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The Children Act 1989
- Section 47: Local authority’s duty to investigate. (1)Where a local authority— (a)are informed that a child who lives, or is found, in their
area— (i)is the subject of an emergency protection order; or (ii)is in police protection; (iii)F1 (b)have reasonable cause to suspect that a
child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm,the authority shall make, or cause to be made,
such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the
child’s welfare.
- Section 17: Provision of services for children in need, their families and others. (1)It shall be the general duty of every local
authority (in addition to the other duties imposed on them by this Part)— (a)to safeguard and promote the welfare of
children within their area who are in need; and (b)so far as is consistent with that duty, to promote the upbringing of such
children by their families,by providing a range and level of services appropriate to those children’s needs.
- Section 20: Provision of accommodation for children: general. (1)Every local authority shall provide
accommodation for any child in need within their area who appears to them to require
accommodation as a result of— (a)there being no person who has parental responsibility for him;
(b)his being lost or having been abandoned; or (c)the person who has been caring for him being
prevented (whether or not permanently, and for whatever reason) from providing him with suitable
accommodation or care.
- 43 Child assessment orders. (1)On the application of a local authority or authorised person for an
order to be made under this section with respect to a child, the court may make the order if, but
only if, it is satisfied that— (a)the applicant has reasonable cause to suspect that the child is
suffering, or is likely to suffer, significant harm; (b)an assessment of the state of the child’s health or
development, or of the way in which he has been treated, is required to enable the applicant to
determine whether or not the child is suffering, or is likely to suffer, significant harm; and (c)it is
unlikely that such an assessment will be made, or be satisfactory, in the absence of an order under
this section.
- Section 44- Order for emergency protection of children. (1)Where any person (“the applicant”) applies to
the court for an order to be made under this section with respect to a child, the court may make the order
if, but only if, it is satisfied that— (a)there is reasonable cause to believe that the child is likely to suffer
significant harm if— (i)he is not removed to accommodation provided by or on behalf of the applicant; or
(ii)he does not remain in the place in which he is then being accommodated; (b)in the case of an application
made by a local authority— (i)enquiries are being made with respect to the child under section 47(1)(b); and
(ii)those enquiries are being frustrated by access to the child being unreasonably refused to a person
authorised to seek access and that the applicant has reasonable cause to believe that access to the child is
required as a matter of urgency; or
- 25 Use of accomodation for restricting liberty. (1)Subject to the following provisions of this section, a
child who is being looked after by a local authority may not be placed, and, if placed, may not be
kept, in accommodation provided for the purpose of restricting liberty (“secure accommodation”)
unless it appears— (a)that— (i)he has a history of absconding and is likely to abscond from any other
description of accommodation; and (ii)if he absconds, he is likely to suffer significant harm; or (b)that
if he is kept in any other description of accommodation he is likely to injure himself or other persons.
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