Services for children in need, CA 1989 s. 17
Duty of local authorities to safeguard children in need, provide services and consider their wishes. Defines 'in need' and 'disabled'.
It shall be the general duty of every local authority (in addition to the other duties imposed on them by this Part)— to safeguard and promote the welfare of children within their area who are in need; and 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. 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. 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. 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. 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— ascertain the child’s wishes and feelings regarding the provision of those services; and 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. Every local authority— 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 may make such arrangements as they see fit for any person to act on their behalf in the provision of any such service. 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. Assistance may be unconditional or subject to conditions as to the repayment of the assistance or of its value (in whole or in part). 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. 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 . For the purposes of this Part a child shall be taken to be in need if— 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; his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or 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. 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. 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. 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.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section places a general duty on every local authority to safeguard and promote the welfare of children in their area who are in need. It also requires them, so far as consistent with that duty, to promote the upbringing of such children by their families through an appropriate range and level of services.
A child is in need if they are unlikely to achieve or maintain a reasonable standard of health or development without services, if their health or development is likely to be significantly impaired, or if they are disabled. 'Disabled' is defined as blind, deaf, dumb, suffering from mental disorder, or substantially and permanently handicapped by illness, injury, or congenital deformity.
The local authority must ascertain the child's wishes and feelings about services and give them due consideration. Services may include accommodation and cash assistance, and can be provided to the child's family. The authority must also facilitate provision of services by others, including voluntary organisations.
This duty does not apply to a child looked after by a Welsh local authority under Part 6 of the Social Services and Well-being (Wales) Act 2014.
When it applies
- A parent of a disabled child asks the local authority for respite care or home adaptations.
- A child with severe health needs requires accommodation because their home environment is unsafe.
- A family on low income seeks cash assistance from the local authority to meet a child's basic needs.
- A teenager in need expresses a wish to receive a particular type of support, but the authority ignores their views.
What this section does not say
- This section does not cover child protection orders or care proceedings (dealt with under sections 31 and following).
- It does not cover financial support for children who are looked after by the local authority in care (see sections 22B and 22C).
- It does not cover day care for pre-school and other children (governed by section 18).
- It does not cover special guardianship support services (provided for in section 14F).
Related sections
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This page reproduces the text of CA 1989 s. 17 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.