Children Act 1989, Schedule 2, paragraph 8

Provision for children living with their families

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

8 Every local authority shall make such provision as they consider appropriate for the following services to be available with respect to children in need within their area while they are living with their families—

(a) advice, guidance and counselling;

(b) occupational, social, cultural or recreational activities;

(c) home help (which may include laundry facilities);

(d) facilities for, or assistance with, travelling to and from home for the purpose of taking advantage of any other service provided under this Act or of any similar service;

(e) assistance to enable the child concerned and his family to have a holiday.

Definitions used in Schedule 2, paragraph 8 3

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

Cases considering Schedule 2, paragraph 8 6

LR (a child by mother and Litigation Friend LC), R (on the application of) v Coventry City Council

[2025] EWHC 20 (Admin) · 7 January 2025

Confirms that available section 17 services may include counselling, social and recreational activities, travel assistance and holidays. Such direct provision may meet welfare needs without engaging the paragraph 3 restriction (see paras [41], [60(d)], [92], [127]).

BCD (by his Litigation Friend EFG), R (on the application of) v Birmingham Children’s Trust

[2023] EWHC 137 (Admin) · 26 January 2023

Confirms that local authority services for children in need may include occupational, social, cultural and recreational activities and assistance with holidays. This illustrates the broader welfare purpose of section 17 compared with Asylum Support. (see paras [78]; [100]-[103])

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 authority’s duty to make provision it considers appropriate illustrated the statutory discretion governing particular family-support services. (see paras [76]-[77]; [117]-[118])

What each judgment says about Schedule 2, paragraph 8 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I115Sch. 2 Pt. I para. 8 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)