15 Orders for financial relief with respect to children.
(1) Schedule 1 (which consists primarily of the re-enactment, with consequential amendments and minor modifications, of provisions of section 6 of Family Law Reform Act 1969 the Guardianship of Minors Acts 1971 and 1973, the Children Act 1975 and of sections 15 and 16 of the Family Law Reform Act 1987) makes provision in relation to financial relief for children.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Where, in any family proceedings, the court has power to make an order under this Part with respect to any child, it may (whether or not it makes such an order) make an order requiring—
(a) an officer of the Serviceor a Welsh family proceedings officer to be made available; or
(b) a local authority to make an officer of the authority available,
to advise, assist and (where appropriate) befriend any person named in the order.
(2) The persons who may be named in an order under this section (“a family assistance order”) are—
(a) any parent , guardian or special guardian of the child;
(b) any person with whom the child is living or who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact ;
(c) the child himself.
(3) No court may make a family assistance order unless—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) it has obtained the consent of every person to be named in the order other than the child.
(4) A family assistance order may direct—
(a) the person named in the order; or
(b) such of the persons named in the order as may be specified in the order,
to take such steps as may be so specified with a view to enabling the officer concerned to be kept informed of the address of any person named in the order and to be allowed to visit any such person.
(4A) If the court makes a family assistance order with respect to a child and the order is to be in force at the same time as a contact provision contained in a child arrangements order made with respect to the child, the family assistance order may direct the officer concerned to give advice and assistance as regards establishing, improving and maintaining contact to such of the persons named in the order as may be specified in the order.
(4B) In subsection (4A) “ contact provision ” means provision which regulates arrangements relating to—
(a) with whom a child is to spend time or otherwise have contact, or
(b) when a child is to spend time or otherwise have contact with any person.
(5) Unless it specifies a shorter period, a family assistance order shall have effect for a period of twelve months beginning with the day on which it is made.
(6) If the court makes a family assistance order with respect to a child and the order is to be in force at the same time as a section 8 order made with respect to the child, the family assistance order may direct the officer concerned to report to the court on such matters relating to the section 8 order as the court may require (including the question whether the section 8 order ought to be varied or discharged).
(7) A family assistance order shall not be made so as to require a local authority to make an officer of theirs available unless—
(a) the authority agree; or
(b) the child concerned lives or will live within their area.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This section applies to the following functions of officers of the Service or Welsh family proceedings officers—
(a) any function in connection with family proceedings in which the court has power to make an order under this Part with respect to a child or in which a question with respect to such an order arises;
(b) any function in connection with an order made by the court in such proceedings.
(2) If, in carrying out any function to which this section applies, an officer of the Service or a Welsh family proceedings officer is given cause to suspect that the child concerned is at risk of harm, he must—
(a) make a risk assessment in relation to the child, and
(b) provide the risk assessment to the court.
(3) A risk assessment, in relation to a child who is at risk of suffering harm of a particular sort, is an assessment of the risk of that harm being suffered by the child.
(1) This Part applies in relation to local authorities in England.
(2) Accordingly, unless the contrary intention appears, a reference in this Part to a local authority means a local authority in England.
17 Provision of services for children in need, their families and others.
(1) It shall be the general duty of every local authority (in addition to the other duties imposed on them by this Part)—
(a) to safeguard and promote the welfare of children within their area who are in need; and
(b) so far as is consistent with that duty, to promote the upbringing of such children by their families,
by providing a range and level of services appropriate to those children’s needs.
(2) For the purpose principally of facilitating the discharge of their general duty under this section, every local authority shall have the specific duties and powers set out in Part 1 of Schedule 2.
(3) Any service provided by an authority in the exercise of functions conferred on them by this section may be provided for the family of a particular child in need or for any member of his family, if it is provided with a view to safeguarding or promoting the child’s welfare.
(4) The Secretary of State may by order amend any provision of Part I of Schedule 2 or add any further duty or power to those for the time being mentioned there.
(4A) Before determining what (if any) services to provide for a particular child in need in the exercise of functions conferred on them by this section, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—
(a) ascertain the child’s wishes and feelings regarding the provision of those services; and
(b) give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.
(5) Every local authority—
(a) shall facilitate the provision by others (including in particular voluntary organisations) of services which it is a function of the authority to provide by virtue of this section, or section 18, 20, 22A to 22C, 23B to 23D, 24A or 24B; and
(b) may make such arrangements as they see fit for any person to act on their behalf in the provision of any such service.
(6) The services provided by a local authority in the exercise of functions conferred on them by this section may include providing accommodation and giving assistance in kind or . . . in cash.
(7) Assistance may be unconditional or subject to conditions as to the repayment of the assistance or of its value (in whole or in part).
(8) Before giving any assistance or imposing any conditions, a local authority shall have regard to the means of the child concerned and of each of his parents.
(9) No person shall be liable to make any repayment of assistance or of its value at any time when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support under Part VII of the Social Security Contributions and Benefits Act 1992, of any element of child tax credit other than the family element, of working tax credit , of an income-based jobseeker's allowance or of an income-related employment and support allowance.
(10) For the purposes of this Part a child shall be taken to be in need if—
(a) he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority under this Part;
(b) his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or
(c) he is disabled,
and “family”, in relation to such a child, includes any person who has parental responsibility for the child and any other person with whom he has been living.
(11) For the purposes of this Part, a child is disabled if he is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed; and in this Part—
“development” means physical, intellectual, emotional, social or behavioural development; and
“health” means physical or mental health.
(12) The Treasury may by regulations prescribe circumstances in which a person is to be treated for the purposes of this Part (or for such of those purposes as are prescribed) as in receipt of any element of child tax credit other than the family element or of working tax credit.
(13) The duties imposed on a local authority by virtue of this section do not apply in relation to a child in the authority’s area who is being looked after by a local authority in Wales in accordance with Part 6 of the Social Services and Well-being (Wales) Act 2014.
(1) A local authority ... must assess whether a young carer within their area has needs for support and, if so, what those needs are, if—
(a) it appears to the authority that the young carer may have needs for support, or
(b) the authority receive a request from the young carer or a parent of the young carer to assess the young carer's needs for support.
(2) An assessment under subsection (1) is referred to in this Part as a “young carer's needs assessment”.
(3) In this Part “young carer” means a person under 18 who provides or intends to provide care for another person (but this is qualified by section 17ZB(3)).
(4) Subsection (1) does not apply in relation to a young carer if the local authority have previously carried out a care-related assessment of the young carer in relation to the same person cared for.
