No. 29: The Children Act (1989)
Contents
Section 17, Child in need
Each local authority has a duty to “safeguard and promote the welfare” of children who are assessed as being in need. A child is deemed as “in need” if they are disabled or unlikely to achieve a reasonable standard of health or development unless services are provided. The local authority has a duty to provide or facilitate others to provide services for children in need. Local authorities can provide a range of services for children who are ‘in need’. Such services are intended to provide support and help to families. The local authority must provide day care for children in need who are under the age of five and not attending school if appropriate.
Section 47
Section 47 enquiries place a duty on the local authority to investigate and other agencies to cooperate where there is reasonable cause to suspect a child is suffering or is likely to suffer significant harm and decide whether and what type of action is required to safeguard and promote the welfare of a child who is suspected of suffering significant harm.
Reports go into the MASH process where a decision is made in a multi-agency arena that significant harm is proven and the case will be passed to the locality office to carry out an initial assessment on the family. This can be done via a strategy meeting or under joint investigation.
School should be consulted as part of the initial assessment and this assessment may result in a Child Protection Case Conference, referral to Early Help or closure.
Social Care are the lead agency when s47 enquiries are being undertaken. These enquiries may run on their own or alongside police investigations. When joint enquiries do take place the welfare of the child is paramount.
If, during the course of s47 enquiries, further concerns arise of a different nature from those already being assessed, then a further strategy meeting must be held to discuss these and plan how to ensure they are adequately addressed.
S47 Assessments follow a similar format to other assessments incorporating a risk assessment.
Police and social workers carrying out the child protection enquiry should do their utmost to get co-operation and participation from family members and other professionals. They should be prepared to explain and justify their actions and demonstrate how their actions will benefit the child.
It is not necessary to get the family’s consent to make enquiries of other professionals involved with the child, but the relationship with parents will be much better if they have given consent.
Section 31, Care Order
The court can create a care order under Section 31(1) (a) of the Children Act, placing a child in the care of a designated local authority, with parental responsibility being shared between the parents and the local authority.
Section 20
Provides the local authority with the power to provide accommodation for children without a court order when they do not have somewhere suitable to live. It is widely known as voluntary accommodation because the parents must agree to the child being accommodated.
Section 44
An application can be made to the court for an emergency protection order (EPO) if it is believed a child is likely to suffer significant harm if they are not taken to, or remain in, a place of safety. The name and a description of the child should be provided to court upon application if possible. The order gives the local authority parental responsibly for the child though this should only be exercised as required to safeguard or promote the welfare of the child. As part of the order, the court can direct contact conditions and medical examinations of the child. The local authority has the power to return the child if it is assessed it is safe for the child to return home. It is an offense to obstruct someone who is carrying out the directions of the court in the case of an emergency protection order.
Section 46, Police protection provisions
If there are concerns about a child suffering significant harm the police have the power to ensure that child is removed to, or remains in, a place of safety for up to 72 hours. They do not require a court order, but they must ensure that the local authority is informed and the child is accommodated appropriately.
Further information:
Personal Education Plans can be obtained from the Devon County Council website.
The Virtual School supports all children in care who are living in Devon or who are looked after by Devon but living in another part of the country. The Virtual School team contact:
- educationofchildrenincare-mailbox@devon.gov.uk
- Virtual School Administrator, Kate Clarke on 01392 384786
- Virtual School webpage
Support for the child:
- ‘Stand up, Speak up’ website which allows Children in Care and Care leavers to share their experiences
- ‘Mind of my own’ website to contact their social worker or the social work team
For full information regarding the law
Further information on Devon’s strategy can be found on the Devon Children and Families Partnership website.