Local authority duties for advice and assistance for certain children and young persons
Produced in partnership with Mai-Ling Savage, Matthew Fletcher and Nasstassia Hylton of 1 Garden Court
Local authority duties for advice and assistance for certain children and young persons

The following Local Government practice note produced in partnership with Mai-Ling Savage, Matthew Fletcher and Nasstassia Hylton of 1 Garden Court provides comprehensive and up to date legal information covering:

  • Local authority duties for advice and assistance for certain children and young persons
  • Duties introduced by the CASWA 2017
  • 'The eligible child'
  • 'The relevant child'
  • 'The former relevant child'
  • 'Person qualifying for advice and assistance'

Please note the information in this Practice Note relates to the current law in England. The law in Wales in this area is covered by the Social Services and Well-being (Wales) Act 2014 and the related statutory instruments.

This Practice Note has been produced to assist practitioners in navigating local authority duties to children and young people who may be entitled to advice and assistance, namely relevant children.

These sections are likely to be relevant to practitioners who:

  1. act for local authorities

  2. represent parents or guardians in care proceedings where the child is 16 or 17

  3. advise young people who are being looked after about the duties of the local authority to them

  4. advise upon or in preparation for judicial review of the local authority for failing to meet their duties under the different legislation

The first step is to identify whether a child or young person qualifies for advice and assistance and if they do, what advice and assistance the child or young person is entitled to. There are a number of potential different categories of a young person to consider including:

  1. a child in the care of the local authority (ie subject to an interim care order or care order)

  2. an 'eligible child' who is currently 'looked after' ie under section 20 or subject to an interim or final care order and has been for

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