Children Act 1989, section 23B

Additional functions of the responsible authority in respect of relevant children

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

(1)It is the duty of each local authority to take reasonable steps to keep in touch with a relevant child for whom they are the responsible authority, whether he is within their area or not.

(2)It is the duty of each local authority to appoint a personal adviser for each relevant child (if they have not already done so under paragraph 19C of Schedule 2).

(3)It is the duty of each local authority, in relation to any relevant child who does not already have a pathway plan prepared for the purposes of paragraph 19B of Schedule 2—

(a)to carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for them to provide him under this Part; and

(b)to prepare a pathway plan for him.

F365( 4 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F365( 5 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F365( 6 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F365( 7 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)The responsible local authority shall safeguard and promote the child’s welfare and, unless they are satisfied that his welfare does not require it, support him by—

(a)maintaining him;

(b)providing him with or maintaining him in suitable accommodation; and

(c)providing support of such other descriptions as may be prescribed.

(9)Support under subsection (8) may be in cash.

(10) The [F366 Secretary of State F366] may by regulations make provision about the meaning of “suitable accommodation” and in particular about the suitability of landlords or other providers of accommodation.

(11)If the local authority have lost touch with a relevant child, despite taking reasonable steps to keep in touch, they must without delay—

(a)consider how to re-establish contact; and

(b)take reasonable steps to do so,

and while the child is still a relevant child must continue to take such steps until they succeed.

(12)Subsections (7) to (9) of section 17 apply in relation to support given under this section as they apply in relation to assistance given under that section.

(13)Subsections (4) and (5) of section 22 apply in relation to any decision by a local authority for the purposes of this section as they apply in relation to the decisions referred to in that section.F364]

Definitions used in section 23B 4

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
pathway plan

(1) In this Part, a reference to a “pathway plan” is to a plan setting out—

(a)in the case of a plan prepared under paragraph 19B of Schedule 2—

(i)the advice, assistance and support which the local authority intend to provide a child under this Part, both while they are looking after him and later; and

(ii)when they might cease to look after him;

(aa)in the case of a plan prepared under section 23CZB, the advice and support that the local authority intend to provide; and

(b)in the case of a plan prepared under section 23B or 23CA , the advice, assistance and support which the local authority intend to provide under this Part,

Defined in s.23E(1) · see it in the full Act
prescribed

“prescribed” means prescribed by regulations made under this Act;

Defined in s.105(1) · see it in the full Act

Cases considering section 23B 14

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

[2008] UKHL 14 · 27 February 2008Defines

The section requires support for a relevant child, including contact, advice, assessment, planning, maintenance and suitable accommodation, unless the statutory welfare qualification applies.

C v A Local Authority

[2011] EWHC 1539 (Admin) · 30 March 2011

Applies the duty to appoint an independent personal adviser for an eligible child. The court noted that there was no evidence C had ever been provided with one. (see paras [33], [50]) Applies the statutory duties to assess an eligible child’s needs and prepare a pathway plan setting out intended advice, assistance and support. The authority’s failure to provide a sufficiently detailed plan was conceded. (see paras [32], [50])

W, R (on the application of) v Essex County Council

[2003] EWHC 3175 (Admin) · 19 December 2003Interprets

The court identified the duties owed to a relevant child, including contact, a personal adviser, a needs assessment, a pathway plan and suitable accommodation where welfare required it. It held that accommodation under section 23B did not count as being looked after for the statutory definition. (see paras [13], [18]-[19]) The court referred to the duty to assess a relevant child’s needs and prepare a pathway plan. W’s authority had wrongly failed to assess him under the relevant-child provisions. (see paras [13], [29]) The court referred to the duty to safeguard and promote a relevant child’s welfare and, unless welfare did not require it, to support him with maintenance and suitable accommodation. (see para [13])

What each judgment says about section 23B is in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F364Ss. 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. F365S. 23B(4)-(7) repealed (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 22(1), 44, Sch. 4; S.I. 2010/2981, art. 4(g)(l); S.I. 2012/1553, art. 2(a)(e)
  3. F366Words in s. 23B(10) 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), 75