What you are entitled to when you are living in care
All children and young people, no matter who they are or where they are from, have rights (things you are entitled to). As a young person living in care, there are specific rights that you have and things that you should ask for if you are not getting them and think you need them (see page 4 for who you could speak to for help and advice).
Here are some of those important rights:
The right to be heard
This might be the most important right you have – it’s the right to be listened to and to have your views taken into account when decisions are being made about you. There’s nothing worse than feeling like things are being done to you, and this right is there to make sure that doesn’t happen.
The right to safe and suitable housing
If you are under 18, the local authority must pay for this housing, and if you have to move to a new foster home, they should ask you for your thoughts about the move beforehand. The local authority should also make sure they cover your day-to-day living costs, although the money for this may go directly to your foster carers.
The right to an education
The local authority should do all they can to ensure that you are supported to reach your educational potential. They should make sure you have a personal education plan and do everything possible to minimise disruption to your education.
The right to see your family
Keeping in touch and seeing your parents, siblings or other family members may be extremely important for you. Having this family time is sometimes called ‘contact’.
How often, when and where you see your family is usually decided by the courts; but, however it is decided, your views on this should be listened to and taken into account.
The right to a care plan and pathway plan
A pathway plan should be in place by the time you are 16. This should be adapted from your care plan and take into account what you will need after you are 16. Your plan should be reviewed at least every six months.
The right to make a complaint
This is a bit of a last resort really. Hopefully your foster carers, social worker, personal advisor, independent reviewing officer or advocate will have been able to help solve whatever the issue is, but all local authorities have complaints procedures they must follow. You can find the complaints procedure on the local authority website. Or you can ask your social worker, personal advisor or advocate to get a copy for you.
The United Nations Convention on the Rights of the Child (UNCRC) is an agreement between countries which sets out the rights that all children should have. It explains who children are, all their rights, and the responsibilities of governments.
All the rights are connected, they are all equally important and they cannot be taken away from children.
