reaches 25 if they request it, even if they did not previously take up that support. The adviser should remain focused on the young person’s goals and should not make decisions on their behalf without proper involvement and consent, except where safeguarding or another legal duty requires action.

Right to practical help with education, training and employment

A care leaver should receive support to pursue education, training or employment that reflects their abilities and aims. This may include help with applications, travel, equipment, course-related costs, interview preparation or planning a move into student accommodation. The exact assistance depends on the local authority’s policy and the young person’s circumstances, so it is reasonable to ask for the relevant policy in writing.

Young people entering higher education may also be entitled to support from their local authority, such as help with accommodation during holidays or assistance connected with study. They should check the arrangements before accepting a place, particularly if they cannot return to a foster placement during vacation periods.

Right to help with housing

Turning 18 should not mean being left without a safe place to live. The local authority should plan accommodation with the young person and take account of whether they are ready for independence. A move should be properly prepared, rather than treated as an unavoidable consequence of reaching adulthood.

If a Staying Put arrangement ends, the young person can ask for advice about other suitable accommodation. Housing rights may also arise under homelessness law, depending on factors such as care-leaver status, vulnerability, local connection and the risk of losing accommodation. A young person who is at risk of homelessness should contact the local authority’s housing and leaving-care services promptly and explain their care history.

Right to financial assistance and transparent information

Financial help is not limited to a weekly allowance. A young adult may receive support connected with living costs, education, training, setting up a home or an agreed Staying Put arrangement. The amount and form of help can vary, and some payments or benefits may affect others.

The young person has the right to receive clear information about:

• which payments or practical contributions are available;
• who is responsible for paying them;
• when payments will be made;
• what happens if their education, work or accommodation changes; and
• how to challenge a decision they believe is incorrect.

They should not be expected to agree to an arrangement without understanding its financial implications. Independent benefits or money advice may be useful because entitlement depends on individual circumstances.

Right to privacy, dignity and respect

Although the young adult remains connected to the care system, they are entitled to appropriate privacy and respectful treatment. Household expectations should distinguish between reasonable shared-living arrangements and unnecessary control over an adult’s personal life. Information about the young person should only be shared on a proper basis, subject to consent, confidentiality rules and safeguarding duties.

The young adult can ask to see information held about them, subject to applicable data-protection rules. They should also be able to understand how decisions affecting them were reached and who to contact if information is inaccurate or support has not been delivered.

Right to complain and receive advocacy

If a young adult believes that their rights or agreed support have not been provided, they can raise the issue with their Personal Adviser, social work team or local authority leaving-care service. They can ask for decisions and reasons to be recorded in writing.

They may also use the local authority’s complaints procedure and ask about independent advocacy. An advocate can help the young person prepare for meetings, express their wishes, understand documents and challenge decisions. A complaint or request for advocacy should not result in the young person losing support or being treated less favourably.

Right to protection from harm

Being over 18 does not remove a young person’s right to seek help if they experience abuse, exploitation, coercion, neglect or unsafe living conditions. They can report concerns to their Personal Adviser, social worker, foster carer, police or another trusted professional. Professionals must consider the young person’s consent and autonomy while responding to risks in line with safeguarding law and local procedures.

What to do if a right is unclear

The young adult should ask for a copy of their pathway plan, the written Staying Put or post-18 agreement, the local authority’s financial support policy and details of the complaints process. Keeping records of meetings, decisions and unanswered requests can make it easier to identify what was agreed. If the arrangement is ending, they should ask for a written transition plan covering accommodation, money, education or work, personal documents and continuing advice.

The most important principle is that extended foster care should be planned with the young adult, not simply done to them. Their legal status changes at 18, but their entitlement to planned leaving-care support and practical help with the transition to independence continues in accordance with the relevant duties and their individual circumstances.