22Duty to ensure young people leaving care have suitable accommodation(1)

The Social Services and Well-being (Wales) Act 2014 (anaw 4) is amended as follows.

(2)

After section 108 (pathway assessments and plans: post-18 living arrangements) insert—

108ADuty to ensure that suitable accommodation is available for care leavers(1)

The duty in subsection (2) applies to—

(a)

a category 1 young person;

(b)

a category 2 young person;

(c)

a category 5 young person;

(d)

a category 6 young person;

and, in the case of a category 1 or category 2 young person, the duty continues to apply to the young person (to the extent the duty requires) after the young person becomes a category 3 young person.

(2)

If the young person’s well-being requires it, the responsible local authority for the young person must take reasonable steps to secure that suitable accommodation is available for occupation by the young person—

(a)

during the period of 3 years beginning with the day the young person attains the age of 18, and

(b)

in relation to a category 3 young person, during a subsequent period when there is a duty towards the young person under section 110.

(3)

The duty in subsection (4) applies to—

(a)

a category 3 young person;

(b)

a category 4 young person;

(c)

a category 5 young person who is receiving full-time further or higher education and to whom the responsible authority may give support under section 114(3);

(d)

a former category 5 young person who is receiving full-time further or higher education and to whom the responsible authority may give support under section 114(5);

(e)

a category 6 young person by virtue of section 104(3)(a) who is receiving full-time further or higher education and to whom the responsible authority may give support under section 115(4);

(f)

a former category 6 young person by virtue of section 104(3)(a) who is receiving full-time further or higher education and to whom the responsible authority may give support under section 115(6);

and the duty continues to apply to the young person (to the extent the duty requires) after the young person ceases to fall within any of paragraphs (a) to (f).

(4)

(a)

in relation to a category 3 young person, the day the authority’s duty to the young person under section 110 ends;

(b)

in relation to a category 4 young person, the day the authority’s duty to the young person under section 112 ends;

(c)

in relation to a category 5 young person, the day the further or higher education, in respect of which support under section 114(3) may have been given, ends;

(d)

in relation to a former category 5 young person, the day the further or higher education, in respect of which support under section 114(5) may have been given, ends;

(e)

in relation to a category 6 young person, the day the further or higher education, in respect of which support under section 115(4) may have been given, ends;

(f)

in relation to a former category 6 young person, the day the further or higher education, in respect of which support under section 115(6) may have been given, ends.

(5)

Accommodation may only be regarded as available for a young person’s occupation for the purpose of this section if it is available for occupation by that young person together with any other person who might reasonably be expected to reside with the young person.

(6)

Any interruption in a young person’s pursuance of a programme of education or training is to be disregarded for the purpose of subsections (3) and (4) if the responsible local authority is satisfied that the young person will resume the programme as soon as is reasonably practicable.

(3)

In section 109 (support for category 2 young people), omit subsection (3).

(4)

After section 109 insert—

109AMeaning of suitable accommodation(1)

Regulations may make provision about the meaning of “suitable accommodation” for the purposes of section 108A and 109.

(2)

Regulations under subsection (1) may make provision by reference to—

(a)

any matter connected to the accommodation, including (among other things)—

(i)

the suitability of providers of accommodation;

(ii)

the conditions of occupation;

(iii)

the nature or standard of accommodation;

(iv)

the location of accommodation;

(b)

the personal characteristics or circumstances of a young person to whom section 108A or 109 applies or any person with whom the young person might reasonably be expected to reside.