Child in need - childlawadvice.org.uk (2024)

This page explains the duty of Children’s Services under section 17 Children Act 1989 to provide services to children in need in their area. It explains the definition of a child in need, the assessment process and child in need plans and the types of services available.

All children and young people are unique and have differing needs. Similarly, parents also differ in their capability to respond to and meet their child’s needs.

Children’s Services are expected to provide help and support to children in their area as part of a continuum:

  • Early Help services
  • Section 17ChildrenAct1989 support for more complex needs
  • Action under section 47 if there is reasonable cause to suspect that a child is suffering or likely to suffer significant harm.

A ‘child in need‘ assessment under section 17 will identify the needs of the child and ensure that the family are given the appropriate support in enabling them to safeguard and promote the child’s welfare.

What is the legal definition of a child in need?

Under Section 17 Children Act 1989, a child will be considered in need if:

  • they areunlikely to achieve or maintain or to have the opportunity to achieve or maintain a reasonable standard of health or development without provision of services from the Local Authority;
  • theirhealth or development is likely to be significantly impaired, or further impaired, without the provision of services from the Local Authority;
  • theyhave a disability.

Disability includes blindness, deafness or dumbness, mental disorders and permanent illnesses, injuries or congenital deformities.

Children in need may be:

  • children with SEND;
  • young carers (see our page on Young Carers);
  • children who have committed a crime;
  • children whose parents are in prison; or
  • asylum seeking children.

What is the duty of Children’s Services under section 17 to a child in need?

It shall be the general duty of every Local Authority:

  • to safeguard and promote the welfare of children within their area who are in need; and
  • so far as is reasonably 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.

Local authorities are only under a duty in relation to a child within their area.However, ‘within their area’ simply means that a child has to be physically present in the geographical area of the Local Authority to trigger the section 17 duty.

Any service provided by a LocalAuthority may be provided for the family of a particular child in need or for any family member, if it is provided with a view to safeguarding or promoting the child’s welfare (section 17 (3)).

How can a request be made for a child in need assessment?

We advise that a request for a section 17 assessment be made in writing and that the correspondence make particular reference to the child’s needs and the type of support which is required.

Each Local Safeguarding Children Board must produce a threshold document which sets out the criteria and level of need for when a case should be referred to social care for an assessment.

A parent or child can also ask a doctor, GP, health visitor to contact Children’s Services on their behalf.

What will be considered as part of a child in need assessment?

The assessment will address the following questions:

  • What are the developmental needs of the child?
  • Are the parents able to respond appropriately to the child’s identified needs?
  • Do the parents have the capacity to respond to the child’s needs?
  • Are the parents able to promote the child’s health and development?
  • What impact are the family functioning and history, the wider family and environmental factors having on the parents’ capacity to respond to their child’s needs and the child’s developmental progress?
  • Is there any evidence of domestic violence?
  • Are there any other children in the household or elsewhere who should be included in theassessment?

What is a child in need plan?

A child in need plan will contain the support which is being provided to a child and/or family by Children’s Services.

The plan should set out:

  • what is working well within the family;
  • what support is required and why;
  • which agencies will provide the required services;
  • what the child and/or family agree to do;
  • what the expected outcomes are;
  • what the timeframe of the plan is and when it will be reviewed. The first review should be held within 3 months of the start of the child in need plan and further reviews should take place at least every 6 months thereafter.

Which type of support can be provided to a child in need?

The Local Authority can provide a range of services for a child in need. These can include:

  • day care facilities for children under 5;
  • advice, guidance and counselling;
  • occupational, social, cultural and recreational activities;
  • assistance for the child and family to have a holiday;
  • family centres, whereparents can receive family support and practical parenting advice, while children have a safe space to play;
  • financial assistance, which may be in the form of a loan, a cash payment, or payment in kind, for example, vouchers for a particular shop, or an item of food, clothing or furniture;
  • respite care (temporary relief care for the family, where the childrenare placed with a carer on a regular or one-off basis); and
  • accommodation.

Going further

If you wish to initiate a complaint against Children’s Services, detailed informationcan be found in ourHow-to Guide. Please note that a fee is charged for this service.

This information is correct at the time of writing, 16th June 2022. The law in this area is subject to change.

