POINTS TO NOTE
PAGE 239 TEXTBOOK PARA 14.2.6
1. WHAT ACTION SHOULD THE SOCIAL SERVICES TAKE…
PAGE 258 LPC BUDDY
PAGE 237/238/237 textbook
Page 327 textbook para 14.2
Schedule 2 in the appendix starting on page 375 textbook
[appendix 1?]
Social services receive an allegation from a neighbour of
Mandy Belshaw that her two children Kerry aged 10 and
George aged 2 have been left out unsupervised late at night
and have been rummaging in bins for food.
Duty to identify a child in need:
SCHEDULE 2 IN THE APPENDIX PAGE 375 OF THE TEXTBOOK
The Local authority is under a duty to take reasonable steps to identify
the extent to which there are children in need within its area – section
17(2)
The definition of the child in need [section 17(10)
APPENDIX 1 PAGE 348 TEXTBOOK + 365
The relevant part of children in need is:
(a) ‘the child are unlikely to achieve or have the opportunity of achieving
or maintaining a reasonable standard of health or development without
the provision of services by a local authority.
(b)‘their health or development is likely to be significantly impaired or
further impaired without the provision for them of such services
(c) They are living with a disability
PAGE 237 OF THE TEXTBOOK
The relevant part of the section on the facts is (a) the child is unlikely
to achieve to maintain a reasonable standard of health of development
without the provisions of services by the LA and/or (b), their health or
development is likely to be significantly impaired or further impaired
without the provision for them of such services.
Duty to carry out an assessment [Section 47]
When the authority suspects the child is suffering or likely to suffer
significant harm, it must investigate the child’s circumstances [the
authority shall make or cause to be made such enquiries as they
consider necessary to enable them to decide whether they should take
any action to safeguard or promote the child’s welfare]
, In other words to enable them to decide whether they should take any
action to safeguard or promote the child’s welfare
PARA 14.3.2 TEXTBOOK
PAGE 365 APPENDIX 1 TEXTBOOK
Section 47 assessment procedure
To determine these matters, local authority will carry out a preliminary
assessment, speaking the family, including the child themselves as
soon as possible and obtaining relevant information from other
professionals involved with the family e.g. school teachers, doctor,
health visitor etc
As part of its investigation the authority should normally see the child.
The enquiries should involve a detailed assessment of the needs of the
child and their family
Child protection conference
Page 241 textbook
Unsure if this is a relevant answer for this question
2. WHAT SHOULD THE SOCIAL SERVICES DO NOW…
A social worker makes an appointment to see Mandy Belshaw
the following day. When he visits, he finds the house is filthy
and the electricity has been cut off. The children are dirty, and
he notices that Kerry’s teeth are brown and decayed. The
social worker is sure he can smell alcohol on Mandy’s breath
Mandy becomes quite tearful and says she cannot cope since
her husband, the children’s father left six months ago. She
says he left her for another woman and has refused to have
any contact with her and the children since then.
The children are very withdrawn and do not answer the social
worker when he tries to speak to them.
The social worker then contacts Kerry’s school with Mandy’s
agreement and the head teacher says that there has been a
deterioration in Kerry in the last few months. Her attendance
has been erratic and when she attends, she is unkempt and
dirty and has very poor concentration.
There have also been concerns that often when Mandy comes
to collect Kerry, she is drunk as she smells of alcohol and is
unsteady.
Children in need
, Having carried out the preliminary assessment and as outline above,
the social services will most likely decide that the children are children
in need for the purposes of section 17.
Safeguard and promote the welfare of the children
Having decided that the children are children in need this places the
duty on the local authority under section 17(1) of the Children Act.
This duty is to safeguard and promote the welfare of the children within
their area who are in need by providing a range and level of services
appropriate to the children’s needs.
Services that may be appropriate:
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The local authority retains discretion over what services it provides
On the facts, it may appropriate to -
(a) offer advice/guidance/counselling or some form of alcohol addition
support for Mandy.
(b)Additionally, the LA can provide Home help and facilities for assisting
M, for instance assistance and support for the day care for George and
after school care for Kerry as well as practical help in the home.
(c) A referral to a family centre in the local authority’s area where the
family can attend e.g. occupational and social activities and revise
advise, guidance, counselling etc
Under para 8, Sch 2, every local authority shall make such provisions
as they consider appropriate for the following services to available with
respect to children in need within their area while they are living with
their families –
(a) Advice, guidance and counselling
(b)Occupational, social, cultural or recreational activities
(c) Home help (which may include laundry facilities)
(d)Facilities for, or assistance with travelling to and from home for the
purposes of taking advantage of any other service provided under this
act or of any similar service
(e) Assistance to enable the children concerned and his family to have a
holiday
Appendix, sch 2, page 376
In support of the general duty under s 17 to provide services, local
authorities are given a number of specific duties, such as to provide
day-care services for pre-school children in need and to provide family
centres. The definition of a family centre in Sch 2, para 9 is a centre
that family members may attend for, among other things, advice,
guidance or counselling, and where they may be provided with
accommodation while receiving advice, guidance or counselling.
PAGE 238 TEXTBOOK