Children Act 1989, section 24

Persons qualifying for advice and assistance

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

[F398 (1) In this Part “a person qualifying for advice and assistance” means a person to whom subsection (1A) or (1B) applies.

(1A)This subsection applies to a person—

(a)who has reached the age of sixteen but not the age of twenty-one;

(b)with respect to whom a special guardianship order is in force (or, if he has reached the age of eighteen, was in force when he reached that age); and

(c)who was, immediately before the making of that order, looked after by a local authority.

(1B)This subsection applies to a person to whom subsection (1A) does not apply, and who—

(a)is under twenty-one; and

(b)at any time after reaching the age of sixteen but while still a child was, but is no longer, looked after, accommodated or fostered.F398]

(2) In [F399 subsection (1B)(b) F399] , “looked after, accommodated or fostered” means—

(a)looked after by a local authority [F400 (without subsequently being looked after by a local authority in Wales)F400] ;

(b)accommodated by or on behalf of a voluntary organisation;

(c)accommodated in a private children’s home;

(d)accommodated for a consecutive period of at least three months—

(i) by any [F401 Local Health BoardF401] , Special Health Authority F402 ... [F403 or by a local authority in the exercise of education functionsF403] , or

(ii) in any care home or independent hospital or in any accommodation provided [F404 pursuant to arrangements made by the Secretary of State, [F405 NHS EnglandF405] or [F406 an integrated care boardF406] under the National Health Service Act 2006 orF404] by a National Health Service trust [F407 or an NHS foundation trustF407] [F408 , or by a local authority in Wales in the exercise of education functionsF408] ; or

(e)privately fostered.

(3)Subsection (2)(d) applies even if the period of three months mentioned there began before the child reached the age of sixteen.

(4)In the case of a person qualifying for advice and assistance by virtue of subsection (2)(a), it is the duty of the local authority which last looked after him to take such steps as they think appropriate to contact him at such times as they think appropriate with a view to discharging their functions under sections 24A and 24B.

(5) In each of sections 24A and 24B, the local authority under the duty or having the power mentioned there (“the relevant authority”) is—

[F409 (za)in the case of a person to whom subsection (1A) applies, a local authority determined in accordance with regulations made by the [F410 Secretary of StateF410] ;F409]

(a)in the case of a person qualifying for advice and assistance by virtue of subsection (2)(a), the local authority which last looked after him; or

(b)in the case of any other person qualifying for advice and assistance, the local authority within whose area the person is (if he has asked for help of a kind which can be given under section 24A or 24B).F397]

Definitions used in section 24 15

special guardianship order

“special guardian” and “special guardianship order” have the meaning given by section 14A;

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

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · 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
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
voluntary organisation

“voluntary organisation” means a body (other than a public or local authority) whose activities are not carried on for profit;

Defined in s.105(1) · see it in the full Act
private children’s home

“private children’s home” means a children’s home in respect of which a person is registered under Part II of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 which is not a community home or a voluntary home;

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

“Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 ;

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

“Special Health Authority” means a Special Health Authority established under section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006 , ;

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

“education functions” has the meaning given by section 579(1) of the Education Act 1996 ;

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

“care home”—

(a)

has the same meaning as in the Care Standards Act 2000 in respect of a care home in England; and

(b)

means a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged 18 or over;”

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

“hospital” ... has the same meaning as in the Mental Health Act 1983 , except that it does not include a special hospital within the meaning of that Act;

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

“integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006 ;

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

“health” means physical or mental health.

Defined in s.17(11) · 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
functions

“functions” includes powers and duties;

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

Cases considering section 24 12

Surrey County Council v BC

[2025] EWCA Civ 719 · 11 June 2025

Defines persons qualifying for advice and assistance by reference to having been looked after, accommodated or fostered after reaching 16. The young person did not qualify because the council had not provided accommodation (see paras [67]-[69]; [136]).

Bluett v Suffolk County Council & Ors

[2004] EWCA Civ 1707 · 20 December 2004Limits

Limits the pleaded statutory-duty case by treating section 24 as imposing a general obligation to advise and befriend, while holding that the Act did not create a private-law right of action on the accepted case. The negligence claim therefore had to rest on ordinary common-law principles. (see paras [20]-[25]) Applies the statutory classification by recording that the claimant was a person qualifying for advice and assistance in the later months of 1997. This formed the background to the Council’s obligation to advise and befriend her, but did not itself determine the common-law duty. (see para [20]) Applies the statutory obligation by recording that the Council was obliged to advise and befriend the claimant. The obligation was described as general and was not treated as independently establishing liability for the accident. (see para [20]) Applies the statutory obligation by recording that the Council was obliged to advise and befriend the claimant. The obligation was described as general and was not treated as independently establishing liability for the accident. (see para [20])

CYK, R (on the application of) v Kent County Council

[2026] EWHC 779 (Admin) · 31 March 2026Defines

Defines the category of qualifying young person and requires the relevant authority to take appropriate steps to contact that person. The claimants fell within the category on reaching 18 after having been looked after (see paras [90], [97]-[99]).

What each judgment says about section 24 is in the case-law panel in the full Act.

Amendments and notes

15 notes from legislation.gov.uk

Amendments

  1. F397Ss. 24, 24A, 24B, 24C substituted for s. 24 (1.10.2001) by 2000 c. 35, s. 4(1); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  2. F398S. 24(1)-(1B) substituted (30.12.2005) for s. 24(1) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 60(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  3. F399Words in s. 24(2) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 60(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  4. F400Words in s. 24(2)(a) 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), 81(a)
  5. F401Words in s. 24(2)(d)(i) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 20(2)(b)
  6. F402Words in s. 24(2)(d)(i) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 49(a); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. para. 14)
  7. F403Words in s. 24(2)(d)(i) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(2)
  8. F404Words in s. 24(2)(d)(ii) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 49(b); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. para. 14)
  9. F405Words in s. 24 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  10. F406Words in s. 24(2)(d)(ii) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 29; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  11. F407Words in s. 24(2)(d)(ii) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 34, Sch. 4 para. 76; S.I. 2004/759, art. 2
  12. F408Words in s. 24(2)(d)(ii) 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), 81(b)
  13. F409S. 24(5)(za) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 60(c) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  14. F410Words in s. 24(5)(za) 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), 81(c)

Modifications

  1. C30S. 24(2)(c)(d)(ii) amended (temp. from 1.10.2001) by 2000 c. 35, s. 4(2)(a)(b); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2