The Children Act 1989 is a key piece of legislation in the UK, designed to safeguard children and promote their welfare. It outlines the responsibilities of parents, local authorities, and the courts in ensuring that children are supported, both within their families and by the state.
What is a Child in Need?
A ‘Child in Need’ refers to a child who, due to disability or other circumstances, may not achieve a reasonable standard of health or development without additional support. In these cases, the local authority has a legal duty to assess the child’s situation and provide necessary services to support their wellbeing.
The Legal Definition
Under Section 17 of the Children Act 1989, a child is defined as ‘in need’ if they are:
– Unlikely to achieve or maintain a reasonable standard of health or development without Local Authority support
– At risk of having their health or development significantly impaired without support
– Living with a disability
Examples of children who may be classified as in need include those with SEND, young carers, asylum seekers, children with a parent in prison, or those who have committed a crime.
Requesting a Child in Need Assessment
Anyone can request an assessment under Section 17 by writing to Children’s Services. A GP or health visitor can also make a referral on your behalf. The local authority will then carry out an assessment that reviews the child’s needs and the family’s ability to meet those needs.
What is Considered in the Assessment?
The assessment considers:
– The child’s development
– Parental capacity and response to needs
– Impact of family environment and history
– Domestic abuse or other risks
– Other children in the household who may be affected
What Happens After the Assessment?
If the child is found to be in need, a plan will be developed. This ‘Child in Need Plan’ sets out:
– What is working well within the family
– The type of support required and why
– Agencies responsible for providing support
– Actions expected from the child or family
– Expected outcomes and timeframe
– Review points (initially within 3 months, then every 6 months)
Types of Support Available
Support provided will depend on the child’s needs. Examples include:
– Day-care facilities for children under 5
– Cultural, social, and recreational opportunities
– Respite care for parents
– Financial help or guidance
– Access to family centres
– Help with holidays or accommodation
Contact Waldrons Solicitors
At Waldrons, our experienced child care law solicitors are here to support you. If you believe your child may be ‘in need’ or want to understand your legal rights, contact us today for advice.
