- Latest available (Revised)
- Point in Time (10/03/2014)
- Original (As enacted)
Version Superseded: 01/09/2014
Point in time view as at 10/03/2014.
Children Act 1989, Cross Heading: Personal advisers and pathway plans is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Textual Amendments
F1Ss. 23D, 23E and cross-heading inserted (1.10.2001) by 2000 c. 35, s. 3; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
(1)The [F3appropriate national authority] 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 [F4twenty-five] who are not—
(a)children who are relevant children for the purposes of section 23A;
(b)the young persons referred to in section 23C; or
(c)the children referred to in paragraph 19C of Schedule 2.[F5; or
“(d)persons to whom section 23CA applies.]
(2)Personal advisers appointed under or by virtue of this Part shall (in addition to any other functions) have such functions as the [F6appropriate national authority] prescribes.]
Textual Amendments
F2Ss. 23D, 23E and cross-heading inserted (1.10.2001) by 2000 c. 35, s. 3; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
F3Words in s. 23D(1) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 10
F4Word in s. 23D(1) substituted (1.1.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 23(1)(a), 44; S.I. 2009/3354, art. 3(1); S.I. 2010/1329, art. 2(i)
F5S. 23D(1)(d) and word inserted (1.1.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 23(1)(b), 44; S.I. 2009/3354, art. 3(1); S.I. 2010/1329, art. 2(i)
F6Words in s. 23D(2) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 10
(1) In this Part, a reference to a “ pathway plan ” is to a plan setting out—
(a)in the case of a plan prepared under paragraph 19B of Schedule 2—
(i)the advice, assistance and support which the local authority intend to provide a child under this Part, both while they are looking after him and later; and
(ii)when they might cease to look after him; and
(b)in the case of a plan prepared under section 23B [F8or 23CA] , the advice, assistance and support which the local authority intend to provide under this Part,
and dealing with such other matters (if any) as may be prescribed.
[F9(1A )A local authority may carry out an assessment under section 23B(3) or 23CA(3) of a person's needs at the same time as any assessment of his needs is made under—
(a)the Chronically Sick and Disabled Persons Act 1970;
(b)Part 4 of the Education Act 1996 (in the case of an assessment under section 23B(3));
(c)the Disabled Persons (Services, Consultation and Representation) Act 1986; or
(d)any other enactment.
(1B )The appropriate national authority may by regulations make provision as to assessments for the purposes of section 23B(3) or 23CA.
(1C )Regulations under subsection (1B) may in particular make provision about—
(a)who is to be consulted in relation to an assessment;
(b)the way in which an assessment is to be carried out, by whom and when;
(c)the recording of the results of an assessment;
(d)the considerations to which a local authority are to have regard in carrying out an assessment.
(1D )A local authority shall keep each pathway plan prepared by them under section 23B or 23CA under review.]
(2)The [F10appropriate national authority] may by regulations make provision about pathway plans and their review.]
Textual Amendments
F7Ss. 23D, 23E and cross-heading inserted (1.10.2001) by 2000 c. 35, s. 3; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
F8Words in s. 23E(1)(b) inserted (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 22(4), 44(4); S.I. 2010/2981, art. 4(g); S.I. 2012/1553, art. 2(a)
F9S. 23E(1A)-(1D) inserted (1.9.2009 for certain purposes for E., 26.4.2010 for certain purposes for W., 1.4.2011 for E. so far as not already in force, 19.6.2012 for W. so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 22(5), 44; S.I. 2009/2273, art. 2(2)(g); S.I. 2010/1329, art. 2(h); S.I. 2010/2981, art. 4(g) (with art. 6)
F10Words in s. 23E(2) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 11
[F12(1) In this Part “ a person qualifying for advice and assistance ” means a person to whom subsection (1A) or (1B) applies.
(1A)This subsection applies to a person—
(a)who has reached the age of sixteen but not the age of twenty-one;
(b)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
(c)who was, immediately before the making of that order, looked after by a local authority.
(1B)This subsection applies to a person to whom subsection (1A) does not apply, and who—
(a)is under twenty-one; and
(b)at any time after reaching the age of sixteen but while still a child was, but is no longer, looked after, accommodated or fostered.]
