Commentary on Sections Schedule 1: Children's Commissioner Section 9: Care leavers and young persons with learning disabilities
57.This section extends the definition of children in relation to all the Commissioner’s functions. As well as those under 18, it is to include persons aged 18, 19 and 20 who have been looked after by a local authority at any time after attaining the age of 16 or who have a learning disability.
58.Subsection (3) defines ‘looked after by a local authority’ and ‘learning disability’.
59.In the exercise of his functions under Part 1 therefore the Commissioner is to be concerned with all people under the age of 18 and those over 18 but under 21 who come within one of the two specified groups. However, the extension of the definition of children does not apply for the purposes of section 2(11) and 2(12) so that the Commissioner only has to have regard to the United Nations Convention on the Rights of the Child when he is determining what constitutes the interests of those under the age of 18.