(5) But subsection (1) does apply (and so a young carer's needs assessment must be carried out) if it appears to the authority that the needs or circumstances of the young carer or the person cared for have changed since the last care-related assessment.
(6) “Care-related assessment” means—
(a) a young carer's needs assessment;
(b) an assessment under any of the following—
(i) section 1 of the Carers (Recognition and Services) Act 1995;
(ii) section 1 of the Carers and Disabled Children Act 2000;
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iv) Part 1 of the Care Act 2014.
(7) A young carer's needs assessment must include an assessment of whether it is appropriate for the young carer to provide, or continue to provide, care for the person in question, in the light of the young carer's needs for support, other needs and wishes.
(8) A local authority, in carrying out a young carer's needs assessment, must have regard to—
(a) the extent to which the young carer is participating in or wishes to participate in education, training or recreation, and
(b) the extent to which the young carer works or wishes to work.
(9) A local authority, in carrying out a young carer's needs assessment, must involve—
(a) the young carer,
(b) the young carer's parents, and
(c) any person who the young carer or a parent of the young carer requests the authority to involve.
(10) A local authority that have carried out a young carer's needs assessment must give a written record of the assessment to—
(a) the young carer,
(b) the young carer's parents, and
(c) any person to whom the young carer or a parent of the young carer requests the authority to give a copy.
(11) Where the person cared for is under 18, the written record must state whether the local authority consider him or her to be a child in need.
(12) A local authority ... must take reasonable steps to identify the extent to which there are young carers within their area who have needs for support.
17ZB Young carers' needs assessments: supplementary
(1) This section applies for the purposes of section 17ZA.
(2) “ Parent ”, in relation to a young carer, includes—
(a) a parent of the young carer who does not have parental responsibility for the young carer, and
(b) a person who is not a parent of the young carer but who has parental responsibility for the young carer.
(3) A person is not a young carer if the person provides or intends to provide care—
(a) under or by virtue of a contract, or
(b) as voluntary work.
(4) But in a case where the local authority consider that the relationship between the person cared for and the person under 18 providing or intending to provide care is such that it would be appropriate for the person under 18 to be regarded as a young carer, that person is to be regarded as such (and subsection (3) is therefore to be ignored in that case).
(5) The references in section 17ZA and this section to providing care include a reference to providing practical or emotional support.
(6) Where a local authority—
(a) are required to carry out a young carer's needs assessment, and
(b) are required or have decided to carry out some other assessment of the young carer or of the person cared for;
the local authority may, subject to subsection (7), combine the assessments.
(7) A young carer's needs assessment may be combined with an assessment of the person cared for only if the young carer and the person cared for agree.
(8) The Secretary of State may by regulations make further provision about carrying out a young carer's needs assessment; the regulations may, in particular—
(a) specify matters to which a local authority is to have regard in carrying out a young carer's needs assessment;
(b) specify matters which a local authority is to determine in carrying out a young carer's needs assessment;
(c) make provision about the manner in which a young carer's needs assessment is to be carried out;
(d) make provision about the form a young carer's needs assessment is to take.
(9) The Secretary of State may by regulations amend the list in section 17ZA(6)(b) so as to—
(a) add an entry,
(b) remove an entry, or
(c) vary an entry.
17ZC Consideration of young carers' needs assessments
A local authority that carry out a young carer's needs assessment must consider the assessment and decide—
(a) whether the young carer has needs for support in relation to the care which he or she provides or intends to provide;
(b) if so, whether those needs could be satisfied (wholly or partly) by services which the authority may provide under section 17; and
(c) if they could be so satisfied, whether or not to provide any such services in relation to the young carer.
(1) A local authority ... must, if the conditions in subsections (3) and (4) are met, assess whether a parent carer within their area has needs for support and, if so, what those needs are.
(2) In this Part “parent carer” means a person aged 18 or over who provides or intends to provide care for a disabled child for whom the person has parental responsibility.
(3) The first condition is that—
(a) it appears to the authority that the parent carer may have needs for support, or
(b) the authority receive a request from the parent carer to assess the parent carer's needs for support.
(4) The second condition is that the local authority are satisfied that the disabled child cared for and the disabled child's family are persons for whom they may provide or arrange for the provision of services under section 17.
(5) An assessment under subsection (1) is referred to in this Part as a “parent carer's needs assessment”.
(6) Subsection (1) does not apply in relation to a parent carer if the local authority have previously carried out a care-related assessment of the parent carer in relation to the same disabled child cared for.
(7) But subsection (1) does apply (and so a parent carer's needs assessment must be carried out) if it appears to the authority that the needs or circumstances of the parent carer or the disabled child cared for have changed since the last care-related assessment.
(8) “Care-related assessment” means—
(a) a parent carer's needs assessment;
(b) an assessment under any of the following—
(i) section 1 of the Carers (Recognition and Services) Act 1995;
(ii) section 6 of the Carers and Disabled Children Act 2000;
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iv) Part 1 of the Care Act 2014.
(9) A parent carer's needs assessment must include an assessment of whether it is appropriate for the parent carer to provide, or continue to provide, care for the disabled child, in the light of the parent carer's needs for support, other needs and wishes.
(10) A local authority in carrying out a parent carer's needs assessment must have regard to—
(a) the well-being of the parent carer, and
(b) the need to safeguard and promote the welfare of the disabled child cared for and any other child for whom the parent carer has parental responsibility.
(11) In subsection (10) “well-being” has the same meaning as in Part 1 of the Care Act 2014.
(12) A local authority, in carrying out a parent carer's needs assessment, must involve—
(a) the parent carer,
(b) any child for whom the parent carer has parental responsibility, and
(c) any person who the parent carer requests the authority to involve.
(13) A local authority that have carried out a parent carer's needs assessment must give a written record of the assessment to—
(a) the parent carer, and
(b) any person to whom the parent carer requests the authority to give a copy.
(14) A local authority ... must take reasonable steps to identify the extent to which there are parent carers within their area who have needs for support.
(1) This section applies for the purposes of section 17ZD.
(2) The references in section 17ZD to providing care include a reference to providing practical or emotional support.
(3) Where a local authority—
(a) are required to carry out a parent carer's needs assessment, and
(b) are required or have decided to carry out some other assessment of the parent carer or of the disabled child cared for,
the local authority may combine the assessments.
(4) The Secretary of State may by regulations make further provision about carrying out a parent carer's needs assessment; the regulations may, in particular—
(a) specify matters to which a local authority is to have regard in carrying out a parent carer's needs assessment;
(b) specify matters which a local authority is to determine in carrying out a parent carer's needs assessment;
(c) make provision about the manner in which a parent carer's needs assessment is to be carried out;
(d) make provision about the form a parent carer's needs assessment is to take.
