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Children Act 1989

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Children Act 1989, Section 24 is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F124 Persons qualifying for advice and assistance.E+W

[F2(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.]

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

(a)looked after by a local authority [F4(without subsequently being looked after by a local authority in Wales)];

(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 [F5 Local Health Board], Special Health Authority F6 ... [F7 or by a local authority in the exercise of education functions], or

(ii) in any care home or independent hospital or in any accommodation provided [F8pursuant to arrangements made by the Secretary of State, [F9NHS England] or [F10an integrated care board] under the National Health Service Act 2006 or] by a National Health Service trust [F11or an NHS foundation trust] [F12, 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—

[F13(za)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).]

Textual Amendments

F1Ss. 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

F2S. 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)

F3Words 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)

F5Words 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)

F13S. 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)

Modifications etc. (not altering text)

C1S. 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

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