Public child law
Is the child a ‘Child in Need’?
LA’s has responsibilities under the CA to provide services and help to children classed as ‘children in need’ and so will need
to make an assessment of ‘x’ to then determine what services they should provide.
Under s17 CA, a child will be in need if:
They are unlikely to achieve or maintain, or have the opportunity to achieve and maintain, a reasonable standard
of health or development without services being provided to them, or
Their health or development is likely to be significantly impaired, or further impaired, without services being
provided to them, or
The child is disabled.
Development under s17(11) is very wide and includes: mental / emotional / physical / intellectual / behavioural…
NOTE: this will cover a child suffering now, and one which may suffer in the future
APPLY
If the LA think the child is a child in need, they under s17 the LA has a duty to:
Safeguard the child and promote the child’s welfare
And promote the upbringing of the child by the child’s family
And this will be done by providing services to the child.
Should the LA conduct an investigation?
Under s47, the CA imposes a duty on the LA to investigate a child’s welfare and circumstances whenever:
The LA is informed that a child living its area is:
o Subject to an emergency protection order, or
o Is in police protection, or
o When the LA suspects the child is suffering of likely to suffer significant harm
S37 CA also creates a duty to investigate when the court directs the LA to within family proceedings.
APPLY – under s47, which one applies?
What should the investigation include? (Assessment of the child & its family)
If access to the child is being unreasonably refused or information is being withheld then the LA must make an application
to the court unless satisfied that the child’s welfare can be safeguarded without such an order (s47(6).
What will the investigation conclude? Are services needed?
Is the provision of accommodation needed?
Under s20 CA, the LA must provide accommodation for any child in need if:
There is no person who has PR for the child
The child is lost or abandoned
The person who cares for the child is prevented (for whatever reason) from providing the child with suitable
accommodation or care.
APPLY
*Coventry City Council v C, B CA & CH – wherever possible, the parents should be informed, and consent given. The LA
should not provide accommodation if any person with PR who is able to care for the child objects.
Any person with PR can remove the child from accommodation at any point without notice being given.
Person with PR cannot object to the provision of accommodation if a person who is named in a CAO as who the
child should live with agrees to the child being accommodated.
If ‘x’ is worried ‘y’ will remove child – ‘x’ could get a CAO naming them as who child lives with to prevent removal.
If the LA are concerned both parents will remove the child – LA could apply for EPO / interim care order.
Person with PR cannot remove the child if the child is 16 or over and agrees to be accommodated for (s20(11))
When LA provides accommodation – child is there for a continuous period of more than 24 hours + LA has PR and under a
duty to safeguard and promote the child’s welfare and provide other services
Now what should the LA do? Are further services needed?
Is the child a ‘Child in Need’?
LA’s has responsibilities under the CA to provide services and help to children classed as ‘children in need’ and so will need
to make an assessment of ‘x’ to then determine what services they should provide.
Under s17 CA, a child will be in need if:
They are unlikely to achieve or maintain, or have the opportunity to achieve and maintain, a reasonable standard
of health or development without services being provided to them, or
Their health or development is likely to be significantly impaired, or further impaired, without services being
provided to them, or
The child is disabled.
Development under s17(11) is very wide and includes: mental / emotional / physical / intellectual / behavioural…
NOTE: this will cover a child suffering now, and one which may suffer in the future
APPLY
If the LA think the child is a child in need, they under s17 the LA has a duty to:
Safeguard the child and promote the child’s welfare
And promote the upbringing of the child by the child’s family
And this will be done by providing services to the child.
Should the LA conduct an investigation?
Under s47, the CA imposes a duty on the LA to investigate a child’s welfare and circumstances whenever:
The LA is informed that a child living its area is:
o Subject to an emergency protection order, or
o Is in police protection, or
o When the LA suspects the child is suffering of likely to suffer significant harm
S37 CA also creates a duty to investigate when the court directs the LA to within family proceedings.
APPLY – under s47, which one applies?
What should the investigation include? (Assessment of the child & its family)
If access to the child is being unreasonably refused or information is being withheld then the LA must make an application
to the court unless satisfied that the child’s welfare can be safeguarded without such an order (s47(6).
What will the investigation conclude? Are services needed?
Is the provision of accommodation needed?
Under s20 CA, the LA must provide accommodation for any child in need if:
There is no person who has PR for the child
The child is lost or abandoned
The person who cares for the child is prevented (for whatever reason) from providing the child with suitable
accommodation or care.
APPLY
*Coventry City Council v C, B CA & CH – wherever possible, the parents should be informed, and consent given. The LA
should not provide accommodation if any person with PR who is able to care for the child objects.
Any person with PR can remove the child from accommodation at any point without notice being given.
Person with PR cannot object to the provision of accommodation if a person who is named in a CAO as who the
child should live with agrees to the child being accommodated.
If ‘x’ is worried ‘y’ will remove child – ‘x’ could get a CAO naming them as who child lives with to prevent removal.
If the LA are concerned both parents will remove the child – LA could apply for EPO / interim care order.
Person with PR cannot remove the child if the child is 16 or over and agrees to be accommodated for (s20(11))
When LA provides accommodation – child is there for a continuous period of more than 24 hours + LA has PR and under a
duty to safeguard and promote the child’s welfare and provide other services
Now what should the LA do? Are further services needed?