(5) The Secretary of State may by regulations amend the list in section 17ZD(8)(b) so as to—
(a) add an entry,
(b) remove an entry, or
(c) vary an entry.
17ZF Consideration of parent carers' needs assessments
A local authority that carry out a parent carer's needs assessment must consider the assessment and decide—
(a) whether the parent carer has needs for support in relation to the care which he or she provides or intends to provide;
(b) whether the disabled child cared for has needs for support;
(c) if paragraph (a) or (b) applies, whether those needs could be satisfied (wholly or partly) by services which the authority may provide under section 17; and
(d) if they could be so satisfied, whether or not to provide any such services in relation to the parent carer or the disabled child cared for.
17ZG Section 17 services: continued provision where EHC plan maintained
(1) This section applies where, immediately before a child in need reaches the age of 18—
(a) a local authority ... is providing services for the child in the exercise of functions conferred by section 17, and
(b) an EHC plan is maintained for the child.
(2) The local authority may continue to provide services for the child in the exercise of those functions after the child reaches the age of 18, but may not continue to do so after the EHC plan has ceased to be maintained , except in so far as the authority is required to do so under section 17ZH or 17ZI.
(3) In this section “ EHC plan ” means a plan within section 37(2) of the Children and Families Act 2014.
17ZH Section 17 services: transition for children to adult care and support
(1) Subsections (2) to (4) apply where a local authority ... providing services for a child in need in the exercise of functions conferred by section 17—
(a) are required by section 58(1) or 63(1) of the Care Act 2014 to carry out a child's needs assessment or young carer's assessment in relation to the child, or
(b) are required by section 60(1) of that Act to carry out a child's carer's assessment in relation to a carer of the child.
(2) If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as a needs or carer's assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014 (with Part 1 of that Act applying to the assessment as a result), the authority must continue to comply with section 17 after the child reaches the age of 18 until they reach a conclusion in his case.
(3) If the local authority carry out the assessment before the child reaches the age of 18 but decide not to treat it as a needs or carer's assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014—
(a) they must carry out a needs or carer's assessment (as the case may be) after the child reaches the age of 18, and
(b) they must continue to comply with section 17 after he reaches that age until they reach a conclusion in his case.
(4) If the local authority do not carry out the assessment before the child reaches the age of 18, they must continue to comply with section 17 after he reaches that age until—
(a) they decide that the duty under section 9 or 10 of the Care Act 2014 (needs or carer's assessment) does not apply, or
(b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
(5) Subsection (6) applies where a local authority ... providing services for a child in need in the exercise of functions conferred by section 17—
(a) receive a request for a child's needs assessment or young carer's assessment to be carried out in relation to the child or for a child's carer's assessment to be carried out in relation to a carer of the child, but
(b) have yet to be required by section 58(1), 60(1) or 63(1) of the Care Act 2014 to carry out the assessment.
(6) If the local authority do not decide, before the child reaches the age of 18, whether or not to comply with the request, they must continue to comply with section 17 after he reaches that age until—
(a) they decide that the duty under section 9 or 10 of the Care Act 2014 does not apply, or
(b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
(7) A local authority reach a conclusion in a person's case when—
(a) they conclude that he does not have needs for care and support or for support (as the case may be), or
(b) having concluded that he has such needs and that they are going to meet some or all of them, they begin to do so, or
(c) having concluded that he has such needs, they conclude that they are not going to meet any of those needs (whether because those needs do not meet the eligibility criteria or for some other reason).
(8) In this section, “child's needs assessment”, “child's carer's assessment”, “young carer's assessment”, “needs assessment”, “carer's assessment” and “eligibility criteria” each have the same meaning as in Part 1 of the Care Act 2014.
17ZI Section 17 services: provision after EHC plan no longer maintained
(1) This section applies where a local authority ... providing services for a person in the exercise, by virtue of section 17ZG, of functions conferred by section 17 are required to carry out a needs assessment in that person's case.
(2) If the EHC plan for the person ceases to be maintained before the local authority reach a conclusion in the person's case, they must continue to comply with section 17 until they do reach a conclusion in his case.
(3) The references to the local authority reaching a conclusion in a person's case are to be read with section 17ZH(7).
(4) In this section, “needs assessment” has the same meaning as in Part 1 of the Care Act 2014.
(1) The Secretary of State may by regulations make provision for and in connection with requiring or authorising the responsible authority in the case of a person of a prescribed description who falls within subsection (2) to make, with that person’s consent, such payments to him as they may determine in accordance with the regulations in respect of his securing the provision of the service mentioned in that subsection.
(2) A person falls within this subsection if he is—
(a) a person with parental responsibility for a disabled child,
(b) a disabled person with parental responsibility for a child, or
(c) a disabled child aged 16 or 17,
and a local authority (“ the responsible authority ”) have decided for the purposes of section 17 that the child’s needs (or, if he is such a disabled child, his needs) call for the provision by them of a service in exercise of functions conferred on them under that section.
(3) Regulations under this section may, in particular, make provision—
(a) specifying circumstances in which the responsible authority are not required or authorised to make any payments under the regulations to a person, whether those circumstances relate to the person in question or to the particular service mentioned in subsection (2);
(b) for any payments required or authorised by the regulations to be made to a person by the responsible authority (“direct payments”) to be made to that person (“the payee”) as gross payments or alternatively as net payments;
(c) for the responsible authority to make for the purposes of subsection (3A) or (3B) such determination as to—
(i) the payee’s means, and
(ii) the amount (if any) which it would be reasonably practicable for the payee to pay to the authority by way of reimbursement or contribution,
as may be prescribed;
(d) as to the conditions falling to be complied with by the payee which must or may be imposed by the responsible authority in relation to the direct payments (and any conditions which may not be so imposed);
(e) specifying circumstances in which the responsible authority—
(i) may or must terminate the making of direct payments,
(ii) may require repayment (whether by the payee or otherwise) of the whole or part of the direct payments;
(f) for any sum falling to be paid or repaid to the responsible authority by virtue of any condition or other requirement imposed in pursuance of the regulations to be recoverable as a debt due to the authority;
(g) displacing functions or obligations of the responsible authority with respect to the provision of the service mentioned in subsection (2) only to such extent, and subject to such conditions, as may be prescribed;
(h) authorising direct payments to be made to any prescribed person on behalf of the payee;
(j) as to matters to which the responsible authority must, or may, have regard when making a decision for the purposes of a provision of the regulations;
(k) as to steps which the responsible authority must, or may, take before, or after, the authority makes a decision for the purposes of a provision of the regulations;
(l) specifying circumstances in which a person who has fallen within subsection (3D) but no longer does so (whether because of fluctuating capacity, or regaining or gaining of capacity) is to be treated, or may be treated, as falling within subsection (3D) for purposes of this section or for purposes of regulations under this section.
