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Children Act 1989

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Children Act 1989, Section 17ZH is up to date with all changes known to be in force on or before 17 April 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F117ZHSection 17 services: transition for children to adult care and supportE+W+S

(1) Subsections (2) to (4) apply where a local authority F2 ... providing services for a child in need in the exercise of functions conferred by section 17—

(a)are required by section 58(1) or 63(1) of the Care Act 2014 to carry out a child's needs assessment or young carer's assessment in relation to the child, or

(b)are required by section 60(1) of that Act to carry out a child's carer's assessment in relation to a carer of the child.

(2)If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as a needs or carer's assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014 (with Part 1 of that Act applying to the assessment as a result), the authority must continue to comply with section 17 after the child reaches the age of 18 until they reach a conclusion in his case.

(3)If the local authority carry out the assessment before the child reaches the age of 18 but decide not to treat it as a needs or carer's assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014—

(a)they must carry out a needs or carer's assessment (as the case may be) after the child reaches the age of 18, and

(b)they must continue to comply with section 17 after he reaches that age until they reach a conclusion in his case.

(4)If the local authority do not carry out the assessment before the child reaches the age of 18, they must continue to comply with section 17 after he reaches that age until—

(a)they decide that the duty under section 9 or 10 of the Care Act 2014 (needs or carer's assessment) does not apply, or

(b)having decided that the duty applies and having discharged it, they reach a conclusion in his case.

(5) Subsection (6) applies where a local authority F3 ... providing services for a child in need in the exercise of functions conferred by section 17—

(a)receive a request for a child's needs assessment or young carer's assessment to be carried out in relation to the child or for a child's carer's assessment to be carried out in relation to a carer of the child, but

(b)have yet to be required by section 58(1), 60(1) or 63(1) of the Care Act 2014 to carry out the assessment.

(6)If the local authority do not decide, before the child reaches the age of 18, whether or not to comply with the request, they must continue to comply with section 17 after he reaches that age until—

(a)they decide that the duty under section 9 or 10 of the Care Act 2014 does not apply, or

(b)having decided that the duty applies and having discharged it, they reach a conclusion in his case.

(7)A local authority reach a conclusion in a person's case when—

(a)they conclude that he does not have needs for care and support or for support (as the case may be), or

(b)having concluded that he has such needs and that they are going to meet some or all of them, they begin to do so, or

(c)having concluded that he has such needs, they conclude that they are not going to meet any of those needs (whether because those needs do not meet the eligibility criteria or for some other reason).

(8)In this section, “child's needs assessment”, “child's carer's assessment”, “young carer's assessment”, “needs assessment”, “carer's assessment” and “eligibility criteria” each have the same meaning as in Part 1 of the Care Act 2014.]

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Amendments (Textual)

F1Ss. 17ZH, 17ZI inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 66(1), 127(1); S.I. 2015/993, art. 2(q) (with transitional provisions in S.I. 2015/995)

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