Personal advisers for care leavers CA 1989 s. 23D
CA 1989 s. 23D allows regulations requiring local authorities to appoint a personal adviser for qualifying young persons aged sixteen to twenty-five.
The Secretary of State may by regulations require local authorities to appoint a personal adviser for children or young persons of a prescribed description who have reached the age of sixteen but not the age of twenty-five who are not— children who are relevant children for the purposes of section 23A; the young persons referred to in section 23C; or the children referred to in paragraph 19C of Schedule 2. ; or “ persons to whom section 23CA applies. Personal advisers appointed under or by virtue of this Part shall (in addition to any other functions) have such functions as the Secretary of State prescribes. Where a local authority in England ceases to be under a duty to provide a personal adviser for a person under any provision of this Part, that does not affect any other duty under this Part to provide a personal adviser for the person. Where a local authority in England has more than one duty under this Part to provide a personal adviser for a person, each duty is discharged by the provision of the same personal adviser (the local authority are not required to provide more than one personal adviser for the person).
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
Section 23D allows regulations to be made that require local authorities to appoint a personal adviser for young people who have reached sixteen but are not yet twenty-five, unless they are already covered as relevant children under section 23A, former relevant children under section 23C, persons under section 23CA, or children under paragraph 19C of Schedule 2.
Personal advisers appointed under this Part carry out duties specified by the Secretary of State. If a council's duty to provide an adviser under one statutory provision ends, any remaining obligation under another provision in this Part continues unaffected.
Where an authority in England has more than one obligation under this Part to appoint a personal adviser for a person, that council satisfies each duty by providing the same individual personal adviser.
When it applies
- A young person aged sixteen asks the local authority to allocate a personal adviser under statutory regulations.
- A young person under twenty-five requests support from their assigned personal adviser when pursuing training.
- A local authority in England allocates one personal adviser to discharge multiple duties owed to a single person.
What this section does not say
- Providing personal advisers to relevant children under section 23A, who are governed by separate provisions.
- Appointing personal advisers for former relevant children under section 23C.
- Requiring a council to assign more than one personal adviser to a person when multiple duties apply.
Related sections
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This page reproduces the text of CA 1989 s. 23D 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.