(3A) For the purposes of subsection (3)(b) “gross payments” means payments—
(a) which are made at such a rate as the authority estimate to be equivalent to the reasonable cost of securing the provision of the service concerned; but
(b) which may be made subject to the condition that the payee pays to the responsible authority, by way of reimbursement, an amount or amounts determined under the regulations.
(3B) For the purposes of subsection (3)(b) “net payments” means payments—
(a) which are made on the basis that the payee will pay an amount or amounts determined under the regulations by way of contribution towards the cost of securing the provision of the service concerned; and
(b) which are accordingly made at such a rate below that mentioned in subsection (3A)(a) as reflects any such contribution by the payee.
(3C) Regulations made for the purposes of subsection (3)(a) may provide that direct payments shall not be made in respect of the provision of residential accommodation for any person for a period in excess of a prescribed period.
(3D) A person falls within this subsection if the person lacks capacity, within the meaning of the Mental Capacity Act 2005, to consent to the making of direct payments.
(4) Regulations under this section shall provide that, where payments are made under the regulations to a person falling within subsection (5)—
(a) the payments shall be made at the rate mentioned in subsection (3A)(a); and
(b) subsection (3A)(b) shall not apply.
(5) A person falls within this subsection if he is—
(a) a person falling within subsection (2)(a) or (b) and the child in question is aged 16 or 17, or
(b) a person who is in receipt of of universal credit (except in such circumstances as may be prescribed), income support ... under Part 7 of the Social Security Contributions and Benefits Act 1992 (c. 4) , of any element of child tax credit other than the family element, of working tax credit , of an income-based jobseeker's allowance or of an income-related employment and support allowance .
(6) In this section—
...
“disabled” in relation to an adult has the same meaning as that given by section 17(11) in relation to a child;
“prescribed” means specified in or determined in accordance with regulations under this section ...
(1) Every local authority shall provide such day care for children in need within their area who are—
(a) aged five or under; and
(b) not yet attending schools,
as is appropriate.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A local authority may provide facilities (including training, advice, guidance and counselling) for those—
(a) caring for children in day care; or
(b) who at any time accompany such children while they are in day care.
(4) In this section “day care” means any form of care or supervised activity provided for children during the day (whether or not it is provided on a regular basis).
(5) Every local authority shall provide for children in need within their area who are attending any school such care or supervised activities as is appropriate—
(a) outside school hours; or
(b) during school holidays.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In this section “supervised activity” means an activity supervised by a responsible person.
19 Review of provision for day care, child minding etc.
(1) Every local authority in England and Wales shall review—
(a) the provision which they make under section 18;
(b) the extent to which the services of child minders are available within their area with respect to children under the age of eight; and
(c) the provision for day care within their area made for children under the age of eight by persons other, than the authority, required to register under Part XA.
(2) A review under subsection (1) shall be conducted—
(a) together with the appropriate local education authority; and
(b) at least once in every review period.
(3) Every local authority in Scotland shall, at least once in every review period, review—
(a) the provision for day care within their area made for children under the age of eight by the local authority and by persons required to register under section 71(1)(b); and
(b) the extent to which the services of child minders are available within their area with respect to children under the age of eight.
(4) In conducting any such review, the two authorities or, in Scotland,the authority shall have regard to the provision made with respect to children under the age of eight in relevant establishments within their area.
(5) In this section—
“relevant establishment” means—
in relation to Scotland, any establishment which is mentioned in paragraphs 3 and 4 of Schedule 9 (establishments exempt from the registration requirements which apply in relation to the provision of day care in Scotland); and
in relation to England and Wales, any establishment which is mentioned in paragraphs 1 and 2 of Schedule 9A (establishments exempt from the registration requirements which apply in relation to the provision of day care in England and Wales);
“ review period ” means the period of one year beginning with the commencement of this section and each subsequent period of three years beginning with an anniversary of that commencement.
(6) Where a local authority have conducted a review under this section they shall publish the result of the review—
(a) as soon as is reasonably practicable;
(b) in such form as they consider appropriate; and
(c) together with any proposals they may have with respect to the matters reviewed.
(7) The authorities conducting any review under this section shall have regard to—
(a) any representations made to any one of them by any relevant Health Authority, Special Health Authority , Primary Care Trustor health board; and
(b) any other representations which they consider to be relevant.
(8) In the application of this section to Scotland, “day care” has the same meaning as in section 79 and “health board” has the same meaning as in the National Health Service (Scotland) Act 1978.
20 Provision of accommodation for children: general.
(1) Every local authority shall provide accommodation for any child in need within their area who appears to them to require accommodation as a result of—
(a) there being no person who has parental responsibility for him;
(b) his being lost or having been abandoned; or
(c) the person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation or care.
(2) Where a local authority provide accommodation under subsection (1) for a child who is ordinarily resident in the area of another local authority, that other local authority may take over the provision of accommodation for the child within—
(a) three months of being notified in writing that the child is being provided with accommodation; or
(b) such other longer period as may be prescribed in regulations made by the Secretary of State.
(2A) Where a local authority in Wales provide accommodation under section 76(1) of the Social Services and Well-being (Wales) Act 2014 (accommodation for children without parents or who are lost or abandoned etc. ) for a child who is ordinarily resident in the area of a local authority in England, that local authority in England may take over the provision of accommodation for the child within—
(a) three months of being notified in writing that the child is being provided with accommodation; or
(b) such other longer period as may be prescribed in regulations made by the Secretary of State.
(3) Every local authority shall provide accommodation for any child in need within their area who has reached the age of sixteen and whose welfare the authority consider is likely to be seriously prejudiced if they do not provide him with accommodation.
(4) A local authority may provide accommodation for any child within their area (even though a person who has parental responsibility for him is able to provide him with accommodation) if they consider that to do so would safeguard or promote the child’s welfare.
(5) A local authority may provide accommodation for any person who has reached the age of sixteen but is under twenty-one in any community home which takes children who have reached the age of sixteen if they consider that to do so would safeguard or promote his welfare.
(6) Before providing accommodation under this section, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—
(a) ascertain the child’s wishes and feelings regarding the provision of accommodation; and
(b) give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.
