Guides
Guide to the leaving care legislation and implication of case law rulings
Author: Ed Mitchell, a practising solicitor experienced in both social care law and legislative drafting. Currently general editor of Social Care Law Today BIOG
Last Updated: 04 October 2012
Publication Date: 04 November 2010
Quick links
Introduction
What is the leaving care legislation?
Guidance
Source legislation
Structure of this guide
Category 1 – All looked-after children
Category 2 – Eligible child (Stepping stone stage for older children)
Category 3 – Relevant child (early care leavers)
Category 4 – Former relevant children (young adult care leavers)
Category 5 – Persons qualifying for advice and assistance (section 24, 24A & 24B Children Act 1989)
Category 6 – The new category – section 23CA of the Children Act 1989 (inserted by the Children & Young Persons Act 2008 but not yet in force)
Assessments
The personal adviser
The pathway plan
Review of pathway plans
The affect of immigration status upon entitlements under the leaving care legislation
Introduction
The leaving care legislation, contained in the Children Act 1989, was recently described by the Court of Appeal as “impenetrable” (R(SO) v Barking & Dagenham LBC (2010)).
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