The Care Leavers (England) Regulations 2010
| Jurisdiction | UK Non-devolved |
2010 No. 2571
Children And Young Persons, England
The Care Leavers (England) Regulations 2010
Made 20th October 2010
Laid before Parliament 25th October 2010
Coming into force 1st April 2011
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 23A(3), 23B(8)(c) and (10), 23D(2), 23E(1), (1B), (1C) and (2), 24B(6) and 104(4) of, and paragraph 19B(2), (3), (7) and (8) of Schedule 2 to, the Children Act 19891:
PART 1
General
Citation, commencement and application
1.—(1) These Regulations may be cited as the Care Leavers (England) Regulations 2010 and come into force on 1st April 2011.
(2) These Regulations apply in relation to England only.
Interpretation
2.—(1) In these Regulations—
“the 1989 Act” means the Children Act 1989;
“personal adviser” means the person appointed—
(i) under paragraph 19C of Schedule 2 to the 1989 Act for an eligible child2,
(ii) under section 23B(2) for a relevant child, or
(iii) under section 23CA(2) for a former relevant child3;
“placement” has the meaning given in section 22C(6)4;
“relevant child” has the meaning given in section 23A(2) and regulation 3; and
“responsible authority” means the local authority that last looked after the child5.
(2) In these Regulations, save as otherwise appears, any reference to a numbered section is a reference to that section in the 1989 Act.
Relevant children
3.—(1) For the purposes of section 23A(3), children falling within paragraph (2) are an additional category of relevant children.
(2) Subject to paragraph (3), a child falls within this paragraph if—
(a)
(a) the child is aged 16 or 17,
(b)
(b) the child is not subject to a care order, and
(c)
(c) on attaining the age of 16 the child was detained, or in hospital, and immediately before being detained or admitted to hospital had been looked after by a local authority for a period or periods amounting in total to at least 13 weeks, which began after the child attained the age of 146.
(3) In calculating the period of 13 weeks referred to in paragraph (2)(b), no account is to be taken of any period in which the child was looked after by a local authority in the course of a pre-planned series of short-term placements, none of which individually exceeded four weeks, where at the end of each such placement the child returned to the care of their parent, or a person who is not a parent but who has parental responsibility for them.
(4) For the purposes of this regulation—
(a)
(a) “detained” means detained in a remand centre, a young offender institution or a secure training centre7, or any other institution pursuant to an order of a court, and
(b)
(b) “hospital” has the meaning given in section 275(1) of the National Health Service Act 20068.
(5) Subject to paragraph (6), a child who has lived for a continuous period of six months or more (whether that period commenced before or after they ceased to be looked after) with—
(a)
(a) their parent,
(b)
(b) someone who is not their parent but who has parental responsibility for them, or
(c)
(c) where they were in care and there was a residence order in force immediately before the care order was made, a person in whose favour the residence order was made,
is not a relevant child despite falling within section 23A(2).
(6) Where living arrangements described in paragraph (5) break down and the child ceases to live with the person concerned, the child is a relevant child.
PART 2
Assessments of need and pathway plans
Involvement of relevant child or former relevant child
4.—(1) In carrying out an assessment of needs under regulation 5, and in preparing or reviewing a pathway plan under regulation 6 or 7, the responsible authority must, unless it is not reasonably practicable—
(a)
(a) seek and have regard to the views of the relevant or former relevant child to whom the assessment or pathway plan relates, and
(b)
(b) take all reasonable steps to enable the relevant or former relevant child to attend and participate in any meetings at which their case is to be considered.
(2) The responsible authority must as soon as practicable provide the relevant or former relevant child with copies of—
(a)
(a) the results of the assessment,
(b)
(b) the pathway plan,
(c)
(c) each review of the pathway plan
and must ensure that the contents of each document are explained to the relevant or former relevant child having regard to their level of understanding, unless it is not reasonably practicable to do so.
(3) The responsible authority must ensure that a written record is kept of the views obtained under paragraph (1)(a).
