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SUPPORTING YOUNG PEOPLE LEAVING CARE IN SCOTLAND

REGULATIONS

SCOTTISH STATUTORY INSTRUMENTS

2004 No.

CHILDREN AND YOUNG PERSONS

The Support and Assistance of Young People Leaving Care (Scotland) Regulations 2004

The Scottish Ministers, in exercise of the powers conferred by sections 73(2)(a), (c), (d), 73(3) and 78(1) of the Regulation of Care (Scotland) Act 2001(1) and section 17(1) of the Children (Scotland) Act 1995(2) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent

1.–(1) These Regulations may be cited as the Support and Assistance of Children and Young People Leaving Care (Scotland) Regulations 2004 and shall come into force on 1st April 2004.

(2) These Regulations extend to Scotland only.

Interpretation

2.–(1) In these Regulations, unless the context otherwise requires:—

"complainant" means any person specified in subsection (1) or (2) of section 29 of the 1995 Act who has made a representation;

"compulsory supported person" means a young person to whom a local authority is obliged to provide support and assistance in terms of section 29(1) of the 1995 Act;

"currently looked after person" means a person who is over school age, but is less than eighteen, years of age and who is being looked after by a local authority;

"discretionary supported person" means a young person to whom a local authority has agreed to provide support and assistance in terms of section 29(2) of the 1995 Act;

"independent person" means in relation to representations made to a local authority, a person who is neither a member nor an officer of that authority;

"life coach" means a person appointed by the responsible authority in terms of Regulation 5;

"local authority" means a Council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(3);

"looked after" has the meaning given to it in section 17(6) of the 1995 Act;

"needs assessment" means an assessment carried out under section 29(5)(a) of the 1995 Act;

"panel" means a panel of three persons;

"parent" has the meaning given to it in section 15(1) of the 1995 Act;

"parental responsibility" has the meaning given to it in section 1(3) of the 1995 Act;

"parental rights" has the meaning given to it in section 2(4) of the 1995 Act;

"pathway plan" means a plan setting out in writing details of the advice, support and assistance that a local authority intends to provide to a young person pursuant to its duties under section 29(1) or 29(2) of the 1995 Act;

"prospective supported person" means a young person who has made an application to a local authority for assistance in terms of section 29(2) of the 1995 Act which has yet to be determined;

"representations" means any representations referred to in section 29(5) of the 1995 Act;

"responsible authority" means—

(a) in relation to a currently looked after person, the local authority looking after that person; and

(b) in relation to a compulsory supported or a discretionary supported person, the local authority which last looked after the person,

"the 1995 Act" means the Children (Scotland) Act 1995.

Involvement of the young person

3.–(1) When carrying out a needs assessment and when preparing or reviewing a pathway plan, the responsible authority shall, unless it is not reasonably practicable to do so—

(a) seek and have regard to the views of the young person to whom it relates; and

(b) take all reasonable steps to enable the young person to attend and participate in any meetings at which the case of the young person is to be considered.

(2) The responsible authority shall, without delay, provide the young person with copies (where appropriate) of—

(a) the results of the needs assessment;

(b) the pathway plan;

(c) each review of that young person’s pathway plan; and

(d) an explanation of the procedure for making representations under Regulations 13 to 20;

and shall ensure that the contents of each document are explained to the young person in accordance with that individual’s level of understanding unless it is not reasonably practicable to do so.

Needs assessment — general

4.–(1) The responsible authority shall prepare a written statement describing the manner in which the needs of currently looked after persons, compulsory supported persons and prospective supported persons will be assessed.

(2) The written statement shall include, in relation to the young person whose needs are to be assessed, information about—

(a) the person responsible for the conduct of and co-ordination of the assessment;

(b) the timetable for the assessment;

(c) who is to be consulted for the purposes of the assessment;

(d) the arrangements for recording the outcome of the assessment.

(3) The responsible authority shall make a copy of the written statement available to the young person in question and, so far as it is reasonably practicable to do so, to the persons specified in regulation 6 (5) below.

(4) Nothing in these Regulations shall prevent the carrying out of any assessment or review under these Regulations at the same time as any assessment review or consideration under any other enactment.

Life coaches

5.–(1) A local authority shall arrange for each compulsory supported person and each discretionary supported person, in respect of whom it is the responsible authority, to have a life coach.

(2) A life coach shall be a person who is, in the opinion of the responsible authority, suitable and capable of performing the functions specified in regulation 5(5) below.

(3) A life coach shall be an individual person and may or may not be an officer and employee of the responsible authority.

(4) Before appointing a life coach, the responsible authority shall seek and take into account the views of the young person as regards that appointment.

