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Josh's Story - Continuing Care and living in a Residential Home

Josh is 17 and has lived in his residential home for the past 18 months. Josh is studying sport at college and is doing really well. He really likes living at the home and is close to his key worker Brian, who is also really interested in sport. Brian has said he is going to help Josh try and get a job at the local leisure centre gym when he has finished college. Josh's social worker is encouraging him to move into a flat once he completes his studies, saying how close the flat will be to the town centre and the leisure centre. Josh understands how helpful this will be, but he doesn't feel ready. He loves how things are now and doesn't feel ready to move out yet.



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Josh is entitled to Continuing Care and this means he should be able to stay in his current house and with his key worker Brian until he is 21, or until he feels that he is ready to move on from there if that happens before he turns 21.


Important things to remember

  • Josh should not feel any pressure to move. He has the right to stay put.
  • An independent advocate, key worker or Josh can write to the local authority to remind them that Josh is entitled to stay on in his current house and that’s what he wants to happen. Doing this as soon as possible should stop a move from happening and it’s important to set Josh’s mind at rest. They will need to let them know that Josh’s current house is working for Josh and supports where he wants to be now and fits with his plans.
  • A copy of the Welfare Assessment can be requested and Josh is legally entitled to see this. Unless the Welfare Assessment says staying at his home would be a bad thing for Josh, then Josh must be allowed to stay. If the Welfare Assessment gives reasons why Josh should not stay where he is, Josh has the right to question this. An independent advocate can help here and Josh can also take legal steps with the help of legal advice.
  • Josh doesn’t feel ready to move and the local authority need to be challenged on the pressure and plans being put on him to move.

Find information about your right to continuing care and see the other stories here

Continuing Care and Your Rights is a project co-created with care experienced young people, CELCIS, Clan Childlaw and the Care Inspectorate, with the assistance and expertise of visual artist Ciara Waugh and Liminal Studios and Edinburgh Napier University in developing the digital media resources.

You can feedback on the information and resources here.


Scottish Child Law Centre

If you are under 21 and want to talk to someone about how the law affects you, our advice line is open Monday to Friday 9.30am – 4pm. You can contact us anytime or you may wish to call us during our dedicated Youth Hour which takes place every Tuesday and Thursday between 12pm and 1pm. During this time, our solicitors only take calls from children and young people. Call free on: 0800 328 8970 (from landlines) or 0300 3301421 (from mobiles).

Clan Childlaw

Anyone, of any age, anywhere in Scotland, can call Clan Childlaw with a question about children’s rights and about how the law and legal systems in Scotland work for children and young people. Clan Childlaw has a team of lawyers who can represent children and young people in court, in children’s hearings, and in important meetings. You can call free on 0808 129 0522, Monday to Friday from 9am to 5pm. Or online here.

Who Cares? Scotland

If you’re a care experienced young person and you need advocacy support or someone to talk to, contact Who Cares? Scotland by phoning 0330 107 7540 or emailing The Helpline is open Monday-Friday, 12pm-4pm.

Care Inspectorate

If you are not happy with the level of care you are receiving, we would encourage you to first of all speak to the care service itself about your concerns. This is often the quickest way to resolve a problem. However, you can choose to complain directly to the Care Inspectorate either by: filling in our complaints form online, calling us on 0345 600 9527 or emailing us here. Children and young people can send a text directly to 07870 981 785.