The Care Leavers (England) Regulations 2010

PART 4 Miscellaneous

Support and accommodation

9.—(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 1998(1), and

(b) “further education” has the same meaning as in section 2(3) and (5) of the Education Act 1996(2) save that for the purposes of this regulation it only includes further education which is provided on a full-time residential basis.

Records

10.—(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 Regulations

11.  The Children (Leaving Care) (England) Regulations 2001 are revoked(3).

(1)

1998 c.30. Section 22(1) was amended by section 146(1) and (2) of the Learning and Skills Act 2000 (c.21); there are other amendments to section 22 which are not relevant to these Regulations.

(2)

Section 2(3) was amended by Part 3 of Schedule 22 to the Education Act 2002 (c.32).

(3)

S.I. 2001/2874.