Legal Update: In a Nutshell - Care leavers who go on to attend university

What provisions are there for care leavers attending university?
Currently, all children who are in local authority care for a period of 13 weeks at the age of 16 or 17 (eligible children) or those who have now left care but have been in care for that time (relevant children) are entitled to ongoing support once they turn 18 and become former relevant children. This support includes a pathway plan, a personal adviser and support accessing further and higher education. The obligations on local authorities are set out in the Care Planning, Placement and Case Review Regulations, which are different in both England and Wales, as well as statutory guidance.

Young people under 19 who go into further education or training may receive financial support, as well as support to remain in their placement. There is a one-off bursary available for young care leavers who go on to university. Young care leavers who remain in full-time education can expect the support of the local authority through a personal adviser and pathway plan until they are 25.

What about migrant young people who are care leavers?
It does not matter where a young person comes from, although their immigration status might affect their entitlement to university home fees, or a student loan.

A child who has been recognised as a refugee will be eligible for a student loan and to pay home fees from the first day of the academic year when they are recognised. Young people who are given humanitarian protection and who have been lawfully in the UK for three years before the first day of their course will also be eligible for home fees and student finance. European young people will need to have been in the UK for five years before they can access student finance but they are entitled to home fees.

Young care leavers who are in the UK with other forms of leave may be eligible for student finance and for home fees if they meet the following criteria: those who are under 18 when they apply for student finance and who will have lived in the UK for the last seven years with lawful residence for the last three years on the first day of the course; a young person who is over 18 will need to have lived in the UK for half their life (from age 9 if applying age 18) and have lived lawfully in the UK for the last three years by the first day of their university course.

What about young people who do not meet the criteria for home fees or a student loan?
Some universities offer bursaries and scholarships for young people who are asylum seekers, refugees or have humanitarian protection. At the moment, where a young person is a former relevant child, then they may continue to receive support for their education from the local authority. This includes the costs of fees as well as other expenses relating to their education up to the age of 25.

What will change in the future?
The Immigration Bill 2015 will amend the Children Act 1989 to reduce entitlements for leaving care support for migrant young people. When these provisions come into force, local authorities will no longer be able to fund access to higher education for migrant care leavers who have limited leave to remain in the UK, those whose cases have not yet been determined, or a young person who is seeking asylum, even where this will be in their best interests. This risks putting migrant young people far behind their peers as they will only be able to attend university if they are able to access student finance, rather than relying on leaving care provisions.

Frances Trevena is head of policy and programmes at Coram Children's Legal Centre