(2) In [F13subsection (1B)(b)] , “ looked after, accommodated or fostered ” means—
(a)looked after by a local authority;
(b)accommodated by or on behalf of a voluntary organisation;
( c )accommodated in a private children’s home;
(d)accommodated for a consecutive period of at least three months—
(i) by any [F14Local Health Board] , Special Health Authority F15... [F16or by a local authority in the exercise of education functions] , or
( ii ) in any care home or independent hospital or in any accommodation provided [F17pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or] by a National Health Service trust [F18or an NHS foundation trust]; or
(e)privately fostered.
(3)Subsection (2)(d) applies even if the period of three months mentioned there began before the child reached the age of sixteen.
(4)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.
(5) In each of sections 24A and 24B, the local authority under the duty or having the power mentioned there (“ the relevant authority ”) is—
[F19(za)in the case of a person to whom subsection (1A) applies, a local authority determined in accordance with regulations made by the [F20appropriate national authority];]
(a)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
(b)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).]
Textual Amendments
F11Ss. 24, 24A, 24B, 24C substituted for s. 24 (1.10.2001) by 2000 c. 35, s. 4(1); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
F12S. 24(1)-(1B) substituted (30.12.2005) for s. 24(1) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 60(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F13Words in s. 24(2) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 60(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F14Words in s. 24(2)(d)(i) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 20(2)(b)
F15Words in s. 24(2)(d)(i) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 49(a); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. para. 14)
F16Words in s. 24(2)(d)(i) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(2)
F17Words in s. 24(2)(d)(ii) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 49(b); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. para. 14)
F18Words in s. 24(2)(d)(ii) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 34, Sch. 4 para. 76; S.I. 2004/759, art. 2
F19S. 24(5)(za) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 60(c) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F20Words in s. 24(5)(za) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 12
Modifications etc. (not altering text)
C1S. 24(2)(c)(d)(ii) amended (temp. from 1.10.2001) by 2000 c. 35, s. 4(2)(a)(b); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
(1)The relevant authority shall consider whether the conditions in subsection (2) are satisfied in relation to a person qualifying for advice and assistance.
(2)The conditions are that—
(a)he needs help of a kind which they can give under this section or section 24B; and
(b)in the case of a person [F22to whom section 24(1A) applies, or to whom section 24(1B) applies and ] who was not being looked after by any local authority, they are satisfied that the person by whom he was being looked after does not have the necessary facilities for advising or befriending him.
(3)If the conditions are satisfied—
(a)they shall advise and befriend him if [F23he is a person to whom section 24(1A) applies, or he is a person to whom section 24(1B) applies and] he was being looked after by a local authority or was accommodated by or on behalf of a voluntary organisation; and
(b)in any other case they may do so.
(4)Where as a result of this section a local authority are under a duty, or are empowered, to advise and befriend a person, they may also give him assistance.
(5)The assistance may be in kind [F24and, in exceptional circumstances, assistance may be given—
(a)by providing accommodation, if in the circumstances assistance may not be given in respect of the accommodation under section 24B, or
(b)in cash].
(6)Subsections (7) to (9) of section 17 apply in relation to assistance given under this section or section 24B as they apply in relation to assistance given under that section.]
Textual Amendments
F21Ss. 24, 24A, 24B, 24C substituted for s. 24 (1.10.2001) by 2000 c. 35, s. 4(1); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
F22Words in s. 24A(2)(b) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 61(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F23Words in s. 24A(3)(a) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 61(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F24Words in s. 24A(5) substituted (7.11.2002) by 2002 c. 38, ss. 116(3), 148 (with Sch. 4 paras. 6-8)
Modifications etc. (not altering text)
C2S. 24A restricted (8.1.2002) by 2002 c. 41, s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.
(1)The relevant local authority may give assistance to any person who qualifies for advice and assistance by virtue of [F26section 24(1A) or] section 24(2)(a) by contributing to expenses incurred by him in living near the place where he is, or will be, employed or seeking employment.
(2)The relevant local authority may give assistance to a person to whom subsection (3) applies by—
(a)contributing to expenses incurred by the person in question in living near the place where he is, or will be, receiving education or training; or
(b)making a grant to enable him to meet expenses connected with his education or training.
(3)This subsection applies to any person who—
(a)is under [F27twenty-five] ; and
(b)qualifies for advice and assistance by virtue of [F26section 24(1A) or] section 24(2)(a), or would have done so if he were under twenty-one.