(5) A life coach shall have the following functions in relation to a compulsory supported person or a discretionary supported person—

(a) to provide advice (including practical advice) and support;

(b) where applicable, to participate when the young person’s assessment and the preparation of the relevant pathway plan;

(c) to participate in reviews of the pathway plans;

(d) to liase with the responsible authority in the implementation of the pathway plan;

(e) to co-ordinate the provision of services and to take reasonable steps to ensure that the young person makes use of such services;

(f) to keep informed about the progress and well being of the young person; and

(g) to keep a written record of all contacts with the young person.

Preparation for Leaving Care

6.–(1) In carrying out its duties under section 17(1)(a) of the 1995 Act to prepare a currently looked after person for when that young person is no longer looked after, local authorities shall, in relation to each currently looked after person in respect of whom they are the relevant local authority—

(a) carry out a needs assessment with a view to determining what advice, support and assistance it would be appropriate for the authority to provide to the young person to prepare them;

(b) if the responsible authority considers it necessary or desirable to do so, prepare a pathway plan for that young person; and

(c) if the relevant authority considers it necessary or desirable to do so, appoint a life coach to that young person.

Needs Assessment — Individual Cases

7.–(1) When carrying out its duties under section 29(5) of the 1995 Act (assessment of needs), the responsible authority shall assess the needs of each compulsory supported person and each prospective supported person who does not already have a pathway plan in accordance with these Regulations.

(2) The assessment of needs shall be complete—

(a) in the case of a compulsory supported person, not more than three months after the date on which that person becomes a compulsory supported person and

(b) in the case of a prospective supported person, not more than three months after the date on which that person makes an application for assistance under section 29(2) of the 1995 Act.

(3) Each responsible authority shall ensure that a written record is kept of—

(a) the information obtained in the course of a needs assessment;

(b) the deliberations at any meeting held in connection with any aspect of a needs assessment; and

(c) the results of a needs assessment.

(4) In carrying out a needs assessment, the responsible authority shall take account of the following considerations:—

(a) the young person’s health and development;

(b) the young person’s need for education, training or employment;

(c) the young person’s needs for care and support;

(d) the young person’s need for accommodation;

(e) the young person’s financial needs;

(f) the extent to which the young person possesses the practical and other skills necessary for independent living; and

(g) the support available to the young person from members of the young person’s family and other persons;

(5) The responsible authority may seek the views of—

(a) the parents of the young person;

(b) any person who is not a parent but has parental responsibility for a compulsory supported person;

(c) any person who on a day to day basis cares for, or provides accommodation for, the young person;

(d) any school or college attended by the young person or the education authority for the area in which the young person lives;

(e) any person providing health care or treatment to the young person;

(f) any life coach appointed for the or young person in terms of regulation 5; and

(g) any other person whose views the responsible authority, or the young person, consider may be relevant.

and the responsible authority shall take into account any such views that have been sought.

Pathway plans

8.–(1) Within 14 days after completion of a needs assessment for a compulsory supported person, the responsible authority shall prepare a pathway plan for the young person in question.

(2) Within 7 days after completion of a needs assessment for a prospective supported person, the responsible authority shall, after taking the needs assessment into account, decide whether to grant the prospective supported person’s application for assistance in terms of section 29(2) of the 1995 Act. The responsible authority shall notify the decision to the prospective supported person within 7 days of the decision being reached.

(3) Within 14 days after the grant of an application for assistance under section 29(2) of the 1995 Act, the responsible authority shall prepare a pathway plan for the discretionary supported person in question.

(4) A pathway plan shall include the matters set out in the Schedule to these Regulations.

(5) A pathway plan shall, in relation to each of the matters referred to in the Schedule, as set out—

(a) the manner in which the responsible authority proposes to meet the needs of the young person; and

(b) the date by which, and by whom, any action required to implement any aspect of the pathway plan will be carried out.

(6) The pathway plan shall be recorded in writing.

Review of pathway plans

9.–(1) The responsible authority shall review the pathway plan of each compulsory supported person and each discretionary supported person in accordance with this regulation.

(2) The responsible authority shall arrange a review—

(a) if requested to do so by the young person in question;

(b) if it, or the life coach considers a review necessary; and

(c) in any other case, at intervals of not more than 6 months.

(3) In carrying out a review, the responsible authority shall, to the extent it considers it appropriate to do so, seek and take account of the views of the persons mentioned in regulation 6(5).

(4) The responsible authority conducting a review must consider whether, in relation to each of the matters set out in the Schedule, any change to the pathway plan is necessary.

(5) The results of the review must be recorded in writing.