Coram Children’s Legal Centre cannot be held responsible if changes to the law outdate this publication. Individuals may print or photocopy information in CCLC publications for their personal use.

Professionals, organisations and institutions must obtain permission from the CCLC to print or photocopy our publications in full or in part.

This information is correct at the time of writing, 16th June 2022. The law in this area is subject to change.

Coram Children’s Legal Centre cannot be held responsible if changes to the law outdate this publication. Individuals may print or photocopy information in CCLC publications for their personal use.

Professionals, organisations and institutions must obtain permission from the CCLC to print or photocopy our publications in full or in part.

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Child in need - childlawadvice.org.uk (2024)

FAQs

Is a child in need plan serious? ›

A Child in Need plan (CIN) can be produced for a child who has need of extra support for his safety, health and/or development, such as a child who has disabilities. Sometimes, if you are finding it difficult to meet all your child's needs, for whatever reason you may be able to get some support to help you.

What is a Section 17 child in need? ›

Section 17 of the Act places a general duty on all local authorities to 'safeguard and promote the welfare of children within their area who are in need. ' Basically, a 'child in need' is a child who needs additional support from the local authority to meet their potential.

What happens on a child in need plan? ›

Children in Need (CIN) Plan - A CIN Plan is drawn up following a Single Assessment which identifies the child as having complex needs and where a coordinated response is needed in order that the child's needs can be met.

How long does child in need plan last? ›

A Child in Need Plan will be developed in a Child in Need Planning Meeting. Most Child in Need Plans will envisage that Children's Services intervention will end within 12 months. However, some children and families may require longer term support, for example children with disabilities.

How often should a child be seen on a child in need plan? ›

A review Child in Need meeting will be held at least every 6 weeks. Visits should be at least every 20 working days. The visit frequency must be agreed within the initial Child in Need meeting and must take into consideration the unique situation of the child and family.

What comes after child in need? ›

A strategy meeting is held if the Child in Need plan is breached or there are concerns of significant harm in relation to a child. The Social Worker will submit a request for a Multi-Agency meeting within 5 days.

What is a Section 47 children? ›

A Section 47 Enquiry might also be referred to as a Child Protection enquiry, a Child Protection Investigation, or an S47. These investigations are carried out to assess if there is the risk of significant harm to a child (or children).

What is Section 47 of the children's Act? ›

47Local authority's duty to investigate

the authority shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child's welfare.

What is a Section 47 report family law? ›

A Section 47 Report is a court directed report with a court appointed assessor, who is a mental health professional. The assessment involves a study of the family. The purpose of the report is to determine any question affecting the welfare of any party and their children to the proceedings.

What happens after a child in need assessment? ›

After meeting with you and your child and assessing any other relevant information, the social worker can decide what help you need. We may recommend our services or services from other professionals to you.

What support does children in need offer? ›

This programme provides struggling families with items that meet children's most basic needs, such as a bed to sleep in, a cooker to give them a hot meal or clothing in a crisis.

How much do you get from children in need? ›

Over the last four decades, since the launch of the che charity appeal as we know it today, Children In Need has raised over £1 billion for children and young people in the UK. In total, £1,569,978,236 has been raised from 1980 to 2021.

What is the difference between a child in need plan and a child protection plan? ›

It could be a child on a child protection plan is being visited at the statutory minimum, but you could have a child on a child in need plan where it's more important to get in and do that work because they are hitting crisis.” However, Birchall says thresholds are still important for referrals from partners.

Can you refuse a child in need assessment? ›

Yes. Child in need assessments are voluntary. This means that parents or carers do not have to agree to have an assessment. Remember, a child in need assessment aims to find out what extra help and services a child and their family need.

Who attends child in need meeting? ›

All Child in Need Planning Meetings should be attended by the child (depending on age and understanding), parents/carers and those agencies whose potential/actual contribution is recommended as an outcome of an assessment.

How do you chair a child in a need meeting? ›

Chairing: The meeting is chaired in an informal and friendly way, where possible and the needs of the child/children subject to the plan are considered at all times through discussion and review. The chair will ensure that the voice of the child/children in question is heard throughout the meeting.

