Where is the law about children in need?

The law about children in need is found in two main places:

• Section 17 of the Children Act 1989, and
• Government statutory guidance about agencies working to keep children safe and well. This is called Working Together to safeguard children 2018. It must be followed unless there is good reason not to (R v Islington LBC ex p Rixon [1998] 1 CCLR 119).

Section 17 of the Children Act 1989 places a general legal duty on children’s services departments to work to keep children safe, well cared for and, at home unless this would place them at risk. To help achieve this, children’s services must provide a range and level of services in their local area to help children in need and their families (section 17(1) Children Act 1989).

The law also says all children’s services departments should take steps to:

• Must provide a range and level of services available to help children in need and their families (section 17(1) Children Act 1989).
• Find out which children are in need in their area (Schedule 2, Children Act 1989).
• Share information about the help they can give to any child who is a child in need (Schedule 2, Children Act 1899, para 1(2)(a)).