Children Act 1989, section 24B

Employment, education and training

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

(1)The relevant local authority may give assistance to any person who qualifies for advice and assistance by virtue of [F418 section 24(1A) orF418] section 24(2)(a) by contributing to expenses incurred by him in living near the place where he is, or will be, employed or seeking employment.

(2)The relevant local authority may give assistance to a person to whom subsection (3) applies by—

(a)contributing to expenses incurred by the person in question in living near the place where he is, or will be, receiving education or training; or

(b)making a grant to enable him to meet expenses connected with his education or training.

(3)This subsection applies to any person who—

(a)is under [F419 twenty-fiveF419] ; and

(b)qualifies for advice and assistance by virtue of [F418 section 24(1A) orF418] section 24(2)(a), or would have done so if he were under twenty-one.

(4)Where a local authority are assisting a person under subsection (2) they may disregard any interruption in his attendance on the course if he resumes it as soon as is reasonably practicable.

(5)Where the local authority are satisfied that a person to whom subsection (3) applies who is in full-time further or higher education needs accommodation during a vacation because his term-time accommodation is not available to him then, they shall give him assistance by—

(a)providing him with suitable accommodation during the vacation; or

(b)paying him enough to enable him to secure such accommodation himself.

(6) The [F420 Secretary of State F420] may prescribe the meaning of “full-time”, “further education”, “higher education” and “vacation” for the purposes of subsection (5). F417]

Definitions used in section 24B 1

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

Cases considering section 24B 20

Kebede & Anor, R (on the application of) v Newcastle City Council

[2013] EWCA Civ 960 · 31 July 2013Interprets

Interpreted as covering assistance by contributions to living expenses or by a grant for expenses connected with education or training. In conjunction with section 23C(4)(b), the grant duty includes tuition fees. (see paras [13]-[14], [24]) Interpreted to include university tuition fees within expenses connected with education or training, rather than merely books, stationery and other ancillary costs. The refusal based on the narrower construction was quashed. (see paras [13]-[14], [24]) Used to confirm that the statutory assistance would have no practical benefit for former relevant children if it excluded tuition fees, supporting inclusion of the major expense of education. (see para [13])

THE KING (on the application of CVN) v LONDON BOROUGH OF CROYDON

[2023] EWHC 464 (Admin) · 28 February 2023

The court applied the provision permitting assistance with living near education and grants for education expenses. It supported the declaration requiring accommodation and subsistence support for continuing education. (see paras [21], [62], [97]) The court referred to the age limit in explaining that education-related assistance may continue until the twenty-fifth birthday where the statutory conditions are met. (see para [52])

Kebede, R (on the application of) v Newcastle City Council

[2013] EWHC 355 (Admin) · 15 February 2013Interprets

The provision is read with section 23C(4) to identify the kinds of assistance available to former relevant children. In particular, section 24B(2) includes a grant connected with education, which encompasses tuition fees. (see paras [5], [7], [11]-[14]) The provision identifies assistance comprising a contribution towards expenses of living near employment or intended employment. It forms part of the statutory scheme but was not determinative of the tuition-fee issue. (see paras [5], [7]) The provision is interpreted as covering a contribution to expenses incurred in living near education or training and a grant enabling educational expenses to be met. Tuition fees are expenses connected with education in ordinary language. (see paras [7], [11]-[14])

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

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F417Ss. 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. F418Words in s. 24B(1)(3)(b) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 62 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  3. F419Word in s. 24B(3)(a) substituted (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 23(2), 44(4); S.I. 2010/2981, art. 4(h); S.I. 2012/1553, art. 2(b)
  4. F420Words in s. 24B(6) 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), 83

Modifications

  1. C32S. 24B restricted (8.1.2003) by 2002 c. 41, s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.