How long does a child in need assessment take? ›

The assessment can take place within your family home, our offices or somewhere else depending on the situation of your child. This assessment should be completed within 45 working days of the referral being accepted by Children's Services.

What is the child in need process? ›

A Child in Need Planning Meeting may take place when a child and family social work single assessment has identified that a package of family support is required to meet the child's needs in accordance with Section 17 of the Children Act 1989.

What are the 4 levels of need? ›

  • Introduction. ...
  • Who should use this document? ...
  • The Levels of Need. ...
  • Trafford Strategic Safeguarding Partnership. ...
  • Level 1: Universal Services. ...
  • Level 2: Early Help / Prevention. ...
  • Level 3: Intensive Family Support. ...
  • Level 4: Child in Need.

What is a Section 37 children? ›

A section 37 report is prepared when the courts become concerned surrounding the welfare of a child. The courts will order a section 37 report to address their concerns and essentially are asking the local authority to consider whether it should be taking further steps to protect a child.

What is a Section 20 child? ›

Under section 20 of the Children Act 1989, children's services must provide accommodation to certain children in need in their area. Section 20 is used to accommodate children who are unable to live with their parents.

What is a Section 21 in child protection? ›

21 Provision of accommodation for children in police protection or detention or on remand, etc. E+W. (1)Every local authority shall make provision for the reception and accommodation of children who are removed or kept away from home under Part V.

What is a Section 27 child protection? ›

Section 27 imposes a duty on other local authorities, local authority housing services and. health bodies to co-operate with a local authority in the exercise of that authority's duties. under Part 3 of the Act which relate to local authority support for children and families.

What is Section 44 of the children's Act? ›

Under Section 44 of the Children Act 1989, the Local Authority can apply for an Emergency Protection Order (EPO) where there are reasonable grounds for believing there is an immediate risk of Significant Harm to a child. Applications will usually be made to the Family Proceedings Court.

What is Section 41 of the children's Act? ›

Section 41 of the Children and Families Act 2014 (the Act) allows the Secretary of State ( SoS ), by order, to publish a list of approved independent special schools and special post-16 institutions. Institutions can only be included on the list with their consent.

What is a section 62G family report? ›

What is a Family Report? A Family Report is ordered by a registrar or a judge under Section 62G of the Family Law Act 1975. A Family Report is prepared by a family consultant. This could either be a Court Child Expert, practicing under their appointment as a family consultant, or a Regulation 7 Family Consultant.

What is a Section 32 report family law? ›

SECTION 32 REPORT

The most common type of Report under this category is what is known simply as a “Voice of the Child” Report. Such a report will simply provide the child's opinion and views to the court. It normally involves one or two meetings between the child and the assessor.

What is the difference between section 17 and section 47? ›

To decide whether the child is a child in need (section 17) or is suffering or likely to suffer significant harm (section 47); To provide support to address those needs to improve the child's outcomes and welfare and where necessary to make them safe.

What comes after the needs assessment? ›

Root cause analysis occurs: After gathering and analyzing data through the needs assessment process. Before determining Actions and Services for the LCAP.

What is the outcome of a needs assessment? ›

A needs assessment helps you determine what needs to be accomplished to reach your project goals. This assessment of needs then informs a project's overall plan and approaches by helping you identify targeted strategies and prioritize resources.

Does a child in need plan support the family? ›

' If a social work assessment has recommended a “Child In Need plan” then support from Children's Social Care will be offered to your family, with the help of other agencies.

Do children in need get all the money? ›

Once allocated, we don't give out the money to projects all at once. We pay out the money in instalments over the lifetime of the grant so that we can do some checks and balances and make sure the cash is really doing what it's supposed to, making a difference to young lives.

What is Children in Need 2022? ›

When is Children in Need 2022? Children in Need Appeal Night Show will air on BBC One and iPlayer from 7 pm to 10 pm tonight (November 18). The night is set to be jam-packed with exciting performances, music, sketches, and more.

How much does children in need usually raise? ›

BBC Children in Need's 2022 appeal raised over £35m on the night of its annual telethon, which is £4m less than last year.

How much did Children In Need make in 2022? ›

BBC Children in Need's 2022 Great SPOTacular Appeal show saw the UK public once again going above and beyond to support children and young people across the UK to thrive and be the best they can be, raising a whopping £35million during the charity's 42nd Appeal show.