(7) A local authority may not provide accommodation under this section for any child if any person who—
(a) has parental responsibility for him; and
(b) is willing and able to—
(i) provide accommodation for him; or
(ii) arrange for accommodation to be provided for him,
objects.
(8) Any person who has parental responsibility for a child may at any time remove the child from accommodation provided by or on behalf of the local authority under this section.
(9) Subsections (7) and (8) do not apply while any person—
(a) who is named in a child arrangements order as a person with whom the child is to live;
(aa) who is a special guardian of the child; or
(b) who has care of the child by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children,
agrees to the child being looked after in accommodation provided by or on behalf of the local authority.
(10) Where there is more than one such person as is mentioned in subsection (9), all of them must agree.
(11) Subsections (7) and (8) do not apply where a child who has reached the age of sixteen agrees to being provided with accommodation under this section.
21 Provision of accommodation for children in police protection or detention or on remand, etc.
(1) Every local authority shall make provision for the reception and accommodation of children who are removed or kept away from home under Part V.
(2) Every local authority shall receive, and provide accommodation for, children—
(a) in police protection whom they are requested to receive under section 46(3)(f);
(b) whom they are requested to receive under section 38(6) of the Police and Criminal Evidence Act 1984;
(c) who are—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ia) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code (breach etc. of referral orders and reparation orders);
(ii) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 25 of Schedule 7 to that Code (breach etc. of youth rehabilitation orders); . . .
(iia) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 10 of the Schedule to the Street Offences Act 1959 (breach of orders under section 1(2A) of that Act);
(iii) the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering,
and with respect to whom they are the designated authority.
(2A) In subsection (2)(c)(iii)—
“local authority residence requirement” has the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code;
“youth rehabilitation order” has the meaning given by section 173 of that Code;
“youth rehabilitation order with fostering” has the meaning given by section 176 of that Code.
(3) Where a child has been—
(a) removed under Part V; or
(b) detained under section 38 of the Police and Criminal Evidence Act 1984,
and he is not being provided with accommodation by a local authority or by a local authority in Wales or in a hospital vested in the Secretary of State or , the Welsh Ministers ..., or otherwise made available pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006 or a Health Authority Local Health Board ..., any reasonable expenses of accommodating him shall be recoverable from the local authority , or local authority in Wales, in whose area he is ordinarily resident.
22 General duty of local authority in relation to children looked after by them.
(1) In this section, any reference to a child who is looked after by a local authority is a reference to a child who is—
(a) in their care; or
(b) provided with accommodation by the authority in the exercise of any functions (in particular those under this Act) which are social services functions within the meaning of the Local Authority Social Services Act 1970 , apart from functions under sections 17 23B and 24B.
(2) In subsection (1) “accommodation” means accommodation which is provided for a continuous period of more than 24 hours.
(3) It shall be the duty of a local authority looking after any child—
(a) to safeguard and promote his welfare; and
(b) to make such use of services available for children cared for by their own parents as appears to the authority reasonable in his case.
(3A) The duty of a local authority under subsection (3)(a) to safeguard and promote the welfare of a child looked after by them includes in particular a duty to promote the child’s educational achievement.
(3B) A local authority ... must appoint at least one person for the purpose of discharging the duty imposed by virtue of subsection (3A).
(3C) A person appointed by a local authority under subsection (3B) must be an officer employed by that authority or another local authority ....
(4) Before making any decision with respect to a child whom they are looking after, or proposing to look after, a local authority shall, so far as is reasonably practicable, ascertain the wishes and feelings of—
(a) the child;
(b) his parents;
(c) any person who is not a parent of his but who has parental responsibility for him; and
(d) any other person whose wishes and feelings the authority consider to be relevant,
regarding the matter to be decided.
(5) In making any such decision a local authority shall give due consideration—
(a) having regard to his age and understanding, to such wishes and feelings of the child as they have been able to ascertain;
(b) to such wishes and feelings of any person mentioned in subsection (4)(b) to (d) as they have been able to ascertain; and
(c) to the child’s religious persuasion, racial origin and cultural and linguistic background.
(6) If it appears to a local authority that it is necessary, for the purpose of protecting members of the public from serious injury, to exercise their powers with respect to a child whom they are looking after in a manner which may not be consistent with their duties under this section, they may do so.
(7) If the Secretary of State considers it necessary, for the purpose of protecting members of the public from serious injury, to give directions to a local authority with respect to the exercise of their powers with respect to a child whom they are looking after, the Secretary of State may give such directions to the authority.
(8) Where any such directions are given to an authority they shall comply with them even though doing so is inconsistent with their duties under this section.
22C Ways in which looked after children are to be accommodated and maintained
(1) This section applies where a local authority are looking after a child (“C”).
(2) The local authority must make arrangements for C to live with a person who falls within subsection (3) (but subject to subsection (4)).
(3) A person (“P”) falls within this subsection if—
(a) P is a parent of C;
(b) P is not a parent of C but has parental responsibility for C; or
(c) in a case where C is in the care of the local authority and there was a child arrangements order in force with respect to C immediately before the care order was made, P was a person named in the child arrangements order as a person with whom C was to live.
(4) Subsection (2) does not require the local authority to make arrangements of the kind mentioned in that subsection if doing so—
(a) would not be consistent with C's welfare; or
(b) would not be reasonably practicable.
(5) If the local authority are unable to make arrangements under subsection (2), they must place C in the placement which is, in their opinion, the most appropriate placement available.
(6) In subsection (5) “ placement ” means—
(a) placement with an individual who is a relative, friend or other person connected with C and who is also a local authority foster parent;
(b) placement with a local authority foster parent who does not fall within paragraph (a);
(c) placement in a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2); or
(d) subject to section 22D, placement in accordance with other arrangements which comply with any regulations made for the purposes of this section.
(7) In determining the most appropriate placement for C, the local authority must, subject to subsection (9B) and the other provisions of this Part (in particular, to their duties under section 22)—
(a) give preference to a placement falling within paragraph (a) of subsection (6) over placements falling within the other paragraphs of that subsection;
(b) comply, so far as is reasonably practicable in all the circumstances of C's case, with the requirements of subsection (8); and
(c) comply with subsection (9) unless that is not reasonably practicable.
(8) The local authority must ensure that the placement is such that—
(a) it allows C to live near C's home;
(b) it does not disrupt C's education or training;
(c) if C has a sibling for whom the local authority are also providing accommodation, it enables C and the sibling to live together;
(d) if C is disabled, the accommodation provided is suitable to C's particular needs.
(9) The placement must be such that C is provided with accommodation within the local authority's area.
