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Provisions for Child in Need under Section 17 of the Children Act 1989

Provisions for Children in Need under Section 17 of the Children Act 1989

 

What Is the duty of the Local Authority under Section 17?

 

This section of the act imposes a general duty on the Local Authority to safeguard and promote the welfare of “a child in need” in their area.

 

It provides them with the power to support, provide accommodation and financial subsistence to families with “a child in need” even If they have no recourse to public funds.

 

A child will be considered in “need” if she or he cannot achieve or maintain a reasonable standard of health or development. A child would also come under this category if they were considered to be disabled. A child in need may refer to a child’s mental, physical, and emotional needs. For example, where a child has a health issue which may affect their standard of living or development without the necessary support and assistance from the Local Authority.

 

In certain circumstances, some adults are excluded from accessing support under this section due to their immigration status. Please contact our Children Law solicitors if you find yourself in this situation.

 

What does the act provide for?

 

Under Section 17 of the Children Act 1989, the Local Authority has a duty to:

  1. Safeguard and promote the welfare of children within their area who are in need; and
  2. So far, as is consistent with that duty, to promote the upbringing of such children by their families.

 

What is the process?

 

A request for a Section 17 assessment must be made in writing and must outline, the child`s needs and the support which is required.

 

It will consider a range of matters to include, but not limited to, the developmental needs of the child, whether the parents are able to respond to the identified needs  and are the parents able to promote the child`s health and development.

 

What is a child in need plan?

 

Once the assessment has taken place, a child in need plan will be drafted. A child in need plan will contain the support which is being provided to a child and/ or family by children`s services.

 

The plan should set out matters such as what is working well with the family, what support is required and why and which agencies will provide the service.

 

What type of support can be provided to a child in need?

 

The Local Authority has a legal duty to provide any required services to the child. It is important to note that parents may be required to fund the services, depending on their financial circumstances.

 

In certain situations, the Local Authority can approve financial assistance to families who have children with additional needs.

 

Once the child has been classed as having additional needs, the Local Authority must offer a range of services to the family and the child, such as advice, counselling, travel assistance, social and leisure activities.

 

How can Duncan Lewis Solicitors help you?

 

Duncan Lewis Solicitors have a large children law team who can advise and assist you in relation to Section 17 provisions for children in need and can ensure a child receives the adequate support they require from the Local Authority.

 

Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.

 

How will the matter be funded?

 

Legal aid may be available to parents, depending on the application. Alternatively, a fixed fee or hourly rates of a legal representative will be provided to you in advance for your full consideration. 

 

For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.


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