3.2 Provision of Support and Services for Children in Need

1. Statutory Requirements for Children in Need

Under section 17 Children Act 1989, local authorities are under a general duty to provide services for children in need for the purposes of safeguarding and promoting their welfare. A child in need is defined under section 17 as:

a child who is unlikely to achieve or maintain a reasonable level of health or development, or whose health and development is likely to be significantly or further impaired without the provision of services, or a child who is disabled.

Local authorities can also ask other agencies to assist in the delivery of support and services under section 17 of the Children Act 1989, but those agencies are under no legal obligation to do so. However, whilst the duty to deliver support and services under section 17 of the Children Act 1989 is with the local authority, other safeguarding partners may play a critical role in the delivery of services for children and their families. Local safeguarding partners are responsible for setting the strategic direction, vision, and culture of the local multi-agency safeguarding arrangements, including agreeing and reviewing shared priorities, and the resources required to deliver services effectively.

Some children in need may require accommodation because there is no one who has parental responsibility for them, they are lost or abandoned, or the person who has been caring for them is prevented from providing them with suitable accommodation or care. Under section 20 of the Children Act 1989, the local authority has a duty to accommodate such children in need in their area.

Where a child in need is approaching 18 years of age, this transition point should be planned for in advance. This includes where children are likely to transition between child and adult services.

2. Assessment under Section 17

To fulfil this duty, practitioners undertake assessments of the needs of individual children, giving due regard to a child’s age and understanding when determining what, if any, services to provide. Following acceptance of a referral by local authority children’s social care, a social work qualified practice supervisor or manager should initiate a multi-agency assessment under section 17 of the Children Act 1989. The assessment should be led by a lead practitioner and approved by a social work qualified practice supervisor or manager. Local authorities have a duty to ascertain the child’s wishes and feelings and take account of them when planning the provision of services.

For the assessment process, see the Assessments chapter.

Every assessment must be informed by the views of the child as well as the family, and a child’s wishes and feelings must be sought regarding the provision of services to be delivered. Where possible, children should be seen alone. Where a child requests to be seen with a trusted adult, this should be supported. A child’s communication needs should be taken into account.

When assessing children in need and providing services, specialist assessments may be required and, where possible, should be co-ordinated so that the child and family experience a coherent process and a single plan of action.

2.1 Timeliness

Assessments should be carried out in a timely manner reflecting the needs of the individual child.

2.2 Purpose

Assessments should determine whether the child is in need, the nature of any services required and whether any specialist assessments should be undertaken to assist the local authority in its decision-making.

Where information gathered during an assessment result in the lead practitioner and social work qualified practice supervisor or manager suspecting that the child is suffering or likely to suffer significant harm, the local authority should hold a strategy discussion to enable it to decide, with other agencies, whether it must initiate enquiries under section 47 of the Children Act 1989 (see Strategy Discussions chapter).

3. Child in Need Plan

Where the local authority children’s social care decides to provide services, a multi-agency child in need plan should be developed which sets out which organisations and agencies will provide which services to the child and family.

The plan should set clear measurable outcomes for the child and expectations for the parents. The plan should reflect the positive aspects of the family situation as well as the weaknesses, acknowledging any factors beyond the family that may be undermining their capacity to parent or keep their child safe.

4. Child in Need Moving to Another Local Authority Area

See Local Transfer Protocol

Where a child in need has moved permanently to another local authority area, the original local authority should ensure that all relevant information (including the child in need plan) is shared with the receiving local authority as soon as possible. The receiving local authority should consider whether support services are still required and discuss with the child and family what might be needed, based on a timely reassessment of the child’s needs. Support should continue to be provided by the original local authority in the intervening period. The receiving local authority should work with the original local authority to ensure that any changes to the services and support provided are managed carefully.