Manner in which Assistance is Provided

10.–(1) Save in exceptional circumstances and subject to paragraph (4), the responsible authority shall only provide regular support in cash to a compulsory supported person less than eighteen years of age looked after and accommodated for a period of or periods totalling 13 weeks since the age of 14.

(2) The responsible authority must be satisfied that the value of any assistance given to a compulsory supported person (be it in cash or in kind or a combination of both) is of a total value that is at least equivalent to the value of social security benefits that the young person would otherwise have been entitled to from time to time, but for the operation of the regulations made, or to be made, pursuant to section 6(4) of the Children (Leaving Care) Act 2000(4).

(3) If a local authority considers that the welfare of a compulsory supported person or a discretionary supported person requires it, it shall provide such assistance (whether in cash or in kind) as appears necessary in the circumstances to the young person until such time as the young person’s needs assessment and (where appropriate) pathway plan have been completed. Such support may also be provided until any complaint or appeal initiated under regulations 13 to 19 has been determined in accordance with those provisions.

(4) For the purposes of paragraph (1), a young person shall be deemed not to have accommodated for the required period of 13 weeks if that young person has been looked after in circumstances where—

(a) the local authority arranged to place the young person in a pre-planned series of short-term placements, more of which individually exceeds 4 weeks (even though they may amount in all to a period of 13 weeks or more); and

(b) at the end of each such placement the young person returns to the care of the young person’s family.

(5) In this regulation—

(a) "social security benefits" means income support, income-based job seeker’s allowance and housing benefit as such benefits may be varied, amended or replaced from time to time;

(b) "family" includes any person who has parental responsibility for the young person and any person with whom the young person was living prior to being looked after by a local authority, but does not include a local authority; and

(c) "accommodated" means provided with accommodation by a local authority pursuant to its duties under section 25 of the 1995 Act or in compliance with a direction made in a supervision requirement under section 73(3) of that Act; but it does not include circumstances where the young person has been placed with that young person’s family either under arrangements made under section 26(2)(c) of the 1995 Act or in compliance with a direction made in a supervision requirement.

Accommodation

11.–(1) The responsible authority may assist a compulsory supported person or a discretionary supported person by providing that young person with, or supporting that young person in, suitable accommodation.

(2) In this regulation (employment, education and training), "suitable accommodation" means accommodation—

(a) which, so far as is reasonably practicable, is suitable for the young person in question in light of that young person’s needs, including health needs and any needs arising from any disability;

(b) in respect of which the responsible authority has satisfied itself as to the character and suitability of the Landlord or other provider; and

(c) in respect of which the responsible authority has, so far as is reasonably practicable, taken into account the young person’s—

(i) wishes and feelings; and

(ii) education, training or employment needs.

(3) Where the responsible authority is satisfied that a compulsory supported person or a discretionary supported person who is in full time further or higher education needs accommodation during a vacation because that young person’s term time accommodation is not available then, it shall give assistance to that young person by—

(a) providing the young person with suitable accommodation during the vacation; or

(b) paying that young person enough to enable him or her to secure such accommodation themselves.

Retention and confidentiality of records

12.–(1) All records relating to needs assessments, pathway plans and reviews of pathway plans shall be retained by the responsible authority until the 75th anniversary of the date of birth of the young person to whom it relates or of a period of 25 years beginning with the date of death of the young person.

(2) The requirement in paragraph (1) may be complied with by retaining the original written records or copies of them, or by keeping all or part of the information contained in them in some other accessible form such as computer records.

(3) The records mentioned in paragraph (1) must be kept securely and may not be disclosed to any person except in accordance with—

(a) any provision of, or made under, or by virtue of, a statute under which access to such records is authorised; or

(b) any court order authorising access to such records.

Right to make representations and complain — general

13.–(1) Each local authority shall appoint one of their officers to assist the authority in the co-ordination of all aspects of their consideration of representations ("the nominated officer").

(2) Each local authority shall ensure that everyone involved in the handling of any representation, including independent persons, is familiar with the procedure set out in these Regulations.

Representations

14.–(1) Representations may be made either orally or in writing.

(2) Where a representation is made orally, the local authority shall immediately record the representation in writing and send the written record to the complainant, who shall be given the opportunity to comment on the record.

(3) The local authority shall consider any comments made by the complainant under paragraph (2) and shall make any amendments to the record which it considers to be necessary.

(4) For the purposes of the following provisions of these Regulations, the written record referred to in paragraph (3) shall be deemed to be the representation.

(5) The representation may be withdrawn at any stage by the complainant.

