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Children (Leaving Care) Act 2000

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1Further duties of local authorities towards children whom they are looking after

Explanatory NotesShow EN

In Part II of Schedule 2 to the [1989 c. 41.] 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

19AIt 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

19CA 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..

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