F1229 19B (1) A local authority shall have the following additional functions in relation to an eligible child whom they are looking after.
Definitions used in Schedule 2, paragraph 19B 3
- local authority
“local authority” means, in relation to England ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968 ;
Defined in s.105(1) · see it in the full Act- functions
“functions” includes powers and duties;
Defined in s.105(1) · see it in the full Act- eligible child
( 2 ) In sub-paragraph (1) “eligible child” means, subject to sub-paragraph (3), a child who—
Defined in Sch.2 para.19B(2) · see it in the full Act
Cases considering Schedule 2, paragraph 19B 33
R (on the application of G) (FC) (Appellant) v London Borough of Southwark (Respondents)
The provision identifies eligible 16- and 17-year-olds who are looked after and consequently qualify for enhanced leaving-care support. (see para [7]) The appellant became an eligible child because his accommodation was legally provided under section 20(1). (see para [36])
R (On The Application of M) (Fc) V London Borough of Hammersmith and Fulham Appellate Committee
The paragraph forms part of the gateway requiring a young person to have been looked after for the prescribed period before becoming an eligible child. The paragraph identifies the age and looked-after-period conditions for a 16 or 17-year-old to qualify as an eligible child for additional leaving-care services. The paragraph requires assessment of an eligible young person’s future needs as part of the leaving-care support scheme.
GE (Eritrea), R (On the Application Of) v Secretary of State for the Home Department Bedford Borough Council
The provision supplied the eligibility requirement of having been looked after for a cumulative period of at least 13 weeks between the ages of 14 and 18. That actual history was necessary to later leaving-care status. (see paras [14]-[15]; [25])
- TG, R (on the application of) v London Borough of Lambeth
- S, R (on the application of) v London Borough of Sutton
- M, R (on the application of) v London Borough of Hammersmith & Fulham
- CLT, R (on the application of) v London Borough of Hounslow
- TT v Essex County Council
- HP, R (on the application of) v The Mayor and Burgesses of the Royal Borough of Greenwich
- KI, R (On the Application Of) v London Borough of Brent
- Birara, R (on the application of) v London Borough of Hounslow
- A, R (on the application of) v London Borough of Lambeth
- A (By His Litigation Friend, Valbona Mejzninin), R (on the application of) v London Borough of Croydon
- W, R (on the application of) v North Lincolnshire Council
- G, R (on the application of) v Nottingham City Council
- S, R (on the application of) v London Borough of Sutton
- H & Ors v London Borough Of Wandsworth & Ors
- J, R (on the application of) v Caerphilly County Borough Council
- P, R (on the application of) v London Borough of Newham
- W, R (on the application of) v Essex County Council
13 more judgments, and what each says about Schedule 2, paragraph 19B, are in the case-law panel in the full Act.
Amendments and notes
2 notes from legislation.gov.uk
Amendments
- F1229Sch. 2 Pt. II paras. 19A-19C and preceding cross-headings inserted (1.10.2001) by 2000 c. 35, s. 1; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
Modifications
- C87Sch. 2 pt. II para. 19B(2) restricted (W.) (1.10.2001) by S.I. 2001/2189, reg. 3(2)