Family Law WS7 – Children Public Law Tiffany F
Children Public law
CHILDREN PUBLIC LAW - Ch 14
LA Support for Children and Families [Pt III, CA 1989 ]
- LA must provide certain services (especially for children in needs)
o Preliminary Assessments will be carried out by the LA to determine if a child is in need
o They have 1 working day to decide this
- LA must take reasonable steps through the provision of services to prevent children in its area suffering ill-
treatment or neglect
- Schedule 2 Para 4: duty to all children to provide services to prevent ill treatment or neglect and to take
reasonable steps to reduce need for care or supervision proceedings
- Schedule 2 Para 9 (2) – Area LA should provide a Family centre for i.e. assist to try and turn it around
Children in Child in need if: S.17(10)
Need a) He is unlikely to achieve or maintain, or to have the opportunity of achieving or
maintaining, a reasonable standard of health or development w/o provision for him of
S.17(10) services by LA; or
b) Health or development is likely to be significantly impaired , or further impaired, w/o the
provision for him of such services; or
c) He is disabled
( definition incudes those who may be prejudiced in the future )
[14.2.3] Development: physical, intellectual, emotional, social or behavioural development
Health: physical or mental
Disabled: blind, deaf, dumb, suffering from mental disorder, or substantially and permanently
handicapped by illness, injury of cognitive deformity
Child in need + provision of services = linked LA CANNOT refuse to provide service to an in need
child
But the LA does have discretion in determining what service to provide and at what level
(R v London Borough of Barnet, ex p B )
Duty to It is the duty of every LA: S.17
Children in a) To safeguard and promote the welfare of children within its area who are in need; and
Need (s17) b) So far as is consistent with that duty, to promote the upbringing of such children by their
families
By providing a range and level of services appropriate to those children’s needs
[14.2.3.2]
Any service provided by the authority to the child can also be provided to the child’s
family – if in the view of safeguarding or promoting the child’s welfare
Provisions of LA must provide accommodation for any child in need within its area if there is no person who
Accommodati has parental responsibility for him, he is lost or abandoned, or the person who has been
on (S20) caring for him is prevented from providing suitable accommodation or care.
[14.2.4] LA may not provide accommodation if anyone with parental responsibility, who is
Limits on
providing willing + able to provide accommodation, objects (if 2 parents have PR, 1 puts child
accommoda in care, the other can remove).
tion Right of objection does not extend to someone named in child
1
,Family Law WS7 – Children Public Law Tiffany F
arrangement order
Right to remove child does not apply where child is 16+ and child agrees to
being accommodated by the LA (S20(11))
(Coventry City Council v C, B, CA and CH): consent should be “fully informed”
There is no statutory time limit on the provision of s20 accommodation before
care proceedings are issued – though the courts warn of misuse:
(Kent County Council v M and K ]: Child awarded damages as was left under s20
accommodation for 3.5 years before care proceedings were issued
Preventing LA to ensure all those with parental responsibility are involved in the initial
removal negotiations + agree on the provisions of accommodation
from Always open to a person with PR to remove the child at any time without
accommoda notice
If risk of 1 parents seeking to remove child from LA suggest other seeks
tion
child arrangement order naming them as person with whom child is to live
to prevent removal – which can be granted without notice – (s9(2))
If both parents are seeking the child’s return (or the above is inappropriate) – and
this isn’t in the child’s best interests = LA can apply for an EPO or Interim Care
Order
Children Children in care or provided with accommodation (for 24+ hours) are ‘looked after’ by LA. ( includes
‘looked after’ children accommodated by LA under EPO or police protection)
by a LA When ‘looking after’ child, LA acting in parental role under a duty to safeguard and
promote the child’s welfare + to make use of services available for children (Pt III)
LA (where reasonably practicable) must find out the wishes and feelings of the child,
[14.2.5] parents and any other relevant person:
o Including consideration to religion persuasion, racial origin and cultural and linguistic
backgrounds
Where the child is located is of crucial importance:
consideration should be given to the practicality of accommodating the child with family –
if not, then consideration should be given to placing the child near home
Significance So far as is consistent with child’s welfare, LA’s duty under s.17 is to promote the upbringing of the
of the child by his family through the provision of services.
Provision of
Services LA should not initiate care proceedings unless there is clear evidence that the provision of
services has failed to meet the child’s needs, or is likely to be unsuccessful in meeting them.
Better to advice parents to co-operate and throw onus on LA to show it has done everything
[14.2.6] reasonable to assist the child + parents.
