Children Act 1989, section 17

Provision of services for children in need, their families and others

Part III SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND

(1)It shall be the general duty of every local authority (in addition to the other duties imposed on them by this Part)—

(a)to safeguard and promote the welfare of children within their area who are in need; and

(b)so far as is consistent with that duty, to promote the upbringing of such children by their families,

by providing a range and level of services appropriate to those children’s needs.

(2)For the purpose principally of facilitating the discharge of their general duty under this section, every local authority shall have the specific duties and powers set out in Part 1 of Schedule 2.

(3)Any service provided by an authority in the exercise of functions conferred on them by this section may be provided for the family of a particular child in need or for any member of his family, if it is provided with a view to safeguarding or promoting the child’s welfare.

(4)The [F247Secretary of StateF247] may by order amend any provision of Part I of Schedule 2 or add any further duty or power to those for the time being mentioned there.

[F248 (4A)Before determining what (if any) services to provide for a particular child in need in the exercise of functions conferred on them by this section, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—

(a)ascertain the child’s wishes and feelings regarding the provision of those services; and

(b)give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.F248]

(5)Every local authority—

(a)shall facilitate the provision by others (including in particular voluntary organisations) of services which [F249it is a function of the authorityF249] to provide by virtue of this section, or section 18, 20, [[F250,F251 22A to 22CF251] , 23B to 23D, 24A or 24BF250] ; and

(b)may make such arrangements as they see fit for any person to act on their behalf in the provision of any such service.

(6)F253The services provided by a local authority in the exercise of functions conferred on them by this section may include [F252providing accommodation andF252] giving assistance in kind or . . . in cash.

(7)Assistance may be unconditional or subject to conditions as to the repayment of the assistance or of its value (in whole or in part).

(8)Before giving any assistance or imposing any conditions, a local authority shall have regard to the means of the child concerned and of each of his parents.

(9)No person shall be liable to make any repayment of assistance or of its value at any time when he is in receipt [F254of universal credit (except in such circumstances as may be prescribed),F254] of income support [F255underF255][F256 Part VII of the Social Security Contributions and Benefits Act 1992,F256][F257 of any element of child tax credit other than the family element, of working tax creditF257][F258 , of an income-based jobseeker's allowance or of an income-related employment and support allowanceF258] .

(10)For the purposes of this Part a child shall be taken to be in need if—

(a)he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority under this Part;

(b)his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or

(c)he is disabled,

and “family”, in relation to such a child, includes any person who has parental responsibility for the child and any other person with whom he has been living.

(11)For the purposes of this Part, a child is disabled if he is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed; and in this Part—

  • “development” means physical, intellectual, emotional, social or behavioural development; and

  • “health” means physical or mental health.

[F259 (12)The Treasury may by regulations prescribe circumstances in which a person is to be treated for the purposes of this Part (or for such of those purposes as are prescribed) as in receipt of any element of child tax credit other than the family element or of working tax credit.F259]

[F260 (13)The duties imposed on a local authority by virtue of this section do not apply in relation to a child in the authority’s area who is being looked after by a local authority in Wales in accordance with Part 6 of the Social Services and Well-being (Wales) Act 2014.F260]

Definitions used in section 17 12

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
upbringing

“upbringing”, in relation to any child, includes the care of the child but not his maintenance;

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
functions

“functions” includes powers and duties;

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

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act
voluntary organisation

“voluntary organisation” means a body (other than a public or local authority) whose activities are not carried on for profit;

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

(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

Defined in Sch.1 para.16(2) · see it in the full Act

21 In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996 . ).

Defined in Sch.3 para.21 · see it in the full Act
prescribed

“prescribed” means prescribed by regulations made under this Act;

Defined in s.105(1) · see it in the full Act
income-related employment and support allowance

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) ;

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

“disabled”, in relation to a child, has the same meaning as in section 17(11);

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

“parental responsibility” has the meaning given in section 3;

