The children leaving care act explained

September 12, 2001 in Children, Looked after children

Children (Leaving Care) Act 2000:

This act amends the Children Act 1989 by replacing provisions in
section 24 on after care of children looked after by local
authorities. It also creates new duties in relation to planning for
children whose status as looked after children will be ending.
Pathway plans, personal advisers, eligible children and relevant
children: these comprise the new language of provisions for
children leaving the care system. Provisions come into force, with
related regulations, on 1 October this year.

An ‘eligible child’ is one aged 16 or 17, who has been looked
after by a local authority for a period (prescribed under the
regulations as 13 weeks), or periods amounting in all to that
period, which began after he/she reached 14 years of age and ended
after he/she reached the age of 16. It is the duty of the local
authority looking after an eligible child to advise, assist and
befriend him/her with a view to promoting his/her welfare when they
have ceased to look after him/her.

For each eligible child, the local authority shall carry out an
assessment of his/her needs with a view to determining what advice,
assistance and support it would be appropriate for them to provide
while they are still looking after him, and after they cease to
look after him/her, and shall then prepare a pathway plan for
him/her.

The plan has to be kept under regular review. A local authority
shall arrange for the child to have a personal adviser.

A ‘relevant child’ is a child who is not being looked after by
any local authority, but was, before last ceasing to be looked
after, an eligible child, and is aged 16 or 17. It is the duty of
each local authority to take reasonable steps to keep in touch with
a relevant child for whom it is the responsible authority, whether
he is within their area or not to appoint a personal adviser for
each relevant child. If no pathway plan has already been prepared,
the authority must carry out an assessment of the child’s needs
with a view to determining what advice, assistance and support it
would be appropriate for them to provide and prepare a pathway plan
for him/her.

The responsible local authority shall safeguard and promote the
child’s welfare and, unless they are satisfied that his/her welfare
does not require it, support him/her by (a) maintaining him/her;
(b) providing him/her with or maintaining him/her in suitable
accommodation; and (c) providing support of such other descriptions
as may be prescribed, which may include cash.

If the local authority have lost touch with a relevant child,
despite taking reasonable steps to keep in touch, they must without
delay (a) consider how to re-establish contact; and (b) take
reasonable steps to do so, and while the child is still a relevant
child must continue to take such steps until they succeed.

A local authority has duties towards (a) a person who has been a
relevant child (and would be one if he/she were under 18), in
relation to whom they were the last responsible authority; and (b)
a person who was being looked after by them when he/she attained
the age of 18, and immediately before ceasing to be looked after
was an eligible child (known as a ‘former relevant child’). They
must take reasonable steps (a) to keep in touch with a former
relevant child whether he/she is within their area or not; and (b)
if they lose touch with him, to re-establish contact. They must
continue the appointment of a personal adviser for a former
relevant child and continue to keep the pathway plan under regular
review.

The local authority has a duty to give a former relevant child
assistance to the extent that his/her welfare and his/her
educational or training needs require it, in kind or, in
exceptional circumstances, in cash until he/she reaches the age of
21, or longer if his/her pathway plan sets out a programme of
education or training which extends beyond his/her 21st
birthday.

A pathway plan is a plan setting out the advice, assistance and
support which the local authority intend to provide an eligible
child, both while they are looking after him/her and later; and
when they might cease to look after him/her; and for a relevant
child, the advice, assistance and support which the local authority
intend to provide.

There are exceptions to these provisions. For example a child
who has lived with a person within his/her family for a continuous
period of six months or more is not to be a relevant child – a
significant incentive to the authority to seek rehabilitation.

The Children (Leaving Care) Regulations 2001 come into force on
1 October 2001. They make provision about support for children and
young people aged 16 and over who are, or have been looked after by
a local authority. The responsible authority must prepare a written
statement describing the manner in which the needs of each eligible
and relevant child will be assessed. The written statement must
include, in relation to each child whose needs are to be assessed,
information about, in particular –

(a) the person responsible for the conduct and co-ordination of
the assessment;

(b) the timetable for the assessment;

(d) the arrangements for recording the outcome of the
assessment;

(e) the procedure for making representations in the event of a
disagreement.

The responsible authority must make a copy of the statement
available to the child and other relevant persons. The following
matters must be considered in the pathway plan and any review of
it.

1. The nature and level of contact and personal support to be
provided, and by whom, to the child or young person.

2. Details of the accommodation the child or young person is to
occupy.

3. A detailed plan for the education or training of the child or
young person.

4. How the responsible authority will assist the child or young
person in relation to employment or other purposeful activity or
occupation.

5. The support to be provided to enable the child or young
person to develop and sustain appropriate family and social
relationships.

6. A programme to develop the practical and other skills
necessary for the child or young person to live independently.

7. The financial support to be provided to the child or young
person, in particular where it is to be provided to meet his/her
accommodation and maintenance needs.

8. The health needs, including any mental health needs, of the
child or young person, and how they are to be met.

9. Contingency plans for action to be taken by the responsible
authority should the pathway plan for any reason cease to be
effective.

Richard White

White and Sherwin Solicitors