Children Act 1989, section 23C

Continuing functions in respect of former relevant children

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

(1)Each local authority shall have the duties provided for in this section towards—

(a)a person who has been a relevant child for the purposes of section 23A (and would be one if he were under eighteen), and in relation to whom they were the last responsible authority; and

(b)a person who was being looked after by them when he attained the age of eighteen, and immediately before ceasing to be looked after was an eligible child,

and in this section such a person is referred to as a “former relevant child”.

(2)It is the duty of the local authority to take reasonable steps—

(a)to keep in touch with a former relevant child whether he is within their area or not; and

(b)if they lose touch with him, to re-establish contact.

(3)It is the duty of the local authority—

(a)to continue the appointment of a personal adviser for a former relevant child; and

(b)to continue to keep his pathway plan under regular review.

(4)It is the duty of the local authority to give a former relevant child—

(a)assistance of the kind referred to in section 24B(1), to the extent that his welfare requires it;

(b)assistance of the kind referred to in section 24B(2), to the extent that his welfare and his educational or training needs require it;

(c)other assistance, to the extent that his welfare requires it.

(5)The assistance given under subsection (4)(c) may be in kind or, in exceptional circumstances, in cash.

[F368 (5A)It is the duty of the local authority to pay the relevant amount to a former relevant child who pursues higher education in accordance with a pathway plan prepared for that person.

(5B)The [F369 Secretary of StateF369] may by regulations—

(a)prescribe the relevant amount for the purposes of subsection (5A);

(b) prescribe the meaning of “higher education” for those purposes;

(c)make provision as to the payment of the relevant amount;

(d)make provision as to the circumstances in which the relevant amount (or any part of it) may be recovered by the local authority from a former relevant child to whom a payment has been made.

(5C)The duty set out in subsection (5A) is without prejudice to that set out in subsection (4)(b).F368]

(6)Subject to subsection (7), the duties set out in subsections (2), (3) and (4) subsist until the former relevant child reaches the age of twenty-one.

(7)If the former relevant child’s pathway plan sets out a programme of education or training which extends beyond his twenty-first birthday—

(a)the duty set out in subsection (4)(b) continues to subsist for so long as the former relevant child continues to pursue that programme; and

(b)the duties set out in subsections (2) and (3) continue to subsist concurrently with that duty.

(8)For the purposes of subsection (7)(a) there shall be disregarded any interruption in a former relevant child’s pursuance of a programme of education or training if the local authority are satisfied that he will resume it as soon as is reasonably practicable.

(9)Section 24B(5) applies in relation to a person being given assistance under subsection (4)(b) [F370 or who is in receipt of a payment under subsection (5A)F370] as it applies in relation to a person to whom section 24B(3) applies.

(10)Subsections (7) to (9) of section 17 apply in relation to assistance given under this section as they apply in relation to assistance given under that section.F367]

Definitions used in section 23C 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
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
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

Cases considering section 23C 59

R v Secretary of State for Health

[2015] UKSC 46 · 8 July 2015Limits

The broad power to provide post-majority assistance is transitional. It eases movement towards the adult regime but does not supplant the substantive basis for long-term care and accommodation (see paras [29]-[30]). Cited only. Cited only.

R (on the application of G) (FC) (Appellant) v London Borough of Southwark (Respondents)

[2009] UKHL 26 · 20 May 2009Defines

Cited only. Because the appellant had been accommodated under section 20 and later turned 18, he became a former relevant child within section 23C(1). (see paras [16]; [36])

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

[2008] UKHL 14 · 27 February 2008

The claimant sought the continuing support available to a former relevant child after turning 18. The claim failed because housing accommodation had not made her a looked-after or eligible child.

39 more judgments, and what each says about section 23C, are in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F367Ss. 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. F368S. 23C(5A)-(5C) inserted (12.2.2009 for certain purposes for E. , 22.8.2009 otherwise for E., 26.4.2010 for certain purposes for W., 18.3.2011 otherwise for W.) by Children and Young Persons Act 2008 (c. 23), ss. 21(2), 44; S.I. 2009/268, art. 3(1)(d); S.I. 2009/2273, art. 2(1); S.I. 2010/1329, art. 2(g); S.I. 2011/824, art. 2(b)
  3. F369Words in s. 23C(5B) 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), 76
  4. F370Words in s. 23C(9) inserted (22.8.2009 for E., 18.3.2011 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 21(3), 44; S.I. 2009/2273, art. 2(1); S.I. 2011/824, art. 2(a)

Modifications

  1. C29S. 23C restricted (8.1.2003) by 2002 c. 41, s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.