Children Act 1989, section 24A

Advice and assistance

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

(1)The relevant authority shall consider whether the conditions in subsection (2) are satisfied in relation to a person qualifying for advice and assistance.

(2)The conditions are that—

(a)he needs help of a kind which they can give under this section or section 24B; and

(b)in the case of a person [F412 to whom section 24(1A) applies, or to whom section 24(1B) applies and F412] who was not being looked after by any local authority [F413 or local authority in WalesF413] , they are satisfied that the person by whom he was being looked after does not have the necessary facilities for advising or befriending him.

(3)If the conditions are satisfied—

(a)they shall advise and befriend him if [F414 he is a person to whom section 24(1A) applies, or he is a person to whom section 24(1B) applies andF414] he was being looked after by a local authority [F415 (without subsequently being looked after by a local authority in Wales)F415] or was accommodated by or on behalf of a voluntary organisation; and

(b)in any other case they may do so.

(4)Where as a result of this section a local authority are under a duty, or are empowered, to advise and befriend a person, they may also give him assistance.

(5)The assistance may be in kind [F416 and, in exceptional circumstances, assistance may be given—

(a)by providing accommodation, if in the circumstances assistance may not be given in respect of the accommodation under section 24B, or

(b)in cashF416] .

(6)Subsections (7) to (9) of section 17 apply in relation to assistance given under this section or section 24B as they apply in relation to assistance given under that section.F411]

Definitions used in section 24A 4

the relevant authority

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

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

(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).

Defined in s.24(5) · see it in the full Act
a person qualifying for advice and assistance

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

Defined in s.24(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
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

Cases considering section 24A 4

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

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

Requires the local authority to consider whether a qualifying young person needs help and governs advice, assistance and the exceptional accommodation or cash power. The court held that no formal assessment is necessarily required by the section itself, but reasonable inquiry is required (see paras [99]-[101]). Confers a discretionary power to provide accommodation or financial assistance in exceptional circumstances. The availability of asylum support may be ignored where, on the particular facts and without taking that support into account, the Council would be required to exercise the power; otherwise it may be considered (see paras [189]-[204]; [231]-[236]).

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

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

Applies: Section 24A requires consideration of whether a qualifying young person needs help which the authority can provide and requires advice and befriending where the statutory conditions are met. Applies: Where the authority is under a duty or has power to advise and befriend, it may also provide assistance. The judgment treated accommodation as capable of being provided through the exceptional-circumstances mechanism in subsection (5). Interprets: Exceptional circumstances have their ordinary meaning. When deciding whether they exist, a local authority must disregard NASS accommodation being provided, or potentially provided, under Immigration and Asylum Act 1999 s 95. The Council’s contrary approach was unlawful (see paras [99]-[103]; [129]-[142]). Applies: The provision permits accommodation in exceptional circumstances where accommodation assistance cannot be given under section 24B. A local authority must not treat NASS accommodation as removing the exceptional circumstances or as an alternative source of accommodation for this purpose (see paras [103]; [138]-[142]).

M v London Borough of Islington & Anor

[2004] EWCA Civ 235 · 2 April 2004Defines

The court identified this as a Children Act provision capable of supporting an adult formerly in care and therefore within Schedule 3 paragraph 1(1)(g). (see para [16])

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

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F411Ss. 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. F412Words in s. 24A(2)(b) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 61(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  3. F413Words in s. 24A(2)(b) 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), 82(a)
  4. F414Words in s. 24A(3)(a) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 61(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  5. F415Words in s. 24A(3)(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), 82(b)
  6. F416Words in s. 24A(5) substituted (7.11.2002) by 2002 c. 38, ss. 116(3), 148 (with Sch. 4 paras. 6-8)

Modifications

  1. C31S. 24A restricted (8.1.2002) by 2002 c. 41, s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.