LA duties to relevant children CA 1989 s. 23B
Local authorities must stay in touch with relevant children, appoint a personal adviser, make a pathway plan, and provide suitable accommodation and support.
It is the duty of each local authority to take reasonable steps to keep in touch with a relevant child for whom they are the responsible authority, whether he is within their area or not. It is the duty of each local authority to appoint a personal adviser for each relevant child (if they have not already done so under paragraph 19C of Schedule 2). It is the duty of each local authority, in relation to any relevant child who does not already have a pathway plan prepared for the purposes of paragraph 19B of Schedule 2— to carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for them to provide him under this Part; and to prepare a pathway plan for him. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The responsible local authority shall safeguard and promote the child’s welfare and, unless they are satisfied that his welfare does not require it, support him by— maintaining him; providing him with or maintaining him in suitable accommodation; and providing support of such other descriptions as may be prescribed. Support under subsection (8) may be in cash. The Secretary of State may by regulations make provision about the meaning of “ suitable accommodation ” and in particular about the suitability of landlords or other providers of accommodation. If the local authority have lost touch with a relevant child, despite taking reasonable steps to keep in touch, they must without delay— consider how to re-establish contact; and take reasonable steps to do so, and while the child is still a relevant child must continue to take such steps until they succeed. Subsections (7) to (9) of section 17 apply in relation to support given under this section as they apply in relation to assistance given under that section. Subsections (4) and (5) of section 22 apply in relation to any decision by a local authority for the purposes of this section as they apply in relation to the decisions referred to in that section.
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 sets out specific duties owed by a responsible local authority to a relevant child. The authority must take reasonable steps to stay in touch with the child, regardless of whether the child lives inside or outside its administrative area. It must appoint a personal adviser and carry out a needs assessment to prepare a pathway plan, unless these requirements were already met under Schedule 2.
The local authority is required to safeguard and promote the welfare of the relevant child. Unless satisfied that welfare does not require it, the authority must support the child by maintaining them, securing or maintaining suitable accommodation, and offering prescribed support. Cash payments may be used to provide support under subsection (8).
If the local authority loses touch with a relevant child despite reasonable efforts, it must act without delay to figure out how to re-establish contact. It must continue taking reasonable steps to reconnect for as long as the person remains a relevant child.
When it applies
- A relevant child who moves to a different area and needs their responsible local authority to stay in contact and provide maintenance.
- A relevant child who has not received a needs assessment, pathway plan, or assigned personal adviser.
- A relevant child requesting suitable accommodation or maintenance support directly in cash from the local authority.
- A local authority losing contact with a relevant child and needing to take immediate steps to trace them and re-establish communication.
What this section does not say
- Duties owed to former relevant children who have reached adulthood, which are governed by section 23C.
- Accommodation arrangements for children who are currently looked after in care, which fall under section 22A and section 22C.
- General functions and provision of personal advisers, which are detailed under section 23D.
Related sections
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This page reproduces the text of CA 1989 s. 23B 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.