F1235 19C A local authority shall arrange for each child whom they are looking after who is an eligible child for the purposes of paragraph 19B to have a personal adviser.F1227]
Definitions used in Schedule 2, paragraph 19C 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- child
16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.
Defined in Sch.1 para.16(1) · see it in the full Act“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;
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 19C 6
CLT, R (on the application of) v London Borough of Hounslow
Applies the duty to appoint a personal adviser to an eligible child. The court declared that the authority failed to comply with the consequent duties. (see paras [49]; [83]; [86])
G, R (on the application of) v Nottingham City Council
The court interpreted the mandatory duty to arrange a personal adviser as arising when the child becomes eligible and requiring appointment as soon as reasonably practicable. (see paras [19], [21])
J, R (on the application of) v Caerphilly County Borough Council
Requires the authority to arrange a personal adviser for each eligible child it is looking after. The delay in appointing an adviser breached this duty. (see paras [6], [27]-[32], [33])
- W, R (on the application of) v Essex County Council
- R (On The Application of M) (Fc) V London Borough of Hammersmith and Fulham Appellate Committee
- TG, R (on the application of) v London Borough of Lambeth
What each judgment says about Schedule 2, paragraph 19C is in the case-law panel in the full Act.
Amendments and notes
2 notes from legislation.gov.uk
Amendments
- F1235Sch. 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
- F1227Sch. 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