Children Act 1989, Schedule 2, paragraph 7

Provision to reduce need for care proceedings etc

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

7 Every local authority shall take reasonable steps designed—

(a) to reduce the need to bring—

(i) proceedings for care or supervision orders with respect to children within their area;

(ii) criminal proceedings against such children;

(iii) any family or other proceedings with respect to such children which might lead to them being placed in the authority’s care; or

(iv) proceedings under the inherent jurisdiction of the High Court with respect to children;

(b) to encourage children within their area not to commit criminal offences; and

(c) to avoid the need for children within their area to be placed in secure accommodation [F1197within the meaning given in section 25 and in section 119 of the Social Services and Well-being (Wales) Act 2014F1197] .

Definitions used in Schedule 2, paragraph 7 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
a supervision order

“a supervision order” means an order under subsection (1)(b) and (except where express provision to the contrary is made) includes an interim supervision order made under section 38.

Defined in s.31(11) · see it in the full Act
supervision order

“supervision order” has the meaning given by section 31(11);

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
the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act

Cases considering Schedule 2, paragraph 7 10

AB v Worcestershire County Council & Anor

[2023] EWCA Civ 529 · 17 May 2023

Local authorities must take reasonable steps designed to reduce the need for care or supervision proceedings. The provision supported the conclusion that authorities could reasonably use family support and that removal was a last resort (see para [78]).

G, Re Application for Judicial Review

[2001] EWCA Civ 540 · 11 April 2001Interprets

Interprets the duty to take reasonable steps designed to reduce the need for care or supervision proceedings. The duty may be met by different reasonable measures, including accommodating the child alone or arranging mother and child’s return to Holland; it does not require accommodation for both. (see paras [9]; [16])

Plymouth City Council v HM Coroner County of Devon (Plymouth & South West District) & Anor

[2005] EWHC 1014 (Admin) · 27 May 2005

The provision supported the court’s conclusion that child-protection functions should ordinarily preserve the child’s home with the parent unless welfare considerations require otherwise. (see para [77])

What each judgment says about Schedule 2, paragraph 7 is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F1197Words in Sch. 2 para. 7(c) 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), 110

Commencement

  1. I114Sch. 2 Pt. I para. 7 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)