(9A) Subsection (9B) applies (subject to subsection (9C)) where the local authority ...—
(a) are considering adoption for C, or
(b) are satisfied that C ought to be placed for adoption but are not authorised under section 19 of the Adoption and Children Act 2002 (placement with parental consent) or by virtue of section 21 of that Act (placement orders) to place C for adoption.
(9B) Where this subsection applies—
(a) subsections (7) to (9) do not apply to the local authority,
(b) the local authority must consider placing C with an individual within subsection (6)(a), and
(c) where the local authority decide that a placement with such an individual is not the most appropriate placement for C, the local authority must consider placing C with a local authority foster parent who has been approved as a prospective adopter.
(9C) Subsection (9B) does not apply where the local authority have applied for a placement order under section 21 of the Adoption and Children Act 2002 in respect of C and the application has been refused.
(10) The local authority may determine—
(a) the terms of any arrangements they make under subsection (2) in relation to C (including terms as to payment); and
(b) the terms on which they place C with a local authority foster parent (including terms as to payment but subject to any order made under section 49 of the Children Act 2004).
(11) The Secretary of State may make regulations for, and in connection with, the purposes of this section.
(12) For the meaning of “local authority foster parent” see section 105(1).
22D Review of child's case before making alternative arrangements for accommodation
(1) Where a local authority are providing accommodation for a child (“C”) other than by arrangements under section 22C(6)(d), they must not make such arrangements for C unless they have decided to do so in consequence of a review of C's case carried out in accordance with regulations made under section 26.
(2) But subsection (1) does not prevent a local authority making arrangements for C under section 22C(6)(d) if they are satisfied that in order to safeguard C's welfare it is necessary—
(a) to make such arrangements; and
(b) to do so as a matter of urgency.
22E Children’s homes provided by Secretary of State or Welsh Ministers
Where a local authority place a child they are looking after in a children’s home provided, equipped and maintained by the Secretary of State or the Welsh Ministers under section 82(5), they must do so on such terms as the Secretary of State or the Welsh Ministers (as the case may be) may from time to time determine.
22F Regulations as to children looked after by local authorities
Part 2 of Schedule 2 has effect for the purposes of making further provision as to children looked after by local authorities and in particular as to the regulations which may be made under section 22C(11).
22G General duty of local authority to secure sufficient accommodation for looked after children
(1) It is the general duty of a local authority to take steps that secure, so far as reasonably practicable, the outcome in subsection (2).
(2) The outcome is that the local authority are able to provide the children mentioned in subsection (3) with accommodation that—
(a) is within the authority's area; and
(b) meets the needs of those children.
(3) The children referred to in subsection (2) are those—
(a) that the local authority are looking after,
(b) in respect of whom the authority are unable to make arrangements under section 22C(2), and
(c) whose circumstances are such that it would be consistent with their welfare for them to be provided with accommodation that is in the authority's area.
(4) In taking steps to secure the outcome in subsection (2), the local authority must have regard to the benefit of having—
(a) a number of accommodation providers in their area that is, in their opinion, sufficient to secure that outcome; and
(b) a range of accommodation in their area capable of meeting different needs that is, in their opinion, sufficient to secure that outcome.
(5) In this section “ accommodation providers ” means—
local authority foster parents; and
children's homes in respect of which a person is registered under Part 2 of the Care Standards Act 2000.
(1) A local authority must publish—
(a) information about the authority’s general approach to supporting—
(i) children living in the authority’s area who live in kinship care, and
(ii) persons living in the authority’s area who are kinship carers;
(b) information about financial support which may be available to—
(i) children mentioned in paragraph (a)(i), or
(ii) persons mentioned in paragraph (a)(ii) (in their capacity as kinship carers);
(c) information about services mentioned in subsection (2).
(2) Those services are services available in the authority’s area which may assist children mentioned in subsection (1)(a)(i) or persons mentioned in subsection (1)(a)(ii)(in their capacity as kinship carers), including services relating to—
(a) health and wellbeing;
(b) relationships;
(c) education and training;
(d) accommodation.
(3) In subsection (1)(b), the reference to financial support is to financial support whether provided by the local authority or by others (including voluntary organisations).
(4) In subsection (2)—
(a) the reference to services available in the authority’s area includes services provided by the authority and services provided by others (including voluntary organisations);
(b) the reference to services relating to relationships includes services which promote contact between a child and their parents or relatives.
(5) Information required to be published by a local authority under this section is to be known as the local authority’s “kinship local offer”.
(6) A local authority must take such steps as are reasonably practicable to ensure that children and other persons mentioned in subsection (1)(a) receive the information relevant to them.
(7) A local authority must review and update its kinship local offer from time to time, as appropriate.
(8) Before publishing its kinship local offer (or any updated version) a local authority must—
(a) consult relevant persons about any services that are offered, or may be offered, by the local authority which may assist to improve outcomes for children living in the authority’s area who live in kinship care, and
(b) publish a report on the consultation.
(9) In subsection (8), “relevant persons” in relation to a local authority, means such children living in kinship care, kinship carers and other persons as appear to the local authority to be representative of children living in kinship care and kinship carers in its area, which may include former kinship carers and children who used to be in kinship care.
(10) The duty to consult in subsection (8) does not apply in relation to kinship local offers that are published or reviewed before section 5 of the Children’s Wellbeing and Schools Act 2026 comes into force.
(1) For the purposes of section 22H, a child lives in kinship care if—
(a) the child lives with a relative, friend or other person connected with the child for all or part of the time, and
(b) subsection (2) or (3) applies in relation to the child.
(2) This subsection applies in relation to the child if—
(a) the child lives with one person mentioned in subsection (1)(a) for all of the time, or for more time than the child lives with a parent, and
(b) the person mentioned in subsection (1)(a) provides all of the care and support provided for the child, or more of that care and support than is provided for the child by a parent.
(3) This subsection applies in relation to the child if—
(a) the child lives with two or more persons mentioned in subsection (1)(a) all or most of the time (whether or not the child lives with those persons at the same time), and
(b) those persons, taken together, provide all or most of the care and support provided for the child.
(4) The reference in subsection (1)(a) to a person connected with the child does not include a reference to—
(a) a parent of the child,
(b) a local authority foster parent of the child who had no connection with the child prior to the child being placed with that person, or
(c) a person caring for the child in a professional capacity.
(5) Where—
(a) a child’s parents do not live together, and
(b) the child lives for part of the time with one parent and part of the time with the other,
the child is treated for the purposes of subsection (2)(a) as living with a parent for both of those parts of time taken together.
