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Local Authority Services
Family support
The local authority has a general duty to promote the welfare of children in need in their area and to enable children to be brought up by their families by providing a range of support services to the child and her family. This includes such services as advice, counselling, placement in family centres, day care provision, provision of holidays and recreational activities, and in exceptional circumstances, cash help. The concept of a ‘child in need’ is widely defined and there is some considerable variation between one local authority and the next in terms of the practical assistance, which is offered to families.
A local authority is not under any absolute duty to meet the assessed needs of children. Its obligations towards children in need are of a general nature. However, a local authority must act reasonably, and a total failure to meet an assessed need, absent rational justification, is likely to be challengeable.
A local authority is not allowed to provide accommodation or assistance in relation to the essential living needs of a child or her family where the family are asylum seekers. This restriction does not apply to unaccompanied minors under the age of 17. (See below).
Accommodation
A local authority has the duty to provide accommodation to any child where the parents are unable to provide it for any reason. There is no distinction drawn between a child accommodated by the local authority to give brief period of respite to parents or a child accommodated for longer periods. The local authority has an obligation to provide accommodation to children over the age of 16 where it considers that not to do so would prejudice the welfare of the child. In practice local authorities are reluctant to provide accommodation to such children and it can be equally difficult for them to obtain housing by seeking to rely on homelessness legislation. The law is unclear on whether a local authority has an obligation to accommodate children under 16 at their own request.
Child Protection
Where a local authority has reasonable cause to suspect that a child in its areas is suffering or is likely to suffer significant harm it has a statutory duty to make enquiries. The purpose of such an enquiry is to decide what action if any is necessary to safeguard the child’s welfare.
Assessment
Local authorities have a duty to assess any child in their area that appears to be in need. A child will be in need if there is The assessment can also consider whether a child is entitled to community care services The Department of Health have published a detailed framework on assessment, including the timescales in which they should be completed. An initial assessment should be completed within seven days. A full core assessment should be completed within 35 days..
If necessary following initial assessment, a child protection conference can be convened to co-ordinate multidisciplinary responses to any perceived needs the child may have, which require local authority input. At this point the decision is made as to whether or not the child should be put on the child protection register and what action, if any, is necessary. Most children on the child protection register remain living with their parents and it is viewed largely as a precautionary measure. However, in some cases the local authority may decide after conducting a core assessment that the child should be removed from parents or carers and that care proceedings need to be initiated.
In Working Together to Safeguard Children 2006 the government announced that the maintenance of a separate child protection register would be phased out by 1 April 2008. The register will supposedly be replaced by the Integrated Children's System (ICS) and the existence of a child protection plan.
The Children Act has been amended to require a local authority to take a child’s wishes and feelings into account when considering what services to provide for them. However,
children do not as a rule attend child protection conferences as their interests are usually represented by a children’s guardian, appointed by CAFCASS to represent the child in care proceedings. Older children who can demonstrate sufficient maturity and understanding can attend child protection conferences.