What is the highest amount Children In Need? ›

Children in Need announces highest ever fundraising total of £60 Million - BBC Children in Need.

How much does the government give you per child UK? ›

If you're eligible you'll get £21.80 a week for your first child and £14.45 a week for any children after that. You can claim Child Benefit if: you're 'responsible for the child'

What are the 4 categories for child protection? ›

There are four main categories of child abuse: physical abuse, emotional abuse, sexual abuse and neglect. Find out more about each below, as well as the warning signs that a child may be being abused.

What are the 4 P's of child protection? ›

The Covid 4P Log: Protection; Provision; Participation; and Prevention for the wellbeing of our children | Child Rights Coalition Asia.

On what grounds can social services remove a child? ›

What are the common reasons social services would want to remove a child from a family? There are many reasons why a child could be removed from their home and placed outside of family and friends, but common reasons include abuse, neglect, illness, or abandonment.

Does a child in need have a social worker? ›

To determine whether a child is 'in need' according to the above definition a Child & Family assessment will need to be carried out by a qualified social worker.

At what age can a child refuse contact with a parent UK? ›

There is no definitive answer as to what age children are able to refuse contact with either parent. The bottom line is, as under the Children Act, that wishes and feelings will be taken into account in child arrangement disputes, in light of the child's age, maturity, and best interests.

What's worse child protection or child in need? ›

A child in need plan is the level below child protection. It is voluntary but if you don't engage then social services may escalate your case to child protection.

Do you have to agree to a child in need plan? ›

Sometimes, if you are finding it difficult to meet all your child's needs, for whatever reason you may be able to get some support to help you. You don't have to accept a CIN, it is not compulsory.

What happens when children's needs are not met? ›

Some children who are emotionally neglected become angry and sullen. Others become depressed, develop unhealthy dating relationships, demonstrate poor academic performance, and may show little respect for others or themselves.

Can I refuse a child protection conference? ›

The child who is the subject of the conference is not required to attend but they can do so if they wish. The Chairperson can refuse to allow the child to attend if it has been determined that their attendance could cause harm or if they are not old enough to understand what is happening.

What happens when a child in need plan ends? ›

If the people who made the plan think it isn't enough to keep your child safe, your local council might apply to the court for a care order. If they get a care order your child might be taken into care. You can find out about what will happen if the local council applies for a care order.

Which is more serious child in need or child protection? ›

Kirk said one problem is that the child in need category can often be seen as a “residual” category. “If they're in the child protection category then they are serious and we need to do something about them, if they're child in need, they're not,” he says, explaining how services may think in these circ*mstances.

What level is child in need? ›

Most children and young people's needs will be met through universal services (Level 1) – for example, schools, youth services, GP surgeries – as well as from support from within the family, friendship, and community networks.

What is the failure to provide for a child's basic needs? ›

Physical neglect occurs when a parent, guardian or custodian fails to provide for a child's basic needs, like food, clothing, shelter, education, medical care or supervision and abandonment.

What is the biggest cause of a child needing protection? ›

Emotional abuse and neglect remain top reasons children are within the child protection system.

What is the highest amount children in need? ›

Children in Need announces highest ever fundraising total of £60 Million - BBC Children in Need.

What is record for children in need? ›

BBC Children in Need announces highest ever fundraising total: £55million.

Who should be at a child in need meeting? ›

2.8 The meeting will be arranged and chaired by the allocated Social Worker who has carried out the most recent Social Work assessment. This is likely to be the Social Care Team, Children with Disabilities Team or Child in Care Team.

What are the 3 P's in child protection? ›

To help understand the UN Convention more easily, it is often divided into what are commonly called the '3 Ps': these are the rights to Provision, Protection and Participation.

What are red flags in child protection? ›

“red flags include a child regularly attending school unclean or with injuries, overtly sexual behaviours in children who are below the age of puberty, and parents excessively smacking their children.”

Are child in need plans voluntary? ›

Yes, a child in need plan should be with your consent or the consent of a child who is old enough to consent. Here is a FAQ about the situation when there is a CIN plan and a parent no longer wants children services involved in their family.

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