(6) In section 22H, “kinship carer”, in relation to a child, means a person mentioned in subsection (1)(a) who provides care and support for the child in the circumstances described in subsection (2) or (3).
22J Accommodation of looked after children: regional co-operation arrangements
(1) The Secretary of State may give directions requiring two or more local authorities to make regional co-operation arrangements.
(2) “Regional co-operation arrangements” means arrangements—
(a) for the local authorities to carry out their strategic accommodation functions jointly,
(b) for the local authorities’ strategic accommodation functions to be carried out by one of the local authorities on behalf of the others, or
(c) for a body corporate to support the local authorities in carrying out their strategic accommodation functions.
(3) A local authority’s “strategic accommodation functions” are—
(a) assessing current and future requirements for the accommodation of children being looked after by the local authority,
(b) developing and publishing strategies for meeting those requirements,
(c) commissioning the provision of accommodation for children being looked after by the local authority,
(d) recruiting prospective local authority foster parents and supporting local authority foster parents,
(e) developing, or facilitating the development of, new provision for the accommodation of children being looked after by the local authority, and
(f) any other functions relating to a local authority’s duties under section 22A, 22C or 22G that are specified in regulations made by the Secretary of State.
(4) Before making regulations under subsection (3)(f) the Secretary of State must consult—
(a) local authorities, and
(b) such other persons (if any) as the Secretary of State considers appropriate.
(5) A direction under subsection (1) may—
(a) specify which of the three kinds of regional co-operation arrangements the local authorities must make, or
(b) specify more than one kind of regional co-operation arrangement (“the permitted arrangements”) and require the local authorities to determine which of the permitted arrangements to make.
(6) A direction which requires or permits the local authorities to make regional co-operation arrangements of the kind in subsection (2)(b) may—
(a) specify which local authority is to carry out the strategic accommodation functions, or
(b) require the local authorities to determine which of them is to carry out the strategic accommodation functions.
(7) A direction which requires or permits the local authorities to make regional co-operation arrangements of the kind in subsection (2)(c) may—
(a) specify the kind of body corporate with which the arrangements may be made;
(b) require a body corporate to be established for the purposes of the arrangements.
(8) If a direction requires a body corporate to be established, it may—
(a) specify which of the local authorities is to establish the body corporate, or
(b) require the local authorities to determine which of them is to establish it.
(9) The Secretary of State may give a direction requiring a local authority to terminate arrangements made in accordance with a direction under subsection (1).
(10) A direction under this section may make different provision for different purposes.
23ZZA Information and advice for promoting educational achievement
(1) A local authority in England must make advice and information available in accordance with this section for the purpose of promoting the educational achievement of each relevant child educated in their area.
(2) The advice and information must be made available to—
(a) any person who has parental responsibility for the child,
(b) the member of staff at the child's school designated under section 20A of the Children and Young Persons Act 2008 or by virtue of section 2E of the Academies Act 2010, and
(c) any other person that the local authority consider appropriate.
(3) A local authority in England may do anything else that they consider appropriate with a view to promoting the educational achievement of relevant children educated in their area.
(4) A local authority in England must appoint at least one person for the purpose of discharging the duty imposed by subsection (1).
(5) The person appointed for that purpose must be an officer employed by the authority or another local authority in England.
(6) In this section—
“relevant child” means—
a child who was looked after by the local authority or another local authority in England or Wales but ceased to be so looked after as a result of—
a child arrangements order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person,
a special guardianship order, or
an adoption order within the meaning given by section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002, or
a child who appears to the local authority—
to have been in state care in a place outside England and Wales because he or she would not otherwise have been cared for adequately, and
to have ceased to be in that state care as a result of being adopted.
(7) For the purposes of this section a child is educated in a local authority's area if—
(a) the child is receiving early years provision secured by the local authority under section 7(1) of the Childcare Act 2006, or
(b) the child is of compulsory school age and—
(i) the child attends a school in the local authority's area, or
(ii) if the child does not attend school, the child receives all or most of his or her education in the local authority's area.
(8) For the purposes of this section a child is in “state care” if he or she is in the care of, or accommodated by—
(a) a public authority,
(b) a religious organisation, or
(c) any other organisation the sole or main purpose of which is to benefit society.
23ZA Duty of local authority to ensure visits to, and contact with, looked after children and others
(1) This section applies to—
(a) a child looked after by a local authority;
(b) a child who was looked after by a local authority but who has ceased to be looked after by them as a result of prescribed circumstances.
(2) It is the duty of the local authority—
(a) to ensure that a person to whom this section applies is visited by a representative of the authority (“a representative”);
(b) to arrange for appropriate advice, support and assistance to be available to a person to whom this section applies who seeks it from them.
(3) The duties imposed by subsection (2)—
(a) are to be discharged in accordance with any regulations made for the purposes of this section by the Secretary of State;
(b) are subject to any requirement imposed by or under an enactment applicable to the place in which the person to whom this section applies is accommodated.
(4) Regulations under this section for the purposes of subsection (3)(a) may make provision about—
(a) the frequency of visits;
(b) circumstances in which a person to whom this section applies must be visited by a representative; and
(c) the functions of a representative.
(5) In choosing a representative a local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a representative.
23ZB Independent visitors for children looked after by a local authority
(1) A local authority looking after a child must appoint an independent person to be the child's visitor if—
(a) the child falls within a description prescribed in regulations made by the Secretary of State; or
(b) in any other case, it appears to them that it would be in the child's interests to do so.
(2) A person appointed under this section must visit, befriend and advise the child.
(3) A person appointed under this section is entitled to recover from the appointing authority any reasonable expenses incurred by that person for the purposes of that person's functions under this section.
(4) A person's appointment as a visitor in pursuance of this section comes to an end if—
(a) the child ceases to be looked after by the local authority;
(b) the person resigns the appointment by giving notice in writing to the appointing authority; or
(c) the authority give him notice in writing that they have terminated it.
(5) The ending of such an appointment does not affect any duty under this section to make a further appointment.
(6) Where a local authority propose to appoint a visitor for a child under this section, the appointment shall not be made if—
(a) the child objects to it; and
(b) the authority are satisfied that the child has sufficient understanding to make an informed decision.
(7) Where a visitor has been appointed for a child under this section, the local authority shall terminate the appointment if—
(a) the child objects to its continuing; and
(b) the authority are satisfied that the child has sufficient understanding to make an informed decision.
(8) If the local authority give effect to a child's objection under subsection (6) or (7) and the objection is to having anyone as the child's visitor, the authority does not have to propose to appoint another person under subsection (1) until the objection is withdrawn.
