Part 1Children’s Commissioner

F29Commissioner's functions in relation to certain young people

1

This section applies for the purposes of this Part, other than sections 2A and 8A (and references in this Part to a child who is within section 8A).

2

For the purposes of the Children's Commissioner's functions in respect of children in England, a reference to a child includes, in addition to a person under the age of 18—

a

a person aged 18 or over for whom an EHC plan is maintained by a local authority,

b

a person aged 18 or over and under 25 to whom a local authority in England has provided services under any of sections 23C to 24D of the Children Act 1989 at any time after reaching the age of 16, or

c

a person aged 18 or over and under 25 who has been looked after by a local authority (in Wales, Scotland or Northern Ireland) at any time after reaching the age of 16.

3

For the purposes of the Children's Commissioner's functions in respect of children in Wales, Scotland and Northern Ireland, a reference to a child includes, in addition to a person under the age of 18, a person aged 18 or over and under 25—

a

who has a learning disability,

b

who has been looked after by a local authority (in Wales, Scotland or Northern Ireland) at any time after reaching the age of 16, or

c

to whom a local authority in England has provided services under any of sections 23C to 24D of the Children Act 1989 at any time after reaching the age of 16.

4

For the purposes of this section—

  • “ EHC plan ” means a plan within section 37(2) of the Children and Families Act 2014 (education, health and care plans);

  • “ learning disability ” means a state of arrested or incomplete development of mind which induces significant impairment of intelligence and social functioning;

  • a person is “looked after by a local authority” if—

    1. a

      for the purposes of the F1Social Services and Well-being (Wales) Act 2014, he or she is looked after by a local authority in Wales;

    2. b

      for the purposes of the Children (Scotland) Act 1995, he or she is looked after by a local authority in Scotland;

    3. c

      for the purposes of the Children (Northern Ireland) Order 1995, he or she is looked after by an authority in Northern Ireland.