LA should be required to explain:
a) What steps it took to identify the child as being in need;
b) What its plans are if a care order is made – in particular, what services it would then provide
that it could not provide without a court order
c) What evidence there is that what the LA is seeking to achieve by means of a court order
could not be more satisfactorily achieved by the provision of appropriate services, with the
child remaining at home
Re K ( Supervision orders) – wrong to make a supervision order where duties imposed on LA would
sufficiently meet child’s needs
2
, Family Law WS7 – Children Public Law Tiffany F
Challenging No specific provision in Pt III for compelling a LA to provide services – cannot get a specific issue
the LA order for this purpose – but the LA powers and duties can be subject to judicial review (Re J )
Complaints Every LA must have a procedure for considering representations about the
procedure discharge of any of its functions under Pt III
(s26) If dissatisfied with the LA’s response - the complainant can require that the
[14.2.7] matter be recommended to a review panel if LA fails to follow panel’s
recommendation actions may be subject to judicial review
Judicial Only in exceptional circumstances where the statutory right of appeal
Review under the complaints procedure has been not been exhausted : R v
London Borough of Brent
Unlikely to succeed if there has been a genuine and fair consultation
But if successful – the LA decision will be quashed and the options will be
considered again
Re T : court confirmed it could only direct the LA to reconsider its services –
it cannot direct the LA to take a particular course
Preventing Neglect or Abuse [14.3]
Types Abuse
o Physical, emotional and sexual
Neglect
Court- Court has NO POWER to direct LA to commence proceedings for care or supervision order
directed
Investigations HOWEVER in any family proceedings where court is considering the child’s welfare, it appears
(s37) to the court that it may be appropriate for a care or supervision order to be made, the court
MAY direct the LA to investigate the child’s circumstances
Childs welfare is paramount in deciding a s37 direction - Appendix 1(e)
[14.3.1]
Exception to the general rule:
The court can make an interim care or supervision order per s38 [see interim orders below]
When undertaking an investigation the LA must consider whether to apply for a care or
supervision order, provide service or assistance or any other action
Must inform court in 8 weeks if decide to take no action
LA When child subject to an emergency protection order, in police protection or where the LA
Investigations suspects the child is suffering/is likely to suffer significant harm, it MUST investigate the
(s47) child’s circumstances – Appen 1(e)
[14.3.2] Fuller investigation than a s17 investigation - enquiries should involve detailed assessment
of needs of the child and his family and may lead to the provision of services under PT III
including an offer of accommodation.
Alternatively , may decide s.38 is necessary
Needs to be the ‘significant harm’ element
LA should see the child. If refused, or denied info as to kids whereabouts, authority must
make application to the court unless satisfied that his welfare can be safeguarded without
such an order : S.47(6)
3
Children Public law
CHILDREN PUBLIC LAW - Ch 14
LA Support for Children and Families [Pt III, CA 1989 ]
- LA must provide certain services (especially for children in needs)
o Preliminary Assessments will be carried out by the LA to determine if a child is in need
o They have 1 working day to decide this
- LA must take reasonable steps through the provision of services to prevent children in its area suffering ill-
treatment or neglect
- Schedule 2 Para 4: duty to all children to provide services to prevent ill treatment or neglect and to take
reasonable steps to reduce need for care or supervision proceedings
- Schedule 2 Para 9 (2) – Area LA should provide a Family centre for i.e. assist to try and turn it around
Children in Child in need if: S.17(10)
Need a) He is unlikely to achieve or maintain, or to have the opportunity of achieving or
maintaining, a reasonable standard of health or development w/o provision for him of
S.17(10) services by LA; or
b) Health or development is likely to be significantly impaired , or further impaired, w/o the
provision for him of such services; or
c) He is disabled
( definition incudes those who may be prejudiced in the future )
[14.2.3] Development: physical, intellectual, emotional, social or behavioural development
Health: physical or mental
Disabled: blind, deaf, dumb, suffering from mental disorder, or substantially and permanently
handicapped by illness, injury of cognitive deformity
Child in need + provision of services = linked LA CANNOT refuse to provide service to an in need
child
But the LA does have discretion in determining what service to provide and at what level
(R v London Borough of Barnet, ex p B )
Duty to It is the duty of every LA: S.17
Children in a) To safeguard and promote the welfare of children within its area who are in need; and
Need (s17) b) So far as is consistent with that duty, to promote the upbringing of such children by their
families
By providing a range and level of services appropriate to those children’s needs
[14.2.3.2]
Any service provided by the authority to the child can also be provided to the child’s
family – if in the view of safeguarding or promoting the child’s welfare
Provisions of LA must provide accommodation for any child in need within its area if there is no person who
Accommodati has parental responsibility for him, he is lost or abandoned, or the person who has been
on (S20) caring for him is prevented from providing suitable accommodation or care.
