The children leaving care act explained

    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;

    (c) who is to be consulted for the purposes of 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

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