Children Act 1989, Schedule 2, paragraph 4

Prevention of neglect and abuse

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

4 (1) Every local authority shall take reasonable steps, through the provision of services under Part III of this Act, to prevent children within their area suffering ill-treatment or neglect.

(2) Where a local authority believe that a child who is at any time within their area—

(a) is likely to suffer harm; but

(b) lives or proposes to live in the area of another local authority[F1189 or in the area of a local authority in WalesF1189]

they shall inform that other local authority [F1190or the local authority in Wales, as the case may beF1190] .

(3) When informing that other local authority[F1191 or the local authority in WalesF1191] they shall specify—

(a) the harm that they believe he is likely to suffer; and

(b) (if they can) where the child lives or proposes to live.

Definitions used in Schedule 2, paragraph 4 5

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
service

“service”, in relation to any provision made under Part III, includes any facility;

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
ill-treatment

“ill-treatment” has the same meaning as in section 31(9);

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

“harm” has the same meaning as in section 31(9) and the question of whether harm is significant shall be determined in accordance with section 31(10);

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

Cases considering Schedule 2, paragraph 4 9

A, R (on the application of) v Hertfordshire County Council

[2001] EWCA Civ 2113 · 22 March 2001

Uses the specific duty to take reasonable steps to prevent children suffering ill-treatment or neglect as part of the basis for the implied power to communicate a belief about a risk of sexual abuse.

AM, R (on the application of) v The London Borough of Havering & Ors

[2015] EWHC 1004 (Admin) · 17 April 2015Interprets

Uses the reference to a child being at any time within an authority’s area to support the physical-presence test and the possibility of concurrent responsibilities. (see paras [32]-[33]; [41]-[42])

HXA v Surrey County Council

[2023] UKSC 52 · 20 December 2023

The paragraph formed part of the Schedule 2 duties associated with services for children in need. It supplied statutory context only. (see para [25])

1 more judgment, and what each says about Schedule 2, paragraph 4, are in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F1189Words in Sch. 2 para. 4(2)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 108(a)
  2. F1190Words in Sch. 2 para. 4(2) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 108(b)
  3. F1191Words in Sch. 2 para. 4(3) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 108(c)

Commencement

  1. I111Sch. 2 Pt. I para. 4 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)