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

(1) In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

Defined in s.3(1) · see it in the full Act

Cases considering section 17 308

HXA v Surrey County Council

[2023] UKSC 52 · 20 December 2023Limits

The subsection imposes a general duty to provide an appropriate range and level of services for children in need within the authority’s area. It does not require the authority to meet the needs of a particular child and does not itself create a common law duty of care. (see paras [24], [28], [87]) The provision defines when a child is to be taken as being in need, including by reference to health, development and disability. It supplied statutory context but did not create the common law duty alleged. (see paras [23], [43], [87]) The subsection connects the general duty with the specific duties and powers in Schedule 2. Those statutory functions formed background to, but did not establish, an assumption of responsibility. (see paras [25], [87]) The court noted that services could include assistance in kind or exceptionally in cash and, following amendment, accommodation. (see para [25])

Poole Borough Council v GN (through his litigation friend “The Official Solicitor”) and another

[2019] UKSC 25 · 6 June 2019Limits

The section does not create a statutory cause of action or, by itself, a common law duty to protect an individual child. Its services may include accommodation, but it is not principally a rehousing provision. (see paras [19]-[21]; [25]; [91]) The general duty requires a local authority to provide a range and level of services appropriate to children in need within its area. It does not require the authority to meet the needs of a particular child. (see paras [20]-[21]) The subsection defines when a child is in need by reference to health, development and disability. The disabled claimant fell within the definition, and the other claimant was subsequently assessed as a child in need. (see para [19]) The power to provide services including accommodation does not make residential rehousing of a child with the child's family the primary purpose of the social services scheme. (see paras [20]-[21])

R v Secretary of State for Work and Pensions and others

[2017] UKSC 73 · 15 November 2017Interprets

The provision imposes a general duty to safeguard and promote the welfare of children in need and, consistently with that duty, promote their upbringing by their families through appropriate services. It is a target duty whose individual application remains for the local authority (see paras [34]-[37]). A child is in need where local-authority services are required to secure a reasonable standard of health or development. Whether that condition is met is for the authority, subject to judicial review (see paras [34]-[35]; [43]). The provision formed part of the statutory definition governing whether a child qualified as being in need (see para [43]). Services for children in need may include accommodation and assistance in kind or cash, enabling practical support for children of Zambrano carers (see paras [34]; [42]).

288 more judgments, and what each says about section 17, are in the case-law panel in the full Act.

Amendments and notes

17 notes from legislation.gov.uk

Amendments

  1. F247Words in s. 17(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 58(a)
  2. F248S. 17(4A) inserted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 53(1); S.I. 2005/394, art. 2(1)(g); S.I. 2006/885, art. 2(2)
  3. F249Words in s. 17(5)(a) substituted (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 1(b); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)
  4. F250Words in s. 17(5)(a) substituted (1.10.2001) by 2000 c. 35, s. 7(2); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  5. F251Words in s. 17(5)(a) substituted (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 1(a); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)
  6. F253Words in s. 17(6) repealed (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 24, 44(4), Sch. 4; S.I. 2010/2981, art. 4(i)(l); S.I. 2012/1553, art. 2(c)(e)
  7. F252Words in s. 17(6) inserted (7.11.2002) by 2002 c. 38, ss. 116(1), 148(1) (with Sch. 4 paras. 6-8)
  8. F254Words in s. 17(9) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 1(a); S.I. 2013/983, art. 3(1)(b)(i)
  9. F255Words in s. 17(9) substituted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 16(2)(a); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)
  10. F256Words in s. 17(9) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 108(a).
  11. F257Words in s. 17(9) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 16(2)(b); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)
  12. F258Words in s. 17(9) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 6(2); S.I. 2008/787, art. 2(4)(f)
  13. F259S. 17(12) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 16(3); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)
  14. F260S. 17(13) 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), 58(b)

Modifications

  1. C18s. 17 excluded (6.12.1999) by S.I. 1999/3056, reg. 12
  2. C19S. 17 restricted (8.1.2003) by 2002 c. 41, s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.

Commencement

  1. I16S. 17 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)