Children Act 1989, Schedule 2, paragraph 10

Maintenance of the family home

SCHEDULE 2 SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND

10 Every local authority shall take such steps as are reasonably practicable, where any child within their area who is in need and whom they are not looking after is living apart from his family—

(a) to enable him to live with his family; or

(b) to promote contact between him and his family,

if, in their opinion, it is necessary to do so in order to safeguard or promote his welfare.

Definitions used in Schedule 2, paragraph 10 2

local authority

“local authority” means, in relation to England ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968 ;

Defined in s.105(1) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act

Cases considering Schedule 2, paragraph 10 4

Blackburn-Smith v Lambeth London Borough Council

[2007] EWHC 767 (Admin) · 4 April 2007Limits

The court considers the claimant’s reliance on the duty to promote upbringing by families. It accepts the submission that the obligation is qualified and does not establish an absolute duty to accommodate the mother and children together, particularly where section 20 accommodation was offered (see paras [8]; [10]; [21]; [36]).

Regina v. London Borough of Barnet (Respondents) ex parte G (FC) (Appellant) Regina v. London Borough of Lambeth (Respondents) ex parte W (FC) (Appellant) Regina v. London Borough of Lambeth (Respondents) ex parte A (FC) (Appellant)

[2003] UKHL 57 · 23 October 2003Interprets

The duty to take reasonably practicable steps to support family living or contact is qualified by practicability. That qualification permits consideration of financial implications. (see paras [21]; [76]-[77]; [117]-[118])

GW, R (on the application of) v Dudley Metropolitan Borough Council

[2025] EWHC 2140 (Admin) · 14 August 2025

Confirms the duty to take reasonable steps to ensure children live with their families where consistent with their welfare. (see paras [32]-[33])

What each judgment says about Schedule 2, paragraph 10 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I117Sch. 2 Pt. I para. 10 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)