Regulation 5 Assessment of needs

(1)

The responsible local authority must assess the needs of each category 2 and 4 young person and each category 3 young person who does not already have a pathway plan, in accordance with this regulation.

(2)

The assessment of needs must be completed—

(a)

in the case of a category 2 young person not more than 3 months after the date on which the young person became a category 2 young person,

(b)

in the case of a category 3 young person who does not already have a pathway plan, not more than 3 months after the date on which young person became a category 3 young person, and

(c)

in the case of a category 4 young person, not more than 3 months after the date on which the responsible local authority is informed that the category 4 young person is pursuing, or wishes to pursue, a programme of education or training.

(3)

The responsible local 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 category 2 young person, or a category 3 young person, who does not already have a pathway plan, the responsible local authority must—

(a)

take into account—

(i)

whether the young person is detained,

(ii)

where the young person is a category 3 young person, whether he or she has a post-18 living arrangement,

(iii)

the young person’s health and development,

(iv)

the young person’s needs for education, training and employment,

(v)

the support available to the young person from members of their family and other persons,

(vi)

the young person’s financial needs,

(vii)

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

(viii)

the young person’s needs for advice and other support; and

(b)

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

(i)

the young person’s parents,

(ii)

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

(iii)

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

(iv)

any school, college or institution within the further education sector attended by the young person,

(v)

the local authority or local authority in England for the area in which the young person lives where that is different from the responsible local authority,

(vi)

any person providing health care or treatment for the young person,

(vii)

where the young person is detained, the director, governor or registered manager (as the case may be), of the prison or youth detention accommodation,

(viii)

where the young person is a category 3 young person who has a post-18 living arrangement, the young person’s former foster parent,

(ix)

any person by whom assistance by way of representation is provided to the young person under section 178 of the Act^f1,

(x)

the young person’s personal adviser, and

(xi)

any other person whose views the responsible local authority, or the young person, consider may be relevant;

(c)

where the category 2 young person is—

(i)

a victim, or there is reason to believe that 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^f2,

(ii)

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

take account of the young person’s needs as a result of that status.

(5)

In carrying out an assessment of the needs of a category 3 young person who has a post-18 living arrangement, the responsible local authority must consider whether the arrangement remains consistent with the well-being of that young person and whether the arrangement should be maintained.

(6)

In carrying out an assessment of the needs of a category 4 young person, the responsible local authority must—

(a)

take into account—

(i)

whether the category 4 young person is detained,

(ii)

the category 4 young person’s needs for education, training or employment, and

(iii)

any other considerations the responsible local 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,

(ii)

where the category 4 young person is detained, the director, governor or registered manager (as the case may be), of the prison or youth detention accommodation, and

(iii)

any other person whose views the responsible local authority, or the category 4 young person considers may be relevant.

(7)

In this regulation—

“Immigration Rules” (“Rheolau Mewnfudo”) 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^f3; and
“institution within the further education sector” (“sefydliad yn y sector addysg bellach”) has the meaning given in section 91(3) of the Further and Higher Education Act 1992^f4.

Annotations

Footnotes

f1: Section 178 of the Act – assistance for persons making representations.
f2: CETS No. 197.
f3: 1971 c. 77.
f4: 1992 c. 22.