(9) The Secretary of State may make regulations as to the circumstances in which a person is to be regarded for the purposes of this section as independent of the appointing authority.
23A The responsible authority and relevant children.
(1) The responsible local authority shall have the functions set out in section 23B in respect of a relevant child.
(2) In subsection (1) “ relevant child ” means (subject to subsection (3)) a child who—
(a) is not being looked after by any local authority in England or by any local authority in Wales;
(b) was, before last ceasing to be looked after, an eligible child for the purposes of paragraph 19B of Schedule 2; and
(c) is aged sixteen or seventeen.
(3) The Secretary of State may prescribe—
(a) additional categories of relevant children; and
(b) categories of children who are not to be relevant children despite falling within subsection (2).
(4) In subsection (1) the “ responsible local authority ” is the one which last looked after the child.
(5) If under subsection (3)(a) the Secretary of State prescribes a category of relevant children which includes children who do not fall within subsection (2)(b) (for example, because they were being looked after by a local authority in Scotland), the Secretary of State may in the regulations also provide for which local authority is to be the responsible local authority for those children.
23B Additional functions of the responsible authority in respect of relevant children.
(1) It is the duty of each local authority to take reasonable steps to keep in touch with a relevant child for whom they are the responsible authority, whether he is within their area or not.
(2) It is the duty of each local authority to appoint a personal adviser for each relevant child (if they have not already done so under paragraph 19C of Schedule 2).
(3) It is the duty of each local authority, in relation to any relevant child who does not already have a pathway plan prepared for the purposes of paragraph 19B of Schedule 2—
(a) to carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for them to provide him under this Part; and
(b) to prepare a pathway plan for him.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) The responsible local authority shall safeguard and promote the child’s welfare and, unless they are satisfied that his welfare does not require it, support him by—
(a) maintaining him;
(b) providing him with or maintaining him in suitable accommodation; and
(c) providing support of such other descriptions as may be prescribed.
(9) Support under subsection (8) may be in cash.
(10) The Secretary of State may by regulations make provision about the meaning of “ suitable accommodation ” and in particular about the suitability of landlords or other providers of accommodation.
(11) If the local authority have lost touch with a relevant child, despite taking reasonable steps to keep in touch, they must without delay—
(a) consider how to re-establish contact; and
(b) take reasonable steps to do so,
and while the child is still a relevant child must continue to take such steps until they succeed.
(12) Subsections (7) to (9) of section 17 apply in relation to support given under this section as they apply in relation to assistance given under that section.
(13) Subsections (4) and (5) of section 22 apply in relation to any decision by a local authority for the purposes of this section as they apply in relation to the decisions referred to in that section.
23C Continuing functions in respect of former relevant children.
(1) Each local authority shall have the duties provided for in this section towards—
(a) 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
(b) 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 ”.
(2) It is the duty of the local authority to take reasonable steps—
(a) to keep in touch with a former relevant child whether he is within their area or not; and
(b) if they lose touch with him, to re-establish contact.
(3) It is the duty of the local authority—
(a) to continue the appointment of a personal adviser for a former relevant child; and
(b) to continue to keep his pathway plan under regular review.
(4) It is the duty of the local authority to give a former relevant child—
(a) assistance of the kind referred to in section 24B(1), to the extent that his welfare requires it;
(b) assistance of the kind referred to in section 24B(2), to the extent that his welfare and his educational or training needs require it;
(c) other assistance, to the extent that his welfare requires it.
(5) The assistance given under subsection (4)(c) may be in kind or, in exceptional circumstances, in cash.
(5A) 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.
(5B) The Secretary of State may by regulations—
(a) prescribe the relevant amount for the purposes of subsection (5A);
(b) prescribe the meaning of “higher education” for those purposes;
(c) make provision as to the payment of the relevant amount;
(d) 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.
(5C) The duty set out in subsection (5A) is without prejudice to that set out in subsection (4)(b).
(6) 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.
(7) If the former relevant child’s pathway plan sets out a programme of education or training which extends beyond his twenty-first birthday—
(a) 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
(b) the duties set out in subsections (2) and (3) continue to subsist concurrently with that duty.
(8) 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.
(9) 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.
(10) 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.
23CZA Arrangements for certain former relevant children to continue to live with former foster parents
(1) Each local authority ... have the duties provided for in subsection (3) in relation to a staying put arrangement.
(2) A “staying put arrangement” is an arrangement under which—
(a) a person who is a former relevant child by virtue of section 23C(1)(b), and
(b) a person (a “former foster parent”) who was the former relevant child's local authority foster parent immediately before the former relevant child ceased to be looked after by the local authority,
continue to live together after the former relevant child has ceased to be looked after.
(3) It is the duty of the local authority (in discharging the duties in section 23C(3) and by other means)—
(a) to monitor the staying put arrangement, and
(b) to provide advice, assistance and support to the former relevant child and the former foster parent with a view to maintaining the staying put arrangement.
(4) Support provided to the former foster parent under subsection (3)(b) must include financial support.
(5) Subsection (3)(b) does not apply if the local authority consider that the staying put arrangement is not consistent with the welfare of the former relevant child.
(6) The duties set out in subsection (3) subsist until the former relevant child reaches the age of 21.
(1) This section applies to a former relevant child if—
(a) he or she has reached the age of 21 but not the age of 25, and
(b) a local authority in England had duties towards him or her under section 23C (whether or not some of those duties continue to subsist by virtue of subsection (7) of that section).
(2) If the former relevant child informs the local authority that he or she wishes to receive advice and support under this section, the local authority has the duties provided for in subsections (3) to (6).
(3) The local authority must provide the former relevant child with a personal adviser until the former relevant child—
(a) reaches the age of 25, or
(b) if earlier, informs the local authority that he or she no longer wants a personal adviser.
(4) The local authority must—
(a) carry out an assessment in relation to the former relevant child under subsection (5), and
(b) prepare a pathway plan for the former relevant child.
(5) An assessment under this subsection is an assessment of the needs of the former relevant child with a view to determining—
(a) whether any services offered by the local authority (under this Act or otherwise) may assist in meeting his or her needs, and
(b) if so, what advice and support it would be appropriate for the local authority to provide for the purpose of helping the former relevant child to obtain those services.
(6) The local authority must provide the former relevant child with advice and support that it would be appropriate to provide as mentioned in subsection (5)(b).
(7) Where a former relevant child to whom this section applies is not receiving advice and support under this section, the local authority must offer such advice and support—
(a) as soon as possible after he or she reaches the age of 21, and
(b) at least once in every 12 months.
(8) In this section “former relevant child” has the meaning given by section 23C(1).