LEGAL EAGLE: Allowances entitlement for higher education when subject to a Special Guardianship Order

Your entitlement to leaving care services will depend on when in your life you were cared for by the local authority. It will also depend on your current circumstances.

As you were a cared for child in the past, you may be entitled to support through leaving care services, though there are other criteria to satisfy. In your case, as you are turning 18 and are still subject to the SGO, it is likely you will fall into this criteria. You also must have been cared for by the local authority immediately prior to going into the care of your Special Guardian. There cannot be a break between the local authority care and the SGO.

Finally, you must have been cared for by the local authority for any period of time after your 16th birthday. If you were younger when you were cared for, then it is unlikely any support will be offered to you by the local authority, as too much time has passed since you were in their care.

If you qualify under the above criteria and believe you require local authority support, then you can request an assessment from the authority who last cared for you.

A social worker will consider your health, educational, emotional, and financial needs to establish if the local authority needs to step in. The Local Authority will also consider the level of support you can expect your special guardian to continue to provide. So, if you currently receive a lot of support, Local authority intervention may not be deemed necessary.

When making your application, you will need to contact the local authority who last cared for you, though you can make a request to your local area if you have moved.

If you are assessed to require support, you may be offered advice and help with health and wellbeing, relationships, education, employment, accommodation, or participation in society.

You may also be offered financial support for things like: Expenses incurred by living near employment or where you are seeking employment. Expenses incurred by living near where you receive or will be receiving education. Grants toward education costs. Provision of accommodation during university vacations. In exceptional circumstances, they may also offer cash or accommodation.

These services will be ongoing until you turn 21, or 25 in exceptional circumstances.

If you fall into the above criteria, I advise you to speak to the local authority who last cared for you, as they will be able to perform an assessment of your needs. They can then offer support and assistance if they deem you to require support in any of the discussed areas.

As you have mentioned potentially pursuing higher education, it is particularly important that you consider the care leaving services available to you. Advice and support surrounding education and finances will likely be largely important to your decision in whether to continue with education. Speaking to the local authority about these services will allow you to make an informed choice in how to proceed.

At Ben Hoare Bell LLP we have specialist family solicitors who can advise you about your rights. Please do not hesitate to contact us on 0191 565 3112 or email [email protected]. Visit www.benhoarebell.co.uk for further information.