Children Act 1989, Schedule 2, paragraph 3

Assessment of children’s needs

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

3 Where it appears to a local authority that a child within their area is in need, the authority may assess his needs for the purposes of this Act at the same time as any assessment of his needs is made under—

(a) M56the Chronically Sick and Disabled Persons Act 1970;

(b) [F1187 Part IV of the Education Act 1996F1187] ;

[F1188 (ba) Part 3 of the Children and Families Act 2014;F1188]

(c) M57the Disabled Persons (Services, Consultation and Representation) Act 1986; or

(d) any other enactment.

Definitions used in Schedule 2, paragraph 3 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 3 19

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 2003

The paragraph permits coordinated assessment under the Children Act and other enactments. The majority treated it, with paragraph 1, as confirming the obligation to assess an individual child where necessary. (see paras [72]; [115]-[116])

HJ v London Borough of Croydon

[2020] EWHC 384 (Admin) · 11 February 2020

Schedule 2, paragraph 3 was relied on with section 17 as supporting an arguable assessment duty. (see paras [14]-[16])

KA & Anor v London Borough of Croydon

[2017] EWHC 1723 (Admin) · 7 July 2017

Interprets the provision as permitting a local authority to assess a child’s needs under the Act alongside assessments required under other listed statutory provisions. It supported the need to investigate whether a person seeking help was in fact a child. (see paras [27], [31])

What each judgment says about Schedule 2, paragraph 3 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F1187Words in Sch. 2 para. 3(b) substituted (1.11.1996) by 1996 c. 56, ss. 1(4), 582(1), 583(2), Sch. 37, para. 92
  2. F1188Sch. 2 para. 3(ba) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 65(3); S.I. 2014/889, art. 7(a)

Commencement

  1. I110Sch. 2 Pt. I para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal citations

  1. M561970 c. 44.
  2. M571986 c. 33.