Children Act 1989, section 23A

The responsible authority and relevant children

Part III SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND

(1)The responsible local authority shall have the functions set out in section 23B in respect of a relevant child.

( 2 ) In subsection (1) “relevant child” means (subject to subsection (3)) a child who—

(a)is not being looked after [F360 by any local authority in England or by any local authority in WalesF360] ;

(b)was, before last ceasing to be looked after, an eligible child for the purposes of paragraph 19B of Schedule 2; and

(c)is aged sixteen or seventeen.

(3)The [F361 Secretary of StateF361] may prescribe—

(a)additional categories of relevant children; and

(b)categories of children who are not to be relevant children despite falling within subsection (2).

(4) In subsection (1) the “responsible local authority” is the one which last looked after the child.

(5)If under subsection (3)(a) the [F362 Secretary of StateF362] prescribes a category of relevant children which includes children who do not fall within subsection (2)(b) (for example, because they were being looked after by a local authority in Scotland), [F363 the [F362 Secretary of StateF362,F363]] may in the regulations also provide for which local authority is to be the responsible local authority for those children.F359]

Definitions used in section 23A 4

functions

“functions” includes powers and duties;

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
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
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 section 23A 21

R (On The Application of M) (Fc) V London Borough of Hammersmith and Fulham Appellate Committee

[2008] UKHL 14 · 27 February 2008Defines

The section supplies the relevant-child status referenced by the statutory housing priority scheme. An eligible child who ceases to be looked after while aged 16 or 17 becomes a relevant child. The claimant could not satisfy this gateway because she had not been looked after for the required period.

GE (Eritrea), R (On the Application Of) v Secretary of State for the Home Department Bedford Borough Council

[2014] EWCA Civ 1490 · 20 November 2014Defines

The provision makes relevant-child status dependent on prior eligible-child status. The court applied that statutory gateway in holding that a person cannot obtain later leaving-care status without having actually been looked after for the required period. (see paras [14]-[15]; [25]-[27])

TG, R (on the application of) v London Borough of Lambeth

[2011] EWCA Civ 526 · 6 May 2011Defines

The provision defined a relevant child by reference to having been looked after, ceasing to be looked after, and previously being an eligible child. The young person satisfied that chain of status. (see paras [18]; [28]-[29])

1 more judgment, and what each says about section 23A, are in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F359Ss. 23A, 23B, 23C inserted (1.10.2001) by 2000 c. 35, s. 2(4); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  2. F360Words in s. 23A(2)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 74(a)
  3. F361Words in s. 23A(3) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 74(b)
  4. F362Words in s. 23A(5) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 74(c)
  5. F363Words in s. 23A(5) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 8(3)(b)

Modifications

  1. C28S. 23A(2) modified (W.) (1.10.2001) by S.I. 2001/2189, reg. 4(4)(5) (as amended (1.8.2002) by S.I. 2002/1855, reg. 2(b)(i))