Children (Leaving Care) Act 2000 (c. 35)

In Part II of Schedule 2 to the M1 Children Act 1989 (“ the 1989 Act ”), which contains provision as to children being looked after by local authorities, after paragraph 19 insert— “ Preparation for ceasing to be looked after 19A It is the duty of the local authority looking after a child to advise, assist and befriend him with a view to promoting his welfare when they have ceased to look after him. 19B (1) A local authority shall have the following additional functions in relation to an eligible child whom they are looking after. (2) In sub-paragraph (1) “ eligible child ” means, subject to sub-paragraph (3), a child who— (a) is aged sixteen or seventeen; and (b) has been looked after by a local authority for a prescribed period, or periods amounting in all to a prescribed period, which began after he reached a prescribed age and ended after he reached the age of sixteen. (3) The Secretary of State may prescribe— (a) additional categories of eligible children; and (b) categories of children who are not to be eligible children despite falling within sub-paragraph (2). (4) For each eligible child, the local authority shall carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for them to provide him under this Act— (a) while they are still looking after him; and (b) after they cease to look after him, and shall then prepare a pathway plan for him. (5) The local authority shall keep the pathway plan under regular review. (6) Any such review may be carried out at the same time as a review of the child’s case carried out by virtue of section 26. (7) The Secretary of State may by regulations make provision as to assessments for the purposes of sub-paragraph (4). (8) The regulations may in particular provide for the matters set out in section 23B(6). Personal advisers 19C A local authority shall arrange for each child whom they are looking after who is an eligible child for the purposes of paragraph 19B to have a personal adviser. ” . Commencement Information I1 S. 1 wholly in force at 1.10.2001; s. 1 not in force at Royal Assent see s. 8(2) ; s. 1 in force for W. at 1.10.2001 by S.I. 2001/2191 , art. 2 ; s. 1 in force for E. at 1.10.2001 by S.I. 2001/2878 , art. 2 Marginal Citations M1 1989 c. 41 .

(1) The 1989 Act is amended as follows. (2) In section 22 (general duty of local authority in relation to children looked after by them), in subsection (1), at the end of paragraph (b) insert “ , apart from functions under sections 23B and 24B ” . (3) In the heading before section 24, at the end insert “ and young persons ” . (4) After that heading insert the following new sections— (1) The responsible local authority shall have the functions set out in section 23B in respect of a relevant child. (2) In subsection (1) “ relevant child ” means (subject to subsection (3)) a child who— (a) is not being looked after by any local authority; (b) was, before last ceasing to be looked after, an eligible child for the purposes of paragraph 19B of Schedule 2; and (c) is aged sixteen or seventeen. (3) The Secretary of State may prescribe— (a) additional categories of relevant children; and (b) categories of children who are not to be relevant children despite falling within subsection (2). (4) In subsection (1) the “ responsible local authority ” is the one which last looked after the child. (5) If under subsection (3)(a) the Secretary of State prescribes a category of relevant children which includes children who do not fall within subsection (2)(b) (for example, because they were being looked after by a local authority in Scotland), he may in the regulations also provide for which local authority is to be the responsible local authority for those children.