Advice and assistance eligibility CA 1989 s. 24
CA 1989 s. 24 defines who qualifies for advice and assistance, covering young people aged sixteen to twenty-one who were looked after or fostered.
In this Part “ a person qualifying for advice and assistance ” means a person to whom subsection (1A) or (1B) applies. This subsection applies to a person— who has reached the age of sixteen but not the age of twenty-one; 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 who was, immediately before the making of that order, looked after by a local authority. This subsection applies to a person to whom subsection (1A) does not apply, and who— is under twenty-one; and at any time after reaching the age of sixteen but while still a child was, but is no longer, looked after, accommodated or fostered. In subsection (1B)(b) , “ looked after, accommodated or fostered ” means— looked after by a local authority (without subsequently being looked after by a local authority in Wales) ; accommodated by or on behalf of a voluntary organisation; accommodated in a private children’s home; accommodated for a consecutive period of at least three months— by any Local Health Board , Special Health Authority ... or by a local authority in the exercise of education functions , or in any care home or independent hospital or in any accommodation provided pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006 or by a National Health Service trust or an NHS foundation trust , or by a local authority in Wales in the exercise of education functions ; or privately fostered. Subsection (2)(d) applies even if the period of three months mentioned there began before the child reached the age of sixteen. 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. In each of sections 24A and 24B, the local authority under the duty or having the power mentioned there (“ the relevant authority ”) is— in the case of a person to whom subsection (1A) applies, a local authority determined in accordance with regulations made by the Secretary of State ; 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 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).
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 24 of the Children Act 1989 defines who qualifies for local authority advice and assistance. A person qualifies if they are between the ages of sixteen and twenty-one and meet specific care or accommodation criteria. This includes individuals who had a special guardianship order in force when turning eighteen and were looked after by a local authority immediately before that order was made.
It also applies to other individuals under twenty-one who, at any time after reaching the age of sixteen while still a child, were looked after, accommodated, or fostered. This accommodation can include private children's homes, voluntary organisations, private fostering, or consecutive stays of at least three months in care homes, hospitals, or educational accommodation.
For those who qualify because they were last looked after by a local authority, that authority has a duty to take appropriate steps to contact them to provide support under sections 24A and 24B. Other qualifying individuals receive support from the local authority in whose area they currently reside.
When it applies
- A person under twenty-one who was in local authority care after turning sixteen requests support from the council where they now reside.
- A person subject to a special guardianship order when reaching the age of eighteen seeks guidance from the local authority.
- A young person who spent three consecutive months in a care home after reaching sixteen asks for help finding employment.
- A person under twenty-one who was privately fostered as a child contacts the local authority for assistance.
What this section does not say
- Obtaining direct financial maintenance or accommodation placement duties, which are governed by sections 23B and 23C for relevant and former relevant children.
- Requesting support after reaching twenty-one, which falls outside the scope of section 24 qualifications.
- Children under the age of sixteen who are currently looked after, whose accommodation duties are governed by section 23.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of CA 1989 s. 24 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.