Latest News:Latest News - July 2010
Children Leaving Care win the right to have care plans reviewed by a social worker
Young people’s Pathway Plans must be reviewed by a social worker. A personal adviser alone cannot carry out a review
In an important judgment, the High Court has once again criticised a local authority for failing to comply with its duties to care leavers.
Young people who have been in the care of a local authority after the age of 16 are entitled to a detailed assessment of their needs, which should be documented in a detailed “Pathway Plan”. This plan sets out who will provide identified support to the young person, where and when. It also sets out contingency plans. The plan remains in force until the young person is 21, or 24 if they remain in education. It must be reviewed at least every 6 months. The purpose of such a plan is to ensure that the young person receives the support and guidance which a parent would want to provide to their child.
On Wednesday 7 July 2010 Mr Justice Parker gave judgment in A v Lambeth. The case involved an 18 year old who had previously been looked after by the local authority. During the course of proceedings, it emerged that his pathway plan review had been conducted by his personal advisor, a person who is employed to act as an intermediary between the young person and social services. The Judge held that such an act was unlawful, stating that while the personal adviser may legitimately take the initiative in relation to a review, this did not mean that the personal advisor may carry out the review. This is the role of a social worker.
Oliver Studdert, solicitor for the Claimant commented:
"This judgment makes clear that social services cannot cease to be involved with children leaving care once they reach 18. The role of the personal advisor should always be to work with the young person and to play a negotiating role with social services on their behalf. All too frequently a personal advisor also plays the role of social worker, resulting in clear conflicts arising to the detriment of the young person. This is yet another indication from the courts that social services departments cannot get away with side-stepping their duties to some of the most vulnerable people in society."
Maxwell Gillott are able to advise on many areas of community care law so please get in touch with our team on: 01524 596080 or email us at office@mglaw.co.uk.
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© Maxwell Gillott 2008
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