Statutory Instruments
2014 No. 1917
Children And Young Persons, England
The Care Planning and Care Leavers (Amendment) Regulations 2014
Made
17th July 2014
Laid before Parliament
22nd July 2014
Coming into force
18th August 2014
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 22C(11), 23E(1B), (1C) and (2), 26(1) and (2), 31A(3) and 104(4) of, and paragraph 19B(7) of Schedule 2 to, the Children Act 1989( 1 ).
Citation and commencement
1. These Regulations may be cited as the Care Planning and Care Leavers (Amendment) Regulations 2014 and come into force on 18th August 2014.
Amendment of the Care Planning, Placement and Case Review (England) Regulations 2010
2.The Care Planning, Placement and Case Review (England) Regulations 2010( 2 ) are amended as follows.
3. —(1) Regulation 5 is re-numbered as paragraph (1) of that regulation.
(2) In regulation 5(1) (preparation and content of the care plan) at the end insert—
“ (f) where C is—
(i) a victim, or there is reason to believe C 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,
that fact.
(2) In this regulation “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 ( 3 ) . ” .
4. In regulation 42(2) (assessment of needs) after subparagraph (b) insert—
“ (ba) where C falls within regulation 5(1)(f), any needs C has as a result of that status, ” .
5. In Schedule 7 (considerations to which the responsible authority must have regard when reviewing C’s case) at the end insert—
“ 14. Where C falls within regulation 5(1)(f), whether C’s needs as a result of that status are being met. ” .
Amendment of the Care Leavers (England) Regulations 2010
6.The Care Leavers (England) Regulations 2010( 4 ) are amended as follows.
7. In regulation 5 (assessment of needs)—
(a) after subparagraph (4)(b) insert—
“ (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, ” .
(b) in paragraph (6) after “In this regulation—“ insert—
“ (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. ” .
8. In Schedule 1 (matters to be dealt with in the pathway plan and review) at the end insert—
“ 11. Where the child falls within regulation 5(4)(aa), whether the child’s needs as a result of that status are being met. ” .
Edward Timpson
Parliamentary Under Secretary of State
Department for Education
17th July 2014
1989 c. 41 . Section 22C was inserted by section 8(1) of the Children and Young Persons Act 2008 (c.23) (“the 2008 Act”). Section 26(1) was amended by section 39 of, and paragraphs 1 and 16(1) and (2) of Schedule 3 to, the 2008 Act and section 26(2) was amended by section 118(1)(a) of the Adoption and Children Act 2002 (c.38) (“the 2002 Act”) and by section 10(3)(a) of the 2008 Act; section 31A was inserted by section 121(2) of the 2002 Act and paragraph 19B of Schedule 2 was amended by paragraphs 1, 27(1) and (3) of the 2008 Act. For the definition of “prescribed” see section 105(1) of the Children Act 1989.
S.I. 2010/959 , amended by S.I.s 2011/581 , 2013/706 and 2013/984 .