The Care Planning, Placement and Case Review (Wales) Regulations 2015

Category 1 young persons E+W

Meaning of category 1 young person E+W

47.—(1) For the purposes of section 104(2) of the 2014 Act the prescribed period is 13 weeks and the prescribed age is 14.

(2) For the purposes of section 104(6)(b) of the 2014 Act, if C is a child to whom regulation 62 applies, C is not a category 1 young person despite falling within section 104(2) of that Act.

General duties E+W

48.  If C is a category 1 young person, the responsible authority must—

(a) assess C's needs in accordance with regulation 49, and

(b) prepare C's pathway plan in accordance with regulation 51.

Assessment of needs E+W

49.—(1) The responsible authority must complete the assessment of C's needs in accordance with section 107(1) of the 2014 Act not more than 3 months after the date on which C reaches the age of 16 or becomes a category 1 young person after that age.

(2) In carrying out its assessment of C's likely needs when C ceases to be looked after, the responsible authority must take account of the following considerations—

(a) C's state of health (including physical, emotional and mental health) and development;

(b) C's continuing need for education, training or employment;

(c) where C falls within regulation 5(1)(f), any needs C has as a result of that status;

(d) the support that will be available to C from C's parents and other connected persons;

(e) where C is a category 1 young person who has been placed with a local authority foster parent—

(i) whether C and F have decided that they wish to make a post-18 living arrangement M1 , or

(ii) what information the responsible authority must provide C and F to assist them in making such a decision;

(f) C's actual and anticipated financial resources and capacity to manage personal finances independently;

(g) the extent to which C possesses the practical and other skills necessary for independent living;

(h) C's need for continuing care, support and accommodation;

(i) the views, wishes and feelings of—

(i) C,

(ii) any parent of C's and any person who is not C's parent but who has parental responsibility for C,

(iii) the appropriate person;

(j) the views of—

(i) any person or educational institution that provides C with education or training, and if C has a statement of special educational needs, the responsible authority that maintains the statement,

(ii) the IRO,

(iii) any person providing health (whether physical, mental or emotional health) or dental care or treatment to C,

(iv) the personal adviser appointed for C, and

(v) any other person whose views the responsible authority or C consider may be relevant.

Marginal Citations

M1 “Post-18 living arrangement” is defined in section 108(3) of the 2014 Act. The responsible authority has a duty to ascertain if any C, who is a category 1 young person who has been placed with F wishes to make a post-18 living arrangement upon ceasing to be looked after (see section 108(2) of the 2014 Act) and to facilitate such an arrangement where it considers to do so would be consistent with C's well-being (see section 108(4) and (5) of that Act).

Pathway assessments and plans: post-18 living arrangements E+W

50.—(1) In order to discharge its duty under section 108(2) of the 2014 Act M2 , a responsible authority must provide the information referred to in paragraph (2) about post-18 living arrangements to the following persons—

(a) C, where C is placed with F or in a children's home, when preparing or reviewing C's pathway plan;

(b) C, where C is a category 1 young person who has been placed with F, when preparing or reviewing C's pathway plan;

(c) any F with whom the responsible authority has placed C, when preparing or reviewing C's pathway plan;

(d) any former foster parent M3 of C;

(e) a parent or other person who had parental responsibility for C before C was placed with F (unless to do so would place C at risk of harm);

(f) where C is placed in a children's home, C's link worker;

(g) the IRO;

(h) R;

(i) where one has been appointed for C, an independent visitor;

(j) a category 3 young person who is participating in a post-18 living arrangement;

(k) a former foster parent who is participating in a post-18 living arrangement;

(l) any other person whom the responsible authority considers requires such information.

(2) The information referred to in paragraph (1)—

(a) includes—

(i) details of the responsible authority's duties under section 108 of the 2014 Act,

(ii) a copy of the responsible authority's policy on post-18 living arrangements,

(iii) information about the financial implications attendant upon the making of a post-18 living arrangement as they apply to both C and to F,

(iv) information about the eligibility for and alternatives to a post-18 living arrangement that are available for C,

(v) details of other sources of information, advice and support available to help C and F make a decision about seeking to make a post-18 living arrangement,

(vi) information about the support available to category 3 young persons and their former foster parents who make a post-18 living arrangement during the course of such an arrangement,

(vii) updates on any changes to the responsible authority's policy or practice relating to the making and support afforded during a post-18 living arrangement, and

(b) must be provided in a format that is appropriate for the age and understanding of the recipient.

Marginal Citations

M2 Section 108(2) of the 2014 Act requires the responsible authority to ascertain if C and F wish to make a post-18 living arrangements when C ceases to be looked after.

M3 “Former foster parent” is defined in section 108(3) of the 2014 Act.

The pathway plan E+W

51.—(1) The pathway plan must be prepared as soon as possible after the assessment of C's needs and must include, in particular—

(a) C's care and support plan, and

(b) the information referred to in Schedule 9.

(2) The pathway plan must, in relation to each of the matters referred to in paragraphs 2 to 11 of Schedule 9, set out—

(a) the manner in which the responsible authority proposes to meet C's needs, and

(b) the date by which, and by whom, any action required to implement any aspect of the plan will be carried out.

Functions of the personal adviser E+W

52.  The personal adviser's functions in relation to C are to—

(a) provide advice (including practical advice) and support,

(b) participate in reviews of C's case carried out under Part 6,

(c) liaise with the responsible authority in the implementation of the pathway plan,

(d) co-ordinate the provision of services and take reasonable steps to ensure C makes use of such services,

(e) remain informed about C's progress and wellbeing, and

(f) maintain a written record of their contacts with C.