Part II Promotion of Children’s Welfare by Local Authorities and by Children’s Hearings etc.
C2 Chapter 1 Support for Children and Their Families
Advice and assistance for young persons formerly looked after by local authorities
C129 After-care.
1
A local authority shall, unless they are satisfied that his welfare does not require it, advise, guide and assist any person in their area F4who is at least sixteen but not yet nineteen years of age who, F5either—
a
was (on his sixteenth birthday or at any subsequent time) but is no longer looked after by a local authority; or
b
is of such other description of person formerly but no longer looked after by a local authority as the Scottish Ministers may specify by order.
F101A
An order made under subsection (1)(b) above is subject to the affirmative procedure.
2
F132A
Subsections (1) and (2) above do not apply to a person during any period when the person is being provided with continuing care under section 26A of this Act.
3
4
Where a person—
a
F8who is at least sixteen years of age ceases to be looked after by a local authority; or
b
described in subsection (1) above is being provided with advice, guidance or assistance by a local authority,
they shall, if he proposes to reside in the area of another local authority, inform that other local authority accordingly provided that he consents to their doing so.
C3F25
It is the duty of each local authority, in relation to any person to whom they have a duty under subsection (1) above or who makes an application under subsection (2) above, to carry out an assessment of the person’s needs.
C4F115A
After carrying out an assessment under subsection (5) above in pursuance of an application made by a person under subsection (2) above, the local authority—
a
must, if satisfied that the person has any eligible needs which cannot be met other than by taking action under this subsection, provide the person with such advice, guidance and assistance as it considers necessary for the purposes of meeting those needs; and
b
may otherwise provide such advice, guidance and assistance as it considers appropriate having regard to the person's welfare.
5B
A local authority may (but is not required to) continue to provide advice, guidance and assistance to a person in pursuance of subsection (5A) after the person reaches the age of twenty-six.
6
Each local authority shall establish a procedure for considering representations (including complaints) made to them by any person mentioned in subsection (1) or (2) above about the discharge of their functions under the provisions of subsections (1) to F9(5B) above.
7
In subsection (1) above, the reference to having been “looked after by a local authority” shall be construed as including having been looked after by a local authority in England and Wales; and subsection (4) of section 105 of the Children Act 1989 (c.41) (construction of references to a child looked after by a local authority) shall apply for the purposes of this subsection as it applies for the purposes of that Act (“local authority in England and Wales” being construed in accordance with subsection (1) of that section).
F128
For the purposes of subsection (5A)(a) above, a person has “eligible needs” if the person needs care, attention or support of such type as the Scottish Ministers may by order specify.
9
An order made under subsection (8) is subject to the affirmative procedure.
10
If a local authority becomes aware that a person who is being provided with advice, guidance or assistance by them under this section has died, the local authority must as soon as reasonably practicable notify—
a
the Scottish Ministers; and
b
Social Care and Social Work Improvement Scotland.
Pt. II Ch. 1 (ss. 16-38) modifed (1.4.1997) by S.I. 1996/3255, reg. 7(1)