Part IIIF11SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND

Annotations:
Amendments (Textual)

F8 Personal advisers and pathway plans

Annotations:
Amendments (Textual)
F8

Ss. 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

F124 Persons qualifying for advice and assistance.

F21

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.

2

In F3 subsection (1B)(b), “looked after, accommodated or fostered” means—

a

looked after by a local authority F12(without subsequently being looked after by a local authority in Wales);

b

accommodated by or on behalf of a voluntary organisation;

C1c

accommodated in a private children’s home;

d

accommodated for a consecutive period of at least three months—

i

by any F4 Local Health Board, Special Health Authority F9 ... F5 or by a local authority in the exercise of education functions, or

C1ii

in any care home or independent hospital or in any accommodation provided F10pursuant to arrangements made by the Secretary of State, F15NHS England or F16an integrated care board under the National Health Service Act 2006 or by a National Health Service trust F6or an NHS foundation trustF13, or by a local authority in Wales in the exercise of education functions; 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—

F7za

in the case of a person to whom subsection (1A) applies, a local authority determined in accordance with regulations made by the F14Secretary 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).