Management Information Sheet

The Children and Social Work Act 2017 received Royal Assent on 27 April 2017. It sets out new duties for local authorities, maintained schools and academies. This MI Sheet focuses on the elements relating to responsibilities in relation to the attainment of formerly looked after children and young people. The Act contains a range of other duties for example those relating to relationships, sex and PSHE education for schools.

Local Authority Responsibility

A local authority in England must make advice and information available to promote the educational achievement of each relevant child in their area to the following:

1. Any person who has parental responsibility for the child
2. The designated member of school staff (Designated teacher)
3. Any other person that the local authority consider appropriate

The legislation specifies what is meant by a 'relevant child' as follows:

1. A child who was looked after by the local authority or another local authority in England or Wales but ceased to be so looked after as a result of -
   1. a child arrangements order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person,
   2. a special guardianship order, or
   3. an adoption order within the meaning given by section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002, or
2. A child who appears to the local authority -
   1. to have been in state care in a place outside England and Wales because he or she would not otherwise have been cared for adequately, and
   2. to have ceased to be in that state care as a result of being adopted.

Included are children and young people in early years provision or those attending school in the LA area or, if not attending school, receiving all or most of their education in the LA area.

School Responsibilities

The governing body of a maintained school in England or the proprietor of an academy must designate a member of staff at the school to have responsibility for promoting the educational achievement of formerly looked after pupils. These duties will be incorporated into statutory guidance for designated teachers.

They must also ensure that the designated person has the appropriate training and remains up to date regarding any guidance which is issued.

Currently, there will be no requirement for formerly looked after children to have a personal education plan (PEP). Schools may decide to continue with the plan if appropriate however, there are no plans to extend the electronic PEP record in Norfolk.

Norfolk Virtual School for CiC will:

• Ensure that all core training including training for designated teachers is inclusive of formerly looked after children
• Provide information and advice to parents, carers and colleagues and work in partnership to further develop services
• Work in partnership with the Regional Adoption Agency and Virtual Schools in this group to share best practice and produce information which will be available across the region
• Ensure the views of children formerly in care are reflected in service development and improvement
• Continue the collection and analysis of accurate data to evidence progress in closing the gap and identify areas of priority

Please note: A DfE consultation has been published in relation to the statutory guidance: "Promoting the education of looked after children" and "Roles and responsibilities of designated teachers for looked after children".