Children Act 1989, section 23CZB

England: further advice and support

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

(1)This section applies to a former relevant child if—

(a)he or she has reached the age of 21 but not the age of 25, and

(b)a local authority in England had duties towards him or her under section 23C (whether or not some of those duties continue to subsist by virtue of subsection (7) of that section).

(2)If the former relevant child informs the local authority that he or she wishes to receive advice and support under this section, the local authority has the duties provided for in subsections (3) to (6).

(3)The local authority must provide the former relevant child with a personal adviser until the former relevant child—

(a)reaches the age of 25, or

(b)if earlier, informs the local authority that he or she no longer wants a personal adviser.

(4)The local authority must—

(a)carry out an assessment in relation to the former relevant child under subsection (5), and

(b)prepare a pathway plan for the former relevant child.

(5)An assessment under this subsection is an assessment of the needs of the former relevant child with a view to determining—

(a)whether any services offered by the local authority (under this Act or otherwise) may assist in meeting his or her needs, and

(b)if so, what advice and support it would be appropriate for the local authority to provide for the purpose of helping the former relevant child to obtain those services.

(6)The local authority must provide the former relevant child with advice and support that it would be appropriate to provide as mentioned in subsection (5)(b).

(7)Where a former relevant child to whom this section applies is not receiving advice and support under this section, the local authority must offer such advice and support—

(a)as soon as possible after he or she reaches the age of 21, and

(b)at least once in every 12 months.

(8) In this section “former relevant child” has the meaning given by section 23C(1). F373]

Definitions used in section 23CZB 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
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
service

“service”, in relation to any provision made under Part III, includes any facility;

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

Cases considering section 23CZB 3

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

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

Applies the duty to provide advice, support, a personal adviser and a pathway plan to qualifying former relevant children aged over 21 and under 25, subject to Schedule 3. (see paras [38]; [49]; [58])

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 the support components applicable to a former relevant child aged 21 to 25. The judgment refers to them to show the continuing significance and flexibility of the statutory support scheme (see para [15]).

KI, R (On the Application Of) v London Borough of Brent

[2018] EWHC 1068 (Admin) · 10 May 2018

Section 23CZB was noted as widening the application of local-authority duties to care leavers. No separate issue under the provision was decided (see paras [35], [110]).

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

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F373S. 23CZB inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(2), 70(2); S.I. 2018/346, reg. 4(c)