(4)Where a local authority are assisting a person under subsection (2) they may disregard any interruption in his attendance on the course if he resumes it as soon as is reasonably practicable.
(5)Where the local authority are satisfied that a person to whom subsection (3) applies who is in full-time further or higher education needs accommodation during a vacation because his term-time accommodation is not available to him then, they shall give him assistance by—
(a)providing him with suitable accommodation during the vacation; or
(b)paying him enough to enable him to secure such accommodation himself.
(6) The [F28 appropriate national authority ] may prescribe the meaning of “ full-time ”, “ further education ”, “ higher education ” and “ vacation ” for the purposes of subsection (5). ]
Textual Amendments
F25Ss. 24, 24A, 24B, 24C substituted for s. 24 (1.10.2001) by 2000 c. 35, s. 4(1); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
F26Words in s. 24B(1)(3)(b) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 62 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F27Word in s. 24B(3)(a) substituted (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 23(2), 44(4); S.I. 2010/2981, art. 4(h); S.I. 2012/1553, art. 2(b)
F28Words in s. 24B(6) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 13
Modifications etc. (not altering text)
C3S. 24B restricted (8.1.2003) by 2002 c. 41, s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.
(1)Where it appears to a local authority that a person—
(a)with whom they are under a duty to keep in touch under section 23B, 23C or 24; or
(b)whom they have been advising and befriending under section 24A; or
(c)to whom they have been giving assistance under section 24B,
proposes to live, or is living, in the area of another local authority, they must inform that other authority.
(2)Where a child who is accommodated—
( a )by a voluntary organisation or in a private children’s home;
(b)by any [F30Local Health Board][F31or Special Health Authority] [F32 or by a local authority in the exercise of education functions]; or
( c ) in any care home or independent hospital or any accommodation provided [F33 pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or ] by a National Health Service trust [F34 or an NHS foundation trust ] ,
ceases to be so accommodated, after reaching the age of sixteen, the organisation, authority or (as the case may be) person carrying on the home shall inform the local authority within whose area the child proposes to live.
(3)Subsection (2) only applies, by virtue of paragraph (b) or (c), if the accommodation has been provided for a consecutive period of at least three months.
[F35(4)In a case where a child was accommodated by a local authority in the exercise of education functions, subsection (2) applies only if the local authority who accommodated the child are different from the local authority within whose area the child proposes to live.]]
Textual Amendments
F29 Ss. 24, 24A, 24B, 24C substituted for s. 24 (1.10.2001) by 2000 c. 35 , s. 4(1) ; S.I. 2001/2191 , art. 2 ; S.I. 2001/2878 , art. 2
F30Words in s. 24C(2)(b) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 20(2)(c)
F31Words in s. 24C(2)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 50(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F32Words in s. 24C(2)(b) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(3)(a)
F33Words in s. 24C(2)(c) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 50(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F34Words in s. 24C(2)(c) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 34, Sch. 4 para. 77; S.I. 2004/759, art. 2
F35S. 24C(4) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(3)(b)
Modifications etc. (not altering text)
C4S. 24C(2)(a)(c) amended (temp. from 1.10.2001) by 2000 c. 35, s. 4(2)(a)(b); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
(1)Every local authority shall establish a procedure for considering representations (including complaints) made to them by—
(a)a relevant child for the purposes of section 23A or a young person falling within section 23C;
(b)a person qualifying for advice and assistance; or
(c)a person falling within section 24B(2),
about the discharge of their functions under this Part in relation to him.
[F37(1A)Regulations may be made by the [F38appropriate national authority] imposing time limits on the making of representations under subsection (1).]
(2)In considering representations under subsection (1), a local authority shall comply with regulations (if any) made by the [F39appropriate national authority] for the purposes of this subsection.]
Textual Amendments
F36S. 24D inserted (1.10.2001) by 2000 c. 35, s. 5; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
F37S. 24D(1A) inserted (7.12.2004) by 2002 c. 38, ss. 117(1), 148 (with Sch. 4 paras. 6-8); S.I. 2004/3203, art. 2(m)(xi)
F38Words in s. 24D(1A) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 14
F39Words in s. 24D(2) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 14
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: