2010 No. 2571
The Care Leavers (England) Regulations 2010
Made
Laid before Parliament
Coming into force
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 1General
Citation, commencement and application1
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.
Interpretation2
1
In these Regulations—
“the 1989 Act” means the Children Act 1989;
“personal adviser” means the person appointed—
“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 children3
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
the child is aged 16 or 17,
b
the child is not subject to a care order, and
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
“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
“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
their parent,
b
someone who is not their parent but who has parental responsibility for them, or
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 2Assessments of need and pathway plans
Involvement of relevant child or former relevant child4
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
seek and have regard to the views of the relevant or former relevant child to whom the assessment or pathway plan relates, and
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
the results of the assessment,
b
the pathway plan,
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 needs5
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
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
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
the identity of the persons whose views have been sought for the purpose of carrying out the assessment,
b
the information obtained in the course of the assessment,
c
the deliberations at any meeting held in connection with any aspect of the assessment, and
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
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
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
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
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
“institution within the further education sector” has the meaning given in section 91(3) of the Further and Higher Education Act 199212,
b
“registered pupil” has the meaning given in section 434(5) of the Education Act 199613, and
c
“school” has the meaning given in section 4 of the Education Act 199614.
Pathway plans6
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
in the case of a plan prepared under section 23B(3), the matters referred to in Schedule 1, and
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
the manner in which the responsible authority propose to meet the needs of the relevant or former relevant child, and
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 plans7
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
if requested to do so by the relevant or former relevant child,
b
if the responsible authority, or the personal adviser, consider a review necessary, and
c
in any event, at intervals of not more that six months.
3
If the responsible authority provide the relevant child or former relevant child with accommodation under section 23B or section 24B, the responsible authority must also—
a
arrange a review as soon as is practicable after the end of a period of 28 days beginning on the day on which the accommodation is first provided, and
b
on completing a review under sub-paragraph (a), determine at what intervals (not exceeding three months) subsequent reviews will be carried out.
4
In carrying out a review the responsible authority must—
a
to the extent it considers it appropriate to do so, seek and take account of the views of the persons mentioned in regulation 5(4)(b) or, as the case may be, regulation 5(5)(b), and
b
consider whether, in relation to each of the matters set out in the pathway plan, any change is necessary.
5
The results of the review and any change to the pathway plan must be recorded in writing.
PART 3Personal advisers
Functions of personal advisers8
1
A personal adviser has the following functions in relation to the relevant child or former relevant child for whom they are appointed—
a
to provide advice (including practical advice) and support,
b
where applicable, to participate in the assessment and the preparation of the pathway plan,
c
to participate in reviews of the pathway plan,
d
to liaise with the responsible authority in the implementation of the pathway plan,
e
to co-ordinate the provision of services, and to take reasonable steps to ensure that the child makes use of such services and that they are appropriate to the child’s needs,
f
to remain informed about the relevant child’s or former relevant child’s progress and wellbeing, and
g
to keep a written record of contacts with, and of services provided to, the relevant or former relevant child.
2
In addition, where accommodation is provided to a relevant child or former relevant child by the responsible authority under section 23B or section 24B, the personal adviser must visit the relevant child or former relevant child at that accommodation—
a
within 7 days of the accommodation first being provided,
b
subsequently, before the pathway plan is reviewed under regulation 7(3), and
c
at subsequent intervals of not more than two months.
PART 4Miscellaneous
Support and accommodation9
1
For the purposes of section 23B(8)(c) (other support for relevant children), the responsible authority must provide assistance in order to meet the relevant child’s needs in relation to education, training or employment as provided for in the pathway plan.
2
For the purposes of section 23B(10), “suitable accommodation” means accommodation—
a
which so far as reasonably practicable is suitable for the relevant child in the light of their needs, including any health needs and any needs arising from any disability,
b
in respect of which the responsible authority have satisfied themselves as to the character and suitability of the landlord or other provider, and
c
in respect of which the responsible authority have, so far as reasonably practicable, taken into account the relevant child’s—
i
wishes and feelings, and
ii
education, training or employment needs.
3
In determining for the purposes of paragraph (2)(a) whether accommodation is suitable for a relevant child, the responsible authority must have regard to the matters set out in Schedule 2.
4
For the purposes of section 24B(5) (provision of vacation accommodation)—
a
“higher education” means education provided by means of a course of a description referred to in regulations made under section 22 of the Teaching and Higher Education Act 199816, and
b
“further education” has the same meaning as in section 2(3) and (5) of the Education Act 199617 save that for the purposes of this regulation it only includes further education which is provided on a full-time residential basis.
Records10
1
The responsible authority must establish and maintain a written case record for each relevant child and former relevant child (“the case record”).
2
The case record must include the written records required by virtue of regulation 4(3), and regulation 5(3)(a) to (c), and the following records (“relevant records”)—
a
any assessment of needs,
b
any pathway plan,
c
any review of a pathway plan.
3
Relevant records must be retained by the responsible authority until the seventy-fifth anniversary of the date of birth of the relevant or former relevant child to whom they relate or, if the child dies before attaining the age of 18, for a period of fifteen years beginning with the date of death.
4
The requirement in paragraph (1) may be complied with by retaining the original written records or copies of them, or by keeping all or part of the information contained in them in some other accessible form such as a computer record.
5
Relevant records must be kept securely and may not be disclosed to any person except in accordance with—
a
any provision of, or made under or by virtue of, a statute under which access to such records is authorised, or
b
any court order authorising access to such records.
Revocation of Regulations11
The Children (Leaving Care) (England) Regulations 2001 are revoked18.
SCHEDULE 1Matters to be dealt with in the pathway plan and review
1
The nature and level of contact and personal support to be provided, and by whom, to the child or young person.
2
A detailed plan for the education or training of the child or young person.
3
How the responsible authority will assist the child or young person in relation to employment or other purposeful activity or occupation.
4
Contingency plans for action to be taken by the responsible authority should the pathway plan for any reason cease to be effective.
5
Details of the accommodation the child or young person is to occupy (including an assessment of its suitability in the light of the child’s or young person’s needs, and details of the considerations taken into account in assessing that suitability).
6
The support to be provided to enable the child or young person to develop and sustain appropriate family and social relationships.
7
A programme to develop the practical and other skills necessary for the child or young person to live independently.
8
The financial support to be provided to the child or young person, in particular where it is to be provided to meet accommodation and maintenance needs.
9
The health needs, including any mental health needs, of the child or young person, and how they are to be met.
10
Details of the arrangements made by the authority to meet the child’s needs in relation to identity with particular regard to their religious persuasion, racial origin and cultural and linguistic background.
SCHEDULE 2Matters to be considered in determining the suitability of accommodation
1
In respect of the accommodation, the—
a
facilities and services provided,
b
state of repair,
c
safety,
d
location,
e
support,
f
tenancy status, and
g
the financial commitments involved for the relevant child and their affordability.
2
In respect of the relevant child, their—
a
views about the accommodation,
b
understanding of their rights and responsibilities in relation to the accommodation, and
c
understanding of funding arrangements.
(This note is not part of the Regulations)