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The Children (Leaving Care) (Wales) Regulations 2001

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Assessment of needs

7.—(1) The responsible local authority shall assess the needs of each eligible child, and each relevant child who does not already have a pathway plan, in accordance with these Regulations.

(2) The assessment is to be completed—

(a)in the case of an eligible child, not more than three months after the date on which the child reaches the age of 16 or becomes an eligible child after that age;

(b)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.

(3) Each responsible local authority shall ensure that a written record is kept of—

(a)the information obtained in the course of an assessment;

(b)the deliberations at any meeting held in connection with any aspect of an assessment; and

(c)the results of the assessment.

(4) In carrying out an assessment the responsible local authority shall take account of the following considerations—

(a)the child’s health and development(1);

(b)the child’s need for education, training or employment;

(c)the support available to the child from relationships with members of his or her family and with other persons;

(d)the child’s financial needs;

(e)the extent to which the child possesses the practical and other skills necessary for independent living; and

(f)the child’s needs for care, support and accommodation.

(5) The responsible local authority shall, unless it is not reasonably practicable to do so, seek and take into account the views of—

(a)the child’s parents;

(b)any person who is not a parent but has parental responsibility for the child;

(c)any person who is caring for the child on a day to day basis;

(d)any school or college attended by the child, or the local education authority for the area in which the child lives;

(e)any independent visitor appointed for the child(2);

(f)the general practitioner in whose list the child is included;

(g)the personal adviser(3) appointed for the child; and

(h)any other person whose views the responsible local authority or the child consider may be relevant.

(1)

“Health” and “development” are defined for the purposes of Part III of the Act in section 17(11).

(2)

An independent visitor is a person appointed as a visitor for a child in accordance with paragraph 17 of Schedule 2 to the Act.

(3)

Personal advisers are provided for in sections 23B(2), 23C(3)(a) and 23D of, and paragraph 19C of Schedule 2 to, the Act.

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