The Care Planning and Care Leavers (Amendment) Regulations 2014

• Citation: S.I. 2014/1917
• Sections: 8

Section 1 Citation and commencement

These Regulations may be cited as the Care Planning and Care Leavers (Amendment) Regulations 2014 and come into force on 18th August 2014.

Section 2 Amendment of the Care Planning, Placement and Case Review (England) Regulations 2010

The Care Planning, Placement and Case Review (England) Regulations 2010 are amended as follows.

Section 3 Amendment of the Care Planning, Placement and Case Review (England) Regulations 2010

(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 .

Section 4 Amendment of the Care Planning, Placement and Case Review (England) Regulations 2010

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,

Section 5 Amendment of the Care Planning, Placement and Case Review (England) Regulations 2010

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.

Section 6 Amendment of the Care Leavers (England) Regulations 2010

The Care Leavers (England) Regulations 2010 are amended as follows.

Section 7 Amendment of the Care Leavers (England) Regulations 2010

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.

Section 8 Amendment of the Care Leavers (England) Regulations 2010

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.