Regulation 5 Assessment of needsI1

England and Wales

(1)

The responsible authority must assess the needs of each relevant child who does not already have a pathway plan, and each former relevant child falling within section 23CA (further assistance to pursue education or training), in accordance with this regulation^f1.

(2)

The assessment of needs must be completed—

(a)

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, and

(b)

in the case of a former relevant child falling within section 23CA, not more than three months after the date on which the responsible authority are informed, in accordance with section 23CA(1)(c), that the former relevant child is pursuing, or wishes to pursue, a programme of education or training.

(3)

The responsible authority must ensure that a written record is kept of—

(a)

the identity of the persons whose views have been sought for the purpose of carrying out the assessment,

(b)

the information obtained in the course of the assessment,

(c)

the deliberations at any meeting held in connection with any aspect of the assessment, and

(d)

the results of the assessment.

(4)

In carrying out an assessment of the needs of a relevant child who does not already have a pathway plan, the responsible authority must—

(a)

take into account—

(i)

the child’s health and development,

(ii)

the child’s needs for education, training or employment,

(iii)

the support available to the child from members of the child’s family and other persons,

(iv)

the child’s financial needs,

(v)

the extent to which the child possesses the practical and other skills necessary for independent living, and

(vi)

the child’s needs for care, support and accommodation, F1...

(b)

unless it is not reasonably practicable or appropriate to do so, seek and take into account the views of—

(i)

the child’s parents,

(ii)

any person who is not the child’s parent but has parental responsibility for the child,

(iii)

any person who on a day to day basis cares for, or provides accommodation for the child,

(iv)

any school F2, 16 to 19 Academy or institution within the further education sector attended by the child,

(v)

the local authority for the area in which the child lives where that is different from the responsible authority,

(vi)

the designated teacher at the school where the child is a registered pupil^f2,

(vii)

any person providing health care or treatment to the child,

(viii)

any person by whom assistance by way of representation is provided to the child by virtue of arrangements made by the responsible authority under section 26A^f3 (advocacy services),

(ix)

the personal adviser, and

(x)

any other person whose views the responsible authority, or the child, consider may be relevant, F3and

F4(c)

where the relevant child is—

(i)

a victim, or there is reason to believe they may be a victim, of trafficking in human beings within the meaning of the Council of Europe Convention on Action against Trafficking in Human Beings,

(ii)

an unaccompanied asylum seeking child within the meaning of the Immigration Rules and has applied, or has indicated to the responsible authority an intention to apply, for asylum and has not been granted indefinite leave to remain

take into account the relevant child’s needs as a result of that status,

(5)

In carrying out an assessment of the needs of a former relevant child falling within section 23CA, the responsible authority must—

(a)

take into account—

(i)

the former relevant child’s needs for education, training or employment, and

(ii)

any other considerations the responsible authority consider relevant, and

(b)

unless it is not reasonably practicable to do so, seek and take into account the views of—

(i)

the personal adviser, and

(ii)

any other person whose views the responsible authority, or the former relevant child consider may be relevant.

(6)

In this regulation—

F5(aa)

“Immigration Rules” means the rules for the time being laid down by the Secretary of State as mentioned in section 3(2) of the Immigration Act 1971.

(a)

“institution within the further education sector” has the meaning given in section 91(3) of the Further and Higher Education Act 1992^f4,

(b)

“registered pupil” has the meaning given in section 434(5) of the Education Act 1996^f5, and

(c)

“school” has the meaning given in section 4 of the Education Act 1996^f6.

Annotations

Textual amendments

F1: Word in reg. 5(4)(a) omitted (1.4.2015) by virtue of The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/495), regs. 1, 14(a)
F2: Words in reg. 5(4)(b)(iv) inserted (1.5.2012) by The Alternative Provision Academies and 16 to 19 Academies (Consequential Amendments to Subordinate Legislation) (England) Order 2012 (S.I. 2012/979), art. 1(b), Sch. para. 30
F3: Word in reg. 5(4)(b) inserted (1.4.2015) by The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/495), regs. 1, 14(b)
F4: Reg. 5(4)(c) inserted (18.8.2014) by The Care Planning and Care Leavers (Amendment) Regulations 2014 (S.I. 2014/1917), regs. 1, 7(a)
F5: Reg. 5(6)(aa) inserted (18.8.2014) by The Care Planning and Care Leavers (Amendment) Regulations 2014 (S.I. 2014/1917), regs. 1, 7(b)

Commencement

I1: Reg. 5 in force at 1.4.2011, see reg. 1(1)

Footnotes

f1: Responsible authorities are required to carry out an assessment of needs for a relevant child by section 23B(3)(a) of the 1989 Act and, for a former relevant child who falls within section 23CA of that Act, by section 23CA(3)(a).
f2: The “designated teacher” in the case of a maintained school means the member of staff designated by the governing body in accordance with section 20(1) of the 2008 Act. Academies, City Technology Colleges and City Colleges for the Technology of the Arts are required by their Funding Agreements to have a designated teacher. The Designated Teacher (Looked After Pupils etc.)(England) Regulations 2009 (S.I. 2009/1538) made under section 20(3) of the 2008 Act prescribe the qualifications and experience of the designated teacher.
f3: Section 26A was inserted by section 119 of the Adoption and Children Act 2002.
f4: 1992 c.13. Section 91(3)(c) was inserted by paragraphs 1 and 13 of Schedule 8 to the Apprenticeships, Skills, Children and Learning Act 2009 (c.22 ).
f5: 1996 c.56.
f6: That is, an educational institution, outside the further and higher education sectors, for providing primary and/or secondary education.