CA 1989 s. 23A: Responsible authority & relevant child
Relevant child = aged 16/17, not looked after, previously eligible. Responsible authority = last local authority. Secretary of State may add categories.
The responsible local authority shall have the functions set out in section 23B in respect of a relevant child. In subsection (1) “ relevant child ” means (subject to subsection (3 a child who— is not being looked after by any local authority in England or by any local authority in Wales ; was, before last ceasing to be looked after, an eligible child for the purposes of paragraph 19B of Schedule 2; and is aged sixteen or seventeen. The Secretary of State may prescribe— additional categories of relevant children; and categories of children who are not to be relevant children despite falling within subsection (2). In subsection (1) the “ responsible local authority ” is the one which last looked after the child. If under subsection (3)(a) the Secretary of State prescribes a category of relevant children which includes children who do not fall within subsection (2)(b) (for example, because they were being looked after by a local authority in Scotland), the Secretary of State may in the regulations also provide for which local authority is to be the responsible local authority for those children.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section of the Children Act 1989 identifies which local authority has extra responsibilities for certain care leavers aged 16 or 17 under section 23B.
A 'relevant child' is a young person aged 16 or 17 who is not currently being looked after by any council in England or Wales, but who was an 'eligible child' (under paragraph 19B of Schedule 2) just before they stopped being looked after. The 'responsible local authority' is the council that last looked after that child.
The Secretary of State can make regulations to add extra categories of relevant children (for example, children looked after in Scotland) and also to decide which council is responsible for them.
When it applies
- A 17-year-old who left care at 16 and now needs help with education or training, and the council that last looked after her says they are responsible.
- A 16-year-old who was in a children's home for two years, then returned to live with parents, and the council that last looked after him has duties under section 23B.
- A young person who was looked after by a council in England, then moved to Wales and stopped being looked after – the English council remains the responsible authority.
- A 16-year-old who was in care for only a few months and never met the 'eligible child' criteria – this section does not apply to them.
What this section does not say
- This section does not itself give any specific financial or housing support – that is covered by section 23B.
- It does not apply to children under 16 or over 17.
- It does not make the council where the young person currently lives responsible – only the council that last looked after them is responsible.
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This page reproduces the text of CA 1989 s. 23A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.