Day care duties for children in need CA 1989 s. 18
Local authorities must provide appropriate day care for children in need aged five or under, plus out-of-school and holiday care for school children.
Every local authority shall provide such day care for children in need within their area who are— aged five or under; and not yet attending schools, as is appropriate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A local authority may provide facilities (including training, advice, guidance and counselling) for those— caring for children in day care; or who at any time accompany such children while they are in day care. 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). 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— outside school hours; or during school holidays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In this section “ supervised activity ” means an activity supervised by a responsible person.
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 provision places a legal duty on local authorities to ensure appropriate day care is provided for children in need within their area who are aged five or under and not yet attending school.
For children in need who do attend school, the local authority must provide appropriate care or supervised activities outside of normal school hours and during school holidays. A supervised activity is defined as any activity overseen by a responsible person.
Local authorities are also permitted—though not required—to offer support facilities such as advice, training, guidance, and counselling to carers or adults accompanying children using these day care services.
When it applies
- A struggling family with a toddler aged five or under assessed as a child in need requesting local authority day care placement.
- A school-aged child in need requiring supervised care during school summer holidays or after regular school hours.
- A grandparent caring for a child in day care seeking local authority advice or training services.
What this section does not say
- Universal free nursery places or general childcare for families whose children are not assessed as children in need.
- Full-time residential care or accommodation for children removed from home, which is covered under section 20 and section 22c.
- Formal statutory reviews of overall childcare supply across the local authority area, dealt with under section 19.
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This page reproduces the text of CA 1989 s. 18 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.