Children Act 1989, section 18

Day care for pre-school and other children

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

(1)Every local authority shall provide such day care for children in need within their area who are—

(a)aged five or under; and

(b)not yet attending schools,

as is appropriate.

F292(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A local authority may provide facilities (including training, advice, guidance and counselling) for those—

(a)caring for children in day care; or

(b)who at any time accompany such children while they are in day care.

(4) In this section “day care” means any form of care or supervised activity provided for children during the day (whether or not it is provided on a regular basis).

(5)Every local authority shall provide for children in need within their area who are attending any school such care or supervised activities as is appropriate—

(a)outside school hours; or

(b)during school holidays.

F293(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section “supervised activity” means an activity supervised by a responsible person.

Definitions used in section 18 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
day care

“day care” ... has the same meaning as in section 18;

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
school

“school” has the same meaning as in the Education Act 1996 or, in relation to Scotland, in the Education (Scotland) Act 1980 ;

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

“responsible person”, in relation to a child who is the subject of a supervision order, has the meaning given in paragraph 1 of Schedule 3;

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

Cases considering section 18 5

West & Ors, R (On the Application Of) v Rhondda Cynon Taff County Borough Council

[2014] EWHC 2134 (Admin) · 23 May 2014

The court applied the duty to provide appropriate day care for qualifying children in need. The council failed to show that the cabinet had considered the statutory duty and the likely effect of reducing nursery education. (see paras [28], [61]-[62]) The court applied the duty concerning care or supervised activities outside school hours for children in need attending school. The decision-making material did not provide a proper statutory framework for considering that duty. (see para [28], [61]-[62])

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 qualified duty to provide appropriate day care illustrated that Part III leaves important questions of suitability and resources to local-authority judgment. (see paras [14]; [75]-[77])

M, R (on the application of) v Gateshead Council

[2006] EWCA Civ 221 · 14 March 2006Interprets

The express limitation to children within an authority's area supported the conclusion that the absence of equivalent words from section 21 was deliberate. (see paras [18]-[24])

What each judgment says about section 18 is in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F292S. 18(2) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 66(a)
  2. F293S. 18(6) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 66(b)

Commencement

  1. I17S. 18 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)