Key Takeaways
- No. A care order ends automatically when the child turns 18, unless it has already been brought to an end.
- A court can’t make a new care order for a young person who has reached 17.
- Support doesn’t stop at 18. Care leavers can get help from a personal adviser up to age 25, and can stay with their foster carers until 21 under Staying Put.
- The Children’s Wellbeing and Schools Act 2026 strengthens support for care leavers, with its changes being phased in over the next few years.
As an 18th birthday gets closer, it’s natural for questions to start piling up. If you’re a parent, you might wonder whether your child will finally be free to come home. If you’re a grandparent or relative, you may be worried about who will support them. And if you’re the young person, you might be asking what actually changes on the day itself.
There’s a lot of uncertainty around this transition, and very little of the official information is written for families. The law itself is fairly clear, though, and so is the support that’s meant to follow.
This guide explains when a care order ends and whether it can ever continue. We also cover how it can end earlier and what help is available after 18. If you’d like to talk through your family’s situation, Osbourne Pinner offers a free 30-minute consultation with our family law solicitors.
What happens to a care order when a child turns 18?
It ends automatically. Under section 91(12) of the Children Act 1989, a care order stays in force until the child reaches 18, unless it’s brought to an end earlier. Nobody needs to apply to court to end it on the 18th birthday.
From that day, the local authority no longer has parental responsibility, and neither do the parents, because parental responsibility only exists for children. The young person is a legal adult. They make their own decisions about where they live, who they see and how they spend their time.
Can a care order be extended beyond 18?
No. There’s no power for a court to extend a care order past a young person’s 18th birthday. In fact, section 31 of the Children Act 1989 goes further and stops a court from making a new care order at all once a young person has reached 17.
That can worry families where a young person is particularly vulnerable. In those situations, support moves to other systems. Leaving care duties continue, and adult social care may become involved. If a young adult lacks the mental capacity to make certain decisions, those decisions are dealt with under the Mental Capacity Act 2005 rather than the Children Act.
Can a care order end before 18?
Yes. A care order doesn’t have to run until the child’s 18th birthday. It can end earlier in several ways:
- The court discharges it, following an application by a parent with parental responsibility, the local authority or the child.
- The court replaces it with a supervision order, which is a lighter form of oversight.
- The court makes a child arrangements order saying the child lives with someone, such as a parent or relative.
- The court makes a special guardianship order, often in favour of a grandparent or other family member.
- The child is adopted.
To discharge a care order, you normally need to show that circumstances have changed and that ending the order is in the child’s best interests. For example, a parent might have secure housing now, or have addressed the problems that led to the child going into care. Our guide to care proceedings explains how these orders are made in the first place.
What support is there after 18?
The care order may end, but the local authority’s responsibilities don’t disappear. Most young people who’ve been in care for a significant time are entitled to leaving care support.
That support is built around a pathway plan, which is prepared before the young person turns 18 and sets out their needs and goals. Each care leaver should have a personal adviser to help them put the plan into practice. Additionally, local authorities need keep in touch until at least 21, and care leavers can ask for personal adviser support at any time up to age 25.
Young people living with foster carers can often stay on after 18 under a Staying Put arrangement, usually until they’re 21, if they and their carers want this. Care leavers might also get help with the costs of education, training and finding work.
What does the Children’s Wellbeing and Schools Act 2026 change?
The Children’s Wellbeing and Schools Act received Royal Assent on 29th April 2026. Among its reforms for care leavers, it requires councils to assess whether young people up to 25 need Staying Close support and to provide it where their welfare requires. Staying Close can help with housing, health, relationships, education and work, and it’s aimed especially at young people leaving children’s homes.
The Act also stops care leavers from being treated as intentionally homeless and requires councils to publish clearer information about the support they offer. It creates a local offer for kinship carers too. The government’s policy summary of the Act sets out each measure. Some of the changes are being brought in gradually through regulations, so it’s worth checking what your local council currently provides.
What about special guardianship and child arrangements orders?
These orders also end at 18. A special guardianship order gives a relative or other carer parental responsibility until the child turns 18, and child arrangements orders about where a child lives generally end at 18 too.
For so many families, these orders offer a way to move a child out of the care system and into the long-term care of family. Some young people who were in care before a special guardianship order was made may still qualify for certain leaving care support. Our guide to special guardianship orders explains the advantages and drawbacks. And if you’re a grandparent hoping to stay involved in a child’s life, our grandparents’ rights solicitors can advise on your options.
Can parents stay involved after 18?
Once a young person turns 18, contact with their family is their own choice. There’s no court order to apply for and nothing the local authority can do to prevent it, unless the young adult lacks capacity to decide for themselves.
This is a chance to rebuild relationships at the young person’s pace for some families. It helps to be patient and to let them lead. Many care leavers value contact with family, but after years of decisions being made for them, feeling in control of that contact often matters most.
Speak to a family law solicitor about care orders
Care orders, special guardianship and child arrangements all carry long-term consequences for children and their families. Understanding your options early, especially if you’re hoping to end a care order or take on a child’s care yourself, can make a real difference to what happens next.
At Osbourne Pinner, our family law solicitors advise parents, grandparents and other relatives on care orders, special guardianship and child arrangements. We’ll explain where you stand in plain English and give you a clear view of costs before you commit to anything.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
We offer a free 30-minute consultation to discuss your situation, Monday to Friday. You can speak with us via video call or visit our offices in Piccadilly Circus, Canary Wharf, Wimbledon, Harrow or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below. We do not offer Legal Aid.
