Pathway plans for looked-after children: CA 1989 s. 23E
Pathway plans for looked-after children: advice, assistance and support defined. Combined assessments allowed. Secretary of State can make regulations.
In this Part, a reference to a “ pathway plan ” is to a plan setting out— in the case of a plan prepared under paragraph 19B of Schedule 2— the advice, assistance and support which the local authority intend to provide a child under this Part, both while they are looking after him and later; and when they might cease to look after him; in the case of a plan prepared under section 23CZB, the advice and support that the local authority intend to provide; and in the case of a plan prepared under section 23B or 23CA , the advice, assistance and support which the local authority intend to provide under this Part, and dealing with such other matters (if any) as may be prescribed in regulations made by the Secretary of State . A local authority may carry out an assessment under section 23CZB(5) of a person's needs at the same time as any assessment of the person's needs is made under section 23CA(3). A local authority may carry out an assessment under section 23B(3) , 23CZB(5) or 23CA(3) of a person's needs at the same time as any assessment of his needs is made under— the Chronically Sick and Disabled Persons Act 1970; Part 4 of the Education Act 1996 or Part 3 of the Children and Families Act 2014 (in the case of an assessment under section 23B(3; Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018; the Disabled Persons (Services, Consultation and Representation) Act 1986; or any other enactment. The Secretary of State may by regulations make provision as to assessments for the purposes of section 23B(3) , 23CZB(5) or 23CA. Regulations under subsection (1B) may in particular make provision about— who is to be consulted in relation to an assessment; the way in which an assessment is to be carried out, by whom and when; the recording of the results of an assessment; the considerations to which a local authority are to have regard in carrying out an assessment. A local authority shall keep each pathway plan prepared by them under section 23B , 23CZB or 23CA under review. The Secretary of State may by regulations make provision about pathway plans and their review.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section defines what a 'pathway plan' is. It is a plan that sets out the advice, assistance and support a local authority will provide to a child it is looking after, both while the child is in its care and later. The plan also covers when the local authority might stop looking after the child. Different types of pathway plans exist depending on the legal basis (e.g., under Schedule 2 paragraph 19B, or sections 23CZB, 23B, or 23CA).
The local authority may carry out a needs assessment for a pathway plan at the same time as other assessments under various Acts, such as the Chronically Sick and Disabled Persons Act 1970 or the Education Act 1996.
The Secretary of State can make regulations about how assessments are carried out, who is consulted, and how pathway plans are reviewed. The local authority must keep each pathway plan under review.
When it applies
- A local authority prepares a pathway plan for a child it is looking after, outlining the support to be given while in care and after leaving care.
- A local authority combines a pathway plan assessment with a special educational needs assessment under the Children and Families Act 2014.
- A former relevant child requests a review of their pathway plan to ensure it still meets their needs.
- The Secretary of State issues regulations specifying the form and content of pathway plans.
- A local authority assesses a person's needs under section 23CZB at the same time as a disability assessment under the Disabled Persons (Services, Consultation and Representation) Act 1986.
What this section does not say
- This provision does not specify the detailed content of a pathway plan; that is left to regulations.
- It does not create a right to a pathway plan for all children; only those covered by the specific sections (e.g., relevant children under section 23A).
- It does not set out the procedure for reviewing pathway plans; that is covered by regulations.
- It does not apply to children who are not looked after by a local authority.
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This page reproduces the text of CA 1989 s. 23E in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.