Assessment of needs
5.—(1) The responsible authority must assess the needs of each relevant child who does not already have a pathway plan, and each former relevant child falling within section 23CA (further assistance to pursue education or training), in accordance with this regulation9.
(2) The assessment of needs must be completed—
(a)
(a) in the case of a relevant child who does not already have a pathway plan, not more than three months after the date on which the child becomes a relevant child, and
(b)
(b) in the case of a former relevant child falling within section 23CA, not more than three months after the date on which the responsible authority are informed, in accordance with section 23CA(1)(c), that the former relevant child is pursuing, or wishes to pursue, a programme of education or training.
(3) The responsible authority must ensure that a written record is kept of—
(a)
(a) the identity of the persons whose views have been sought for the purpose of carrying out the assessment,
(b)
(b) the information obtained in the course of the assessment,
(c)
(c) the deliberations at any meeting held in connection with any aspect of the assessment, and
(d)
(d) the results of the assessment.
(4) In carrying out an assessment of the needs of a relevant child who does not already have a pathway plan, the responsible authority must—
(a)
(a) take into account—
(i) the child’s health and development,
(ii) the child’s needs for education, training or employment,
(iii) the support available to the child from members of the child’s family and other persons,
(iv) the child’s financial needs,
(v) the extent to which the child possesses the practical and other skills necessary for independent living, and
(vi) the child’s needs for care, support and accommodation, and
(b)
(b) unless it is not reasonably practicable or appropriate to do so, seek and take into account the views of—
(i) the child’s parents,
(ii) any person who is not the child’s parent but has parental responsibility for the child,
(iii) any person who on a day to day basis cares for, or provides accommodation for the child,
(iv) any school or institution within the further education sector attended by the child,
(v) the local authority for the area in which the child lives where that is different from the responsible authority,
(vi) the designated teacher at the school where the child is a registered pupil10,
(vii) any person providing health care or treatment to the child,
(viii) any person by whom assistance by way of representation is provided to the child by virtue of arrangements made by the responsible authority under section 26A11(advocacy services),
(ix) the personal adviser, and
(x) any other person whose views the responsible authority, or the child, consider may be relevant.
(5) In carrying out an assessment of the needs of a former relevant child falling within section 23CA, the responsible authority must—
(a)
(a) take into account—
(i) the former relevant child’s needs for education, training or employment, and
(ii) any other considerations the responsible authority consider relevant, and
(b)
(b) unless it is not reasonably practicable to do so, seek and take into account the views of—
(i) the personal adviser, and
(ii) any other person whose views the responsible authority, or the former relevant child consider may be relevant.
(6) In this regulation—
(a)
(a) “institution within the further education sector” has the meaning given in section 91(3) of the Further and Higher Education Act 199212,
(b)
(b) “registered pupil” has the meaning given in section 434(5) of the Education Act 199613, and
(c)
(c) “school” has the meaning given in section 4 of the Education Act 199614.
Pathway plans
6.—(1) A pathway plan prepared under section 23B(3) (relevant children) or 23CA(3) must be prepared as soon as possible after the assessment of needs referred to in regulation 5 is completed.
(2) The pathway plan must include, in particular—
(a)
(a) in the case of a plan prepared under section 23B(3), the matters referred to in Schedule 1, and
(b)
(b) in the case of a plan prepared under section 23CA, the matters referred to in paragraphs 1 to 4 of Schedule 1.
(3) The pathway plan must, in relation to each of the matters included in it by virtue of paragraph (2), set out—
(a)
(a) the manner in which the responsible authority propose to meet the needs of the relevant or former relevant child, and
(b)
(b) the date by which, and by whom, any action required to implement any aspect of the pathway plan will be carried out.
(4) The pathway plan must be recorded in writing.
Review of pathway plans
7.—(1) The responsible authority must review the pathway plan of each relevant and former relevant child in accordance with this regulation15.
(2) The responsible authority must arrange a review—
(a)
(a) if requested to do so by the relevant or former relevant child,
(b)
(b) if the responsible authority, or the personal adviser, consider a review necessary, and
(c)
(c) in any event, at intervals of not more that six months.
(3) If the responsible authority provide the relevant...
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