New legislation aims to support young people leaving care

The Minister with responsibility for Health, Social Services and Public Safety, Des Browne, has announced today that the Children (Leaving Care) Act (Northern Ireland) had received Royal Assent.

The aim of the Act is to improve the life chances of young people preparing to leave care and those who have left care.

Announcing the news, Mr Browne said: “The intention of the new legislation is to make sure that young people who are in care are given the same life chances as other young people.

“Not enough has been done in the past to support young people who come from a care background. Young people often leave the care system without the educational attainments and the ongoing support necessary to ensure their successful inclusion within society. The new Act builds upon the existing statutory provisions in the Children Order and provides greater support for young care leavers as they make the gradual transition from care to independent living.”

The Act received Royal Assent in November last year and is based on the consultation document “Proposals for a Children Leaving Care Bill” published in March 2001.

The main provisions of the Act include:

• A new duty on HSS Trusts to assess and meet needs of all eligible 16 and 17 year olds who are in care or care leavers.
• A new duty on HSS Trusts to keep in touch with care leavers until they are at least 21.
• Every eligible young person in care to have, when they turn 16, a comprehensive pathway plan mapping out a clear pathway to independence.
• Each young person to have a Personal Advisor who will co-ordinate the provision of support and assistance to meet the need of the young person. Particular emphasis will be placed on helping the young into education, training or employment.
• A new financial regime for care leavers. Currently, children who leave care at 16 or 17 can claim social security benefits. The Act simplifies the financial regime by making HSS Trusts responsible for assessing and meeting the needs of these young people and by removing their entitlement to means tested benefits. That money will be transferred to HSS Trusts to help support these young people more effectively.
• Continuing assistance for care leavers aged 18-21, especially with education, training and employment. Assistance with education or training continues to the end of the agreed programme, even if it takes someone past the age of 21.

The Act will come into operation in 2004. This is to allow time to develop and consult upon the detailed regulations and guidance that will underpin the new legislation and to allow HSS Boards, Trusts and other agencies to prepare for implementation of the Act.

(MB)