Children Act 1989, section 23D

Personal advisers

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

(1)The [F379 Secretary of StateF379] may by regulations require local authorities to appoint a personal adviser for children or young persons of a prescribed description who have reached the age of sixteen but not the age of [F380 twenty-fiveF380] who are not—

(a)children who are relevant children for the purposes of section 23A;

(b)the young persons referred to in section 23C; or

(c)the children referred to in paragraph 19C of Schedule 2.[F381 ; or

“(d)persons to whom section 23CA applies.F381]

(2)Personal advisers appointed under or by virtue of this Part shall (in addition to any other functions) have such functions as the [F382 Secretary of StateF382] prescribes.F378]

[F383 (3)Where a local authority in England ceases to be under a duty to provide a personal adviser for a person under any provision of this Part, that does not affect any other duty under this Part to provide a personal adviser for the person.

(4)Where a local authority in England has more than one duty under this Part to provide a personal adviser for a person, each duty is discharged by the provision of the same personal adviser (the local authority are not required to provide more than one personal adviser for the person).F383]

Definitions used in section 23D 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
prescribed

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

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

“functions” includes powers and duties;

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

Cases considering section 23D 4

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 a personal adviser as one of the core components of former relevant child support. The judgment uses that component when considering the flexibility and practical scope of the discretionary power (see para [15]).

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

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

Section 23D was identified as part of the leaving-care provisions supporting the duties owed to a former relevant child (see para [35]).

Deeming, R (on the application of) v Birmingham City Council

[2006] EWHC 3719 (Admin) · 2 November 2006

The court identifies section 23D as requiring the provision of a personal adviser. The appointment issue was considered against the adviser’s statutory functions and the surrounding guidance (see paras [3], [17]–[25]).

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

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F378Ss. 23D, 23E and cross-heading inserted (1.10.2001) by 2000 c. 35, s. 3; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  2. F379Words in s. 23D(1) 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), 79(a)
  3. F380Word in s. 23D(1) substituted (1.1.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 23(1)(a), 44; S.I. 2009/3354, art. 3(1); S.I. 2010/1329, art. 2(i)
  4. F381S. 23D(1)(d) and word inserted (1.1.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 23(1)(b), 44; S.I. 2009/3354, art. 3(1); S.I. 2010/1329, art. 2(i)
  5. F382Words in s. 23D(2) 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), 79(b)
  6. F383S. 23D(3)(4) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(4), 70(2); S.I. 2018/346, reg. 4(c)