Children Act 1989, section 23CA

Further assistance to pursue education or training

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

(1)This section applies to a person if—

(a)he is under the age of twenty-five or of such lesser age as may be prescribed by the [F375 Secretary of StateF375] ;

(b)he is a former relevant child (within the meaning of section 23C) towards whom the duties imposed by subsections (2), (3) and (4) of that section no longer subsist; and

(c)he has informed the responsible local authority that he is pursuing, or wishes to pursue, a programme of education or training.

[F376 (2)It is the duty of the responsible local authority to provide a personal adviser for a person to whom this section applies.F376]

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

(a)to carry out an assessment of the needs of a person to whom this section applies with a view to determining what assistance (if any) it would be appropriate for them to provide to him under this section; and

(b)to prepare a pathway plan for him.

(4)It is the duty of the responsible local authority to give assistance of a kind referred to subsection (5) to a person to whom this section applies to the extent that his educational or training needs require it.

(5)The kinds of assistance are—

(a)contributing to expenses incurred by him in living near the place where he is, or will be, receiving education or training; or

(b)making a grant to enable him to meet expenses connected with his education and training.

(6)If a person to whom this section applies pursues a programme of education or training in accordance with the pathway plan prepared for him, the duties of the local authority under this section (and under any provision applicable to the pathway plan prepared under this section for that person) subsist for as long as he continues to pursue that programme.

(7)For the purposes of subsection (6), the local authority may disregard any interruption in the person's pursuance of a programme of education or training if they are satisfied that he will resume it as soon as is reasonably practicable.

(8) Subsections (7) to (9) of section 17 apply to assistance given to a person under this section as they apply to assistance given to or in respect of a child under that section, but with the omission in subsection (8) of the words “and of each of his parents”.

(9)Subsection (5) of section 24B applies to a person to whom this section applies as it applies to a person to whom subsection (3) of that section applies.

(10)Nothing in this section affects the duty imposed by subsection (5A) of section 23C to the extent that it subsists in relation to a person to whom this section applies; but the duty to make a payment under that subsection may be taken into account in the assessment of the person's needs under subsection (3)(a).

(11) In this section “the responsible local authority” means, in relation to a person to whom this section applies, the local authority which had the duties provided for in section 23C towards him. F374]

Definitions used in section 23CA 4

prescribed

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

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
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

Cases considering section 23CA 3

DK R, (on the application of) v London Borough of Croydon

[2023] EWHC 1833 (Admin) · 19 July 2023

Applies the duties concerning personal advisers, needs assessments, pathway plans and assistance for former relevant children pursuing or wishing to pursue education or training. (see paras [39]; [49]; [58])

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

[2011] EWCA Civ 526 · 6 May 2011

The court noted that former relevant child status might engage further duties under this newly commenced provision, but left future relevance for agreement or enquiry between the parties. (see paras [18]; [30])

HP, R (on the application of) v The Mayor and Burgesses of the Royal Borough of Greenwich

[2023] EWHC 744 (Admin) · 31 March 2023Defines

Identifies further assistance for a former relevant child under 25 pursuing education or training. The provision illustrates the support needs and services relevant to the discretionary power (see para [15]).

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

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F374S. 23CA inserted (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 22(2), 44; S.I. 2010/2981, art. 4(g) (with art. 6); S.I. 2012/1553, art. 2(a) (with art. 3
  2. F375Words in s. 23CA(1)(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), 78
  3. F376S. 23CA(2) substituted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(3), 70(2); S.I. 2018/346, reg. 4(c)