Explanatory note

These Regulations are made under the Children Act 1989 (‘the 1989 Act’) and come into force on 1st April 2011. They revoke, and in part replace, the Children (Leaving Care) (England) Regulations 2001.

The Regulations make provision about support to be provided to certain children and young people who are no longer looked after by a local authority i.e. ‘relevant children’ (defined in section 23A(2) of the 1989 Act and regulation 3) and ‘former relevant children’ (defined in section 23C of the 1989 Act).

They re-enact provisions in the 2001 Regulations (other than those relating to ‘eligible children’ which are now contained in the Care Planning, Placement and Case Review (England) Regulations 2010) with minor changes. They also reflect a change made by the Children and Young Persons Act 2008 which inserted section 23CA into the 1989 Act, extending the duties of local authorities in relation to certain former relevant children who pursue further education or training.

These Regulations make provision about the way in which the local authority must carry out an assessment of the needs of relevant and former relevant children [regulation 5] and about the preparation and review of pathway plans, which are plans setting out the advice, assistance and support the local authority intend to provide [regulations 6 and 7, and Schedule 1].

They prescribe the functions of personal advisers appointed for relevant and former relevant children [regulation 8] and make provision about other support, the suitability of accommodation and the provision of vacation accommodation [regulation 9, and Schedule 2]. They provide for the establishment and keeping of records in relation to assessments and pathway plans [regulation 10].