Informal resolution of representations and complaints

15. Where a local authority receives a representation from a complainant, it shall—

(a) provide the nominated officer with a written summary of the representation;

(b) endeavour to reach a settlement to the satisfaction of the complainant within 14 days; and

(c) if at the end of 14 days no such resolution has been achieved, notify the nominated officer.

Formal resolution of representations and complaints

16.–(1) Where the complainant is not satisfied with the outcome of the procedure set out in regulation 15, the local authority shall:

(a) send to the complainant an explanation of the procedure set out in these Regulations, and other assistance and guidance on the use of the procedure, or give advice on where the complainant may obtain it;

(b) appoint an independent person to take part in the consideration of the representation.

(2) The local authority shall consider the representation with the independent person and formulate a response within 28 days of the notification to the nominated officer under regulations 15(c).

(3) The independent person shall take part in any discussions which are held by the local authority about the action (if any) to be taken in relation to the complainant in the light of its response to the representation.

Notification of decision and right of appeal

17.–(1) The local authority shall give notice within the period specified in regulation 16(2) to—

(a) the complainant;

(b) the independent person;

(c) the nominated officer;

(d) the life coach (if one has been appointed); and

(e) any other person whom the local authority considers has an interest in the case,

of its response to the representation under regulation 16(2), any action under regulation 16(3) and complainant’s right to appeal to a panel under paragraph (2).

(2) The complainant may give notice in writing to the local authority within 28 days of the date on which notice is given under paragraph (1) that the complainant is dissatisfied with its response to the representation or the action to be taken and wishes to appeal to a panel ("notice of appeal").

Appeal panels — members and procedure

18.–(1) If the local authority is given notice of appeal under regulation 17(2), a panel shall be appointed by the local authority to consider the representation and the appeal.

(2) A panel appointed under paragraph (1) shall—

(a) include at least one independent person;

(b) not include any officers or members of the local authority who participated in the procedure under regulation 15 or 16.

(3) The panel shall meet within 28 days of the receipt by the local authority of the complainant’s notice of appeal.

(4) At that meeting the panel shall consider—

(a) any oral or written submissions that the complainant and the local authority wish to make; and

(b) any oral or written submission which the independent person appointed under regulation 16 wishes to make (if that independent person is different from the independent person on the panel);

(c) any oral or written submission from the life coach (if appointed) or the nominated officer.

(5) The complainant and the complainant’s life coach shall be invited to attend the meeting of the panel. The complainant may be accompanied throughout the meeting by another person of the complainant’s choice and may nominate that other person to speak on the complainant’s behalf.

Appeal panels - decisions

19.–(1) The panel shall decide on their recommendation and record it with their reasons in writing within 24 hours of the end of the meeting held under regulation 18. In reaching its decision, the panel shall take into account any submissions made under regulations 18(4) above.

(2) The panel shall give notice of their recommendation to—

(a) the complainant;

(b) the local authority;

(c) the independent person appointed under regulation 16 if different from the independent person on the panel;

(d) the life coach (if appointed);

(e) the nominated officer, and

(f) any other person whom the local authority considers has an interest in the case.

(3) The local authority shall, together with the independent person (or persons) appointed to the panel under regulation 18(2)(a)), consider what action, if any, should be taken in relation to the complainant in light of the representation and the independent person or persons shall take part in any discussion about such action. In reaching its decision, the local authority shall take into account the recommendations of the panel.

(4) The local authority shall give notice in writing to the persons mentioned in paragraph (2)(a), (b), (d), (e) and (f) of its decision under paragraph (3) and starting its reasons for that decision within 24 hours of that decision.

Transitional provisions

20.–(1) Notwithstanding the terms of regulation 7(2), a local authority shall complete a needs assessment in respect of any young person who is, on the date that these regulations come into force, currently entitled to assistance in terms of section 29(1) of the 1995 Act within twelve months of the date on these regulations come into force.

Signed on behalf of the Scottish Ministers

[                                       ],

[                                ]

[Date]

[                   ]

SCHEDULE

Matters to be dealt with within the pathway plan and review of pathway plan

1. The outcome of the needs assessment.

2. A statement of the wishes and aspirations of the young person.

3. The nature and level of contact of personal support to be provided, and by whom, to the young person.

4. A programme to develop the practical and other skills necessary for the young person to live independently.

5. A detailed plan for the education or training of the young person, including how the responsible authority will assist the young person in relation to employment or other provisional activity or occupation.

6. The financial support to be provided to the young person, in particular where it is to be provided to meet his accommodation and maintenance needs.

7. The health needs, including any mental health needs, over the young person, and how they are to be met.

8. The support to be provided to enable the young person to develop and sustain appropriate family and social relationships.

9. Details of the accommodation the young person has to occupy.

EXPLANATORY NOTE

(                                   )

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