Children Act 1989, section 23E

Pathway plans

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

(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;

[F385 (aa)in the case of a plan prepared under section 23CZB, the advice and support that the local authority intend to provide;F385] and

(b)in the case of a plan prepared under section 23B [F386 or 23CAF386] , the advice, assistance and support which the local authority intend to provide under this Part,

and dealing with such other matters (if any) as may be prescribed [F387 in regulations made by the Secretary of StateF387] .

[F388 (1ZA)A local authority may carry out an assessment under section 23CZB(5) of a person's needs at the same time as any assessment of the person's needs is made under section 23CA(3).F388]

[F389 (1A )A local authority may carry out an assessment under section 23B(3) [F390 , 23CZB(5) F390] or 23CA(3) of a person's needs at the same time as any assessment of his needs is made under—

(a)the Chronically Sick and Disabled Persons Act 1970;

(b)Part 4 of the Education Act 1996 [F391 or Part 3 of the Children and Families Act 2014F391] (in the case of an assessment under section 23B(3));

[F392 (ba)Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;F392]

(c)the Disabled Persons (Services, Consultation and Representation) Act 1986; or

(d)any other enactment.

(1B )The [F393 Secretary of StateF393] may by regulations make provision as to assessments for the purposes of section 23B(3) [F394 , 23CZB(5) F394] or 23CA.

(1C )Regulations under subsection (1B) may in particular make provision about—

(a)who is to be consulted in relation to an assessment;

(b)the way in which an assessment is to be carried out, by whom and when;

(c)the recording of the results of an assessment;

(d)the considerations to which a local authority are to have regard in carrying out an assessment.

(1D )A local authority shall keep each pathway plan prepared by them under section 23B [F395 , 23CZB F395] or 23CA under review.F389]

(2)The [F396 Secretary of StateF396] may by regulations make provision about pathway plans and their review.F384]

Definitions used in section 23E 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
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

Cases considering section 23E 5

Cornwall Council, R (on the application of) v Secretary of State for Health & Ors

[2014] EWCA Civ 12 · 18 February 2014Interprets

Section 23E requires a pathway plan for support as care ends and contemplates assessments under other legislation. This structure supported the conclusion that the former-relevant-child duties were transitional, not an exclusive community-care code. (see paras [20]; [56](c))

AAM, R (on the application of) v London Borough of Bromley

[2025] EWHC 1565 (Admin) · 23 June 2025Defines

Defines the statutory pathway-plan framework for eligible, relevant and former relevant children. It did not impose a corresponding free-standing duty to prepare a pathway plan for a qualifying young person under sections 24 and 24A (see paras [72]; [180]-[183]).

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 pathway-plan element of the statutory support scheme. The judgment treats the pathway plan as a possible service within the flexible discretionary response (see paras [15]; [33(iii)]).

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

Amendments and notes

13 notes from legislation.gov.uk

Amendments

  1. F384Ss. 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. F385S. 23E(1)(aa) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(6), 70(2); S.I. 2018/346, reg. 4(c)
  3. F386Words in s. 23E(1)(b) inserted (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 22(4), 44(4); S.I. 2010/2981, art. 4(g); S.I. 2012/1553, art. 2(a)
  4. F387Words in s. 23E(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 80(a)
  5. F388S. 23E(1ZA) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(7), 70(2); S.I. 2018/346, reg. 4(c)
  6. F389S. 23E(1A)-(1D) inserted (1.9.2009 for certain purposes for E., 26.4.2010 for certain purposes for W., 1.4.2011 for E. so far as not already in force, 19.6.2012 for W. so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 22(5), 44; S.I. 2009/2273, art. 2(2)(g); S.I. 2010/1329, art. 2(h); S.I. 2010/2981, art. 4(g) (with art. 6)
  7. F390Word in s. 23E(1A) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(8), 70(2); S.I. 2018/346, reg. 4(c)
  8. F391Words in s. 23E(1A)(a) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 65(2); S.I. 2014/889, art. 7(a)
  9. F392S. 23E(1A)(ba) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 2(2)(b); S.I. 2021/373, art. 8(j)(ii)
  10. F393Words in s. 23E(1B) 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), 80(b)
  11. F394Word in s. 23E(1B) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(9), 70(2); S.I. 2018/346, reg. 4(c)
  12. F395Word in s. 23E(1D) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(10), 70(2); S.I. 2018/346, reg. 4(c)
  13. F396Words in s. 23E(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), 80(c)