[14.2.4] LA may not provide accommodation if anyone with parental responsibility, who is
Limits on
providing willing + able to provide accommodation, objects (if 2 parents have PR, 1 puts child
accommoda in care, the other can remove).
tion Right of objection does not extend to someone named in child
1
,Family Law WS7 – Children Public Law Tiffany F
arrangement order
Right to remove child does not apply where child is 16+ and child agrees to
being accommodated by the LA (S20(11))
(Coventry City Council v C, B, CA and CH): consent should be “fully informed”
There is no statutory time limit on the provision of s20 accommodation before
care proceedings are issued – though the courts warn of misuse:
(Kent County Council v M and K ]: Child awarded damages as was left under s20
accommodation for 3.5 years before care proceedings were issued
Preventing LA to ensure all those with parental responsibility are involved in the initial
removal negotiations + agree on the provisions of accommodation
from Always open to a person with PR to remove the child at any time without
accommoda notice
If risk of 1 parents seeking to remove child from LA suggest other seeks
tion
child arrangement order naming them as person with whom child is to live
to prevent removal – which can be granted without notice – (s9(2))
If both parents are seeking the child’s return (or the above is inappropriate) – and
this isn’t in the child’s best interests = LA can apply for an EPO or Interim Care
Order
Children Children in care or provided with accommodation (for 24+ hours) are ‘looked after’ by LA. ( includes
‘looked after’ children accommodated by LA under EPO or police protection)
by a LA When ‘looking after’ child, LA acting in parental role under a duty to safeguard and
promote the child’s welfare + to make use of services available for children (Pt III)
LA (where reasonably practicable) must find out the wishes and feelings of the child,
[14.2.5] parents and any other relevant person:
o Including consideration to religion persuasion, racial origin and cultural and linguistic
backgrounds
Where the child is located is of crucial importance:
consideration should be given to the practicality of accommodating the child with family –
if not, then consideration should be given to placing the child near home
Significance So far as is consistent with child’s welfare, LA’s duty under s.17 is to promote the upbringing of the
of the child by his family through the provision of services.
Provision of
Services LA should not initiate care proceedings unless there is clear evidence that the provision of
services has failed to meet the child’s needs, or is likely to be unsuccessful in meeting them.
Better to advice parents to co-operate and throw onus on LA to show it has done everything
[14.2.6] reasonable to assist the child + parents.
LA should be required to explain:
a) What steps it took to identify the child as being in need;
b) What its plans are if a care order is made – in particular, what services it would then provide
that it could not provide without a court order
c) What evidence there is that what the LA is seeking to achieve by means of a court order
could not be more satisfactorily achieved by the provision of appropriate services, with the
child remaining at home
Re K ( Supervision orders) – wrong to make a supervision order where duties imposed on LA would
sufficiently meet child’s needs
2
, Family Law WS7 – Children Public Law Tiffany F
Challenging No specific provision in Pt III for compelling a LA to provide services – cannot get a specific issue
the LA order for this purpose – but the LA powers and duties can be subject to judicial review (Re J )
Complaints Every LA must have a procedure for considering representations about the
procedure discharge of any of its functions under Pt III
(s26) If dissatisfied with the LA’s response - the complainant can require that the
[14.2.7] matter be recommended to a review panel if LA fails to follow panel’s
recommendation actions may be subject to judicial review
Judicial Only in exceptional circumstances where the statutory right of appeal
Review under the complaints procedure has been not been exhausted : R v
London Borough of Brent
Unlikely to succeed if there has been a genuine and fair consultation
But if successful – the LA decision will be quashed and the options will be
considered again
Re T : court confirmed it could only direct the LA to reconsider its services –
it cannot direct the LA to take a particular course
Preventing Neglect or Abuse [14.3]
Types Abuse
o Physical, emotional and sexual
Neglect
Court- Court has NO POWER to direct LA to commence proceedings for care or supervision order
directed
Investigations HOWEVER in any family proceedings where court is considering the child’s welfare, it appears
(s37) to the court that it may be appropriate for a care or supervision order to be made, the court
MAY direct the LA to investigate the child’s circumstances
Childs welfare is paramount in deciding a s37 direction - Appendix 1(e)
[14.3.1]
Exception to the general rule:
The court can make an interim care or supervision order per s38 [see interim orders below]
When undertaking an investigation the LA must consider whether to apply for a care or
supervision order, provide service or assistance or any other action
Must inform court in 8 weeks if decide to take no action
LA When child subject to an emergency protection order, in police protection or where the LA
Investigations suspects the child is suffering/is likely to suffer significant harm, it MUST investigate the
(s47) child’s circumstances – Appen 1(e)
[14.3.2] Fuller investigation than a s17 investigation - enquiries should involve detailed assessment
of needs of the child and his family and may lead to the provision of services under PT III
including an offer of accommodation.
Alternatively , may decide s.38 is necessary
Needs to be the ‘significant harm’ element
LA should see the child. If refused, or denied info as to kids whereabouts, authority must
make application to the court unless satisfied that his welfare can be safeguarded without
such an order : S.47(6)
3
