You have the right to Continuing Care if:
- you were born on or after April 1 1999, and
- you were last looked after away from home, such as in kinship, foster or residential care.
This means that you have the right to stay in your care placement up to your 21st birthday. This is to help you have – at a pace that suits you – a more supported move from care to living more independently.
If you access Continuing Care you must officially stop being looked after. For example, you would need to end your supervision order.
When placement can't continue
There are some times when a placement will not be able to continue. These include:
- when you were in secure care just before you stopped being looked after, and
- when the council believes that providing the placement would not be in your best interests.
A placement may also be unable to continue if the place you stay is no longer available or your carer can't continue to provide the placement. However, if this happens your council must find you another placement which is similar. If appropriate, they must also make sure your relationship with your carer is maintained.
We've produced info sheets that explain the parts of the Children and Young People (Scotland) Act that are most relevant to care experienced young people.
Access the info sheets.
We worked with Who Cares? Scotland to produce a flowchart that explains if you have the right to Continuing Care or Aftercare.
Download the flowchart.
Who Cares? Scotland worked with care experienced young person Helen to produce this video explaining your right to Continuing Care.
Rights to Care