Latest News:

Our offices will be closed between 24th December & 2nd January Inclusive.

CALL US:

Out of hours:

Core duties owed to Children in Need are in Danger

There are obligations placed on local authorities to fulfil certain core duties to children who are considered to be ‘In Need’. A ‘Child in Need’ is defined as a person who is under 18 years of age, is unlikely to achieve or maintain a reasonable standard of health or development without the provision of services; or whose health or development is likely to be significantly impaired without the provision or services; or a child who is disabled. Under section 17 of the Children Act 1989, the duties owed by a local authority include the duty to safeguard and promote the welfare of children in need, within their area and to promote the upbringing of these children by their families, so far as is consistent with that duty. This is to be achieved by the provision of a range and level of services that are appropriate to those children’s particular needs.

However, proposals are now being made under the Children and Social Work Bill which would ultimately allow local authorities to opt out of some of these core statutory duties. The result would be that governments will be able to exempt local authorities from some of their duties to children in need following an application from the local authority. If permission is granted, they will be exempt from their duties for 3 years. The idea is that the local authority will spend those three years trying to identify alternative, more efficient and “innovative” ways of working that don’t exactly tie in with current social care legislation. If necessary, the local authority may be able to apply to extend the period of exemption for a further 3 years.

A key aspect of these proposals is that its application and impact will ultimately depend on where the relevant child lives. Therefore, if a child lives within a borough where the local authority has become exempt from their statutory duties, the rights of that child will also be in danger. Implementation of these proposals runs the unreasonable risk of damaging the legal basis of child protection in the UK and subjecting many vulnerable children to even further vulnerability.

We at Goodman Ray are seriously concerned about the rights of children and the potential for those rights to be undermined by these changes.

View our Child Protection Page – Click Here

Novlet Levy (Trainee Solicitor )

Are you looking for a leading Family Law Firm to represent you?

Get in touch with our team for expert legal advice and assistance you can trust.
Give us a call or request a call back.

Related Posts

Goodman Ray is an award winning Family Law firm situated in central London. We have a vacancy for a full...
We live in an era where the way in which we live would be unrecognisable 20 years ago. Technology is...
Emotional or psychological abuse and coercive controlling behaviour are forms of domestic abuse. The Domestic Abuse Act 2021* includes emotional...
The Divorce, Dissolution and Separation Act 2020 means that divorcing couples are no longer required to place blame on one...
The Legal Aid Agency (LAA) recently deemed a woman ineligible for legal aid after claiming that she had no dependants...
On 29 March 2023 the Law Commission of England and Wales and the Scottish Law Commission (the Commissions) have published...