Children Act 1989, section 27

Co-operation between authorities

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

(1) Where it appears to a local authority that any authority F484... mentioned in subsection (3) could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of that other authority F484... specifying the action in question.

(2)An authority whose help is so requested shall comply with the request if it is compatible with their own statutory or other duties and obligations and does not unduly prejudice the discharge of any of their functions.

(3)The [F485 authoritiesF485] are—

(a)any local authority;

F486(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any local housing authority;

[F487 (ca)[F488 NHS EnglandF488] ;F487]

(d) any [F489 integrated care board,F489] [[F490,F491 Local Health BoardF491] , Special Health AuthorityF490] F492 ... [F493 , National Health Service trust or NHS foundation trustF493] ;

[F494 (da)any local authority in WalesF494] ; and

(e)any person authorised by the [F495 Secretary of StateF495] for the purposes of this section.

[F496 (3A)The Secretary of State must not authorise the Welsh Ministers under subsection (3)(e) without their consent.F496]

F497(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 27 8

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
functions

“functions” includes powers and duties;

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

“local housing authority” has the same meaning as in the Housing Act 1985 ;

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

“integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006 ;

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

“Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 ;

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

“Special Health Authority” means a Special Health Authority established under section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006 , ;

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

“health” means physical or mental health.

Defined in s.17(11) · 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

Cases considering section 27 34

R (on the application of G) (FC) (Appellant) v London Borough of Southwark (Respondents)

[2009] UKHL 26 · 20 May 2009Limits

A children's authority may request compatible assistance from another authority, including a housing authority, to discharge its Part III functions. It cannot use that machinery to transfer its own section 20 responsibility. (see para [34])

J, R (on Application of) v Worcestershire County Council

[2014] EWCA Civ 1518 · 25 November 2014Limits

The court confirms that inter-authority cooperation is available, but limits its role: a local authority cannot rely on section 27 cooperation instead of exercising its primary duty and accompanying power under section 17. (see paras [28]-[32]) Although an authority may request another authority’s help with specified action, the court holds that this cooperation route cannot substitute for the assessing authority’s primary section 17 power to provide services. (see paras [27]-[29]; [32(vi)])

W (a child), Re

[2005] EWCA Civ 649 · 26 May 2005

Confirms that section 27 imposes a duty on local authorities to co-operate with each other. Bromley’s failure to provide the ordered support information was criticised as highly unsatisfactory and materially relevant to the case’s progress (see para [7]).

14 more judgments, and what each says about section 27, are in the case-law panel in the full Act.

Amendments and notes

15 notes from legislation.gov.uk

Amendments

  1. F484Words in s. 27(1) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 14(a), Sch. 20; S.I. 1991/1883, art. 3, Sch.
  2. F485Word in s. 27(3) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 14(b); S.I. 1991/1883, art. 3, Sch.
  3. F486Words in s. 27(3)(b) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(4), Sch. 3 Pt. 2
  4. F487S. 27(3)(ca) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 51(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  5. F488Words in s. 27 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  6. F489Words in s. 27(3)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 31; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  7. F490Words in s. 27(3)(d) substituted (1.4.1996) by 1995 c. 17, ss. 1(2), 2(1)(3), Sch. 1, Pt. III, para. 118(5)(with Sch. 2, para. 6)
  8. F491Words in s. 27(3)(d) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(d)}
  9. F492Words in s. 27(3)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 51(b)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  10. F493Words in s. 27(3)(d) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 34, Sch. 4 para. 78; S.I. 2004/759, art. 2
  11. F494S. 27(3)(da) 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), 93(a)
  12. F495Words in s. 27(3)(e) 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), 93(b)
  13. F496S. 27(3A) 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), 93(c)
  14. F497S. 27(4) repealed (1.9.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 147, Sch. 21 Pt. II; S.I. 1994/2038, art. 3, Sch. 2, Appendix

Commencement

  1. I24S. 27 in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)