Duties to former relevant children CA 1989 s. 23C
Local authority duties to former relevant care leavers, including personal advisers, pathway plans, and support up to age twenty-one or beyond.
Each local authority shall have the duties provided for in this section towards— a person who has been a relevant child for the purposes of section 23A (and would be one if he were under eighteen), and in relation to whom they were the last responsible authority; and a person who was being looked after by them when he attained the age of eighteen, and immediately before ceasing to be looked after was an eligible child, and in this section such a person is referred to as a “ former relevant child ”. It is the duty of the local authority to take reasonable steps— to keep in touch with a former relevant child whether he is within their area or not; and if they lose touch with him, to re-establish contact. It is the duty of the local authority— to continue the appointment of a personal adviser for a former relevant child; and to continue to keep his pathway plan under regular review. It is the duty of the local authority to give a former relevant child— assistance of the kind referred to in section 24B(1), to the extent that his welfare requires it; assistance of the kind referred to in section 24B(2), to the extent that his welfare and his educational or training needs require it; other assistance, to the extent that his welfare requires it. The assistance given under subsection (4)(c) may be in kind or, in exceptional circumstances, in cash. It is the duty of the local authority to pay the relevant amount to a former relevant child who pursues higher education in accordance with a pathway plan prepared for that person. The Secretary of State may by regulations— prescribe the relevant amount for the purposes of subsection (5A); prescribe the meaning of “higher education” for those purposes; make provision as to the payment of the relevant amount; make provision as to the circumstances in which the relevant amount (or any part of it) may be recovered by the local authority from a former relevant child to whom a payment has been made. The duty set out in subsection (5A) is without prejudice to that set out in subsection (4)(b). Subject to subsection (7), the duties set out in subsections (2), (3) and (4) subsist until the former relevant child reaches the age of twenty-one. If the former relevant child’s pathway plan sets out a programme of education or training which extends beyond his twenty-first birthday— the duty set out in subsection (4)(b) continues to subsist for so long as the former relevant child continues to pursue that programme; and the duties set out in subsections (2) and (3) continue to subsist concurrently with that duty. For the purposes of subsection (7)(a) there shall be disregarded any interruption in a former relevant child’s pursuance of a programme of education or training if the local authority are satisfied that he will resume it as soon as is reasonably practicable. Section 24B(5) applies in relation to a person being given assistance under subsection (4)(b) or who is in receipt of a payment under subsection (5A) as it applies in relation to a person to whom section 24B(3) applies. Subsections (7) to (9) of section 17 apply in relation to assistance given under this section as they apply in relation to assistance given under 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 the ongoing duties a local authority owes to a former relevant child—a young person who left care at age eighteen having previously been an eligible or relevant child. The council must take reasonable steps to keep in touch with them and re-establish contact if connection is lost.
The local authority must keep a personal adviser appointed for the care leaver and regularly review their pathway plan. Councils must provide assistance for welfare, education, and training needs, as well as pay a prescribed higher education amount if the young person pursues higher education in accordance with their pathway plan.
These support duties generally continue until the former relevant child reaches age twenty-one. If an agreed programme of education or training extends past twenty-one, the obligation to support that education and maintain advice and pathway planning continues for as long as they pursue that programme.
When it applies
- A nineteen-year-old care leaver requires assistance with living costs and educational support while completing a college course.
- A local authority loses contact with a twenty-year-old former relevant child and must take reasonable steps to re-establish contact.
- A care leaver over eighteen attends university under their pathway plan and requests payment of the higher education support amount.
- A former care leaver past age twenty-one continues an education programme started earlier, requiring ongoing personal adviser support.
What this section does not say
- Determining who qualifies as a relevant child prior to reaching age eighteen (dealt with in ca1989s.23a).
- The specific statutory duties and functions of personal advisers (dealt with in ca1989s.23d).
- Requirements for how pathway plans are originally drafted and structured (dealt with in ca1989s.23e).
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This page reproduces the text of CA 1989 s. 23C 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.