OpenLegislation

Section 1 Further duties of local authorities towards children whom they are looking after.I1

England and Wales

In Part II of Schedule 2 to the M1Children Act 1989 (“the 1989 Act”), which contains provision as to children being looked after by local authorities, after paragraph 19 insert—

“ Preparation for ceasing to be looked after

19A

It is the duty of the local authority looking after a child to advise, assist and befriend him with a view to promoting his welfare when they have ceased to look after him.

19B
(1)

A local authority shall have the following additional functions in relation to an eligible child whom they are looking after.

(2)

In sub-paragraph (1) “eligible child” means, subject to sub-paragraph (3), a child who—

(a)

is aged sixteen or seventeen; and

(b)

has been looked after by a local authority for a prescribed period, or periods amounting in all to a prescribed period, which began after he reached a prescribed age and ended after he reached the age of sixteen.

(3)

The Secretary of State may prescribe—

(a)

additional categories of eligible children; and

(b)

categories of children who are not to be eligible children despite falling within sub-paragraph (2).

(4)

For each eligible child, the local authority shall carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for them to provide him under this Act—

(a)

while they are still looking after him; and

(b)

after they cease to look after him,

and shall then prepare a pathway plan for him.

(5)

The local authority shall keep the pathway plan under regular review.

(6)

Any such review may be carried out at the same time as a review of the child’s case carried out by virtue of section 26.

(7)

The Secretary of State may by regulations make provision as to assessments for the purposes of sub-paragraph (4).

(8)

The regulations may in particular provide for the matters set out in section 23B(6).

Personal advisers

19C

A local authority shall arrange for each child whom they are looking after who is an eligible child for the purposes of paragraph 19B to have a personal adviser.”.

Annotations

Marginal citations

M1

1989 c. 41.

Commencement

I1

S. 1 wholly in force at 1.10.2001; s. 1 not in force at Royal Assent see s. 8(2); s. 1 in force for W. at 1.10.2001 by S.I. 2001/2191, art. 2; s. 1 in force for E. at 1.10.2001 by S.I. 2001/2878, art. 2