This information applies to England, Wales and Northern Ireland
Every local authority must protect and promote the welfare of children in need in its area. To do this it must work with the family to provide support services that will enable children to be brought up within their own families. In Northern Ireland, the Health and Social Care Trusts (HSCT's) have a duty to safeguard and promote the welfare of children in need in their area.
Children in need are defined in law as children who are aged under 18 and:-
The local authority must keep a register of children with disabilities in its area but does not have to keep a register of all children in need.
The local authority can provide a range of services for children in need. These can include:-
The local authority can also provide the following services to all children in its area, not just children in need:-
In England, if a child is staying for at least three months away from family in a place of care, at for example a:
the local authority may be able to provide the following services:
The local authority must publish information about the services it provides for children in need and their families. This must be made available to the people who might benefit from the services.
In addition to the above services, the local authority, or, in Northern Ireland, a local Health and Social Services Trust, has a duty to provide services it considers appropriate for the following children:
In England, from 1 April 2011, local authorities must provide breaks from caring (respite care) for the parents of disabled children.
The local authority can give financial help in a wide range of circumstances, when a child is in need. The help may be in the form of a loan, a cash payment, or payment in kind, for example, vouchers for a particular shop, or an item of food, clothing or furniture. In Wales, cash payments can only be made in exceptional circumstances and if you apply for a payment you will have to convince the local authority that your case is exceptional.
In Northern Ireland, Health and Social Services Trusts have the discretionary power to provide financial assistance or assistance in kind to families in order to meet its duties. You must have a child who has been assessed as being in need.
If you want to apply to the local authority for financial assistance you should consult an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
A child is being ‘looked after’ by the local authority when the local authority arranges for the child to live somewhere other than at home.
There are two ways in which a child can be looked after by the local authority. One is called ‘being accommodated’, the other is where the child is the subject of a court order.
When a child is being accommodated by the local authority this is a voluntary arrangement between the local authority and the family. This means that you keep all your rights and responsibilities as parents for the child and the local authority does not take on any of those rights or responsibilities. If you are a parent, you can therefore remove your child from the accommodation at any time.
A local authority has a duty to accommodate a child in need if:-
If a local authority has a duty to accommodate a child in need, the children's services department must accommodate the child itself. It cannot refuse to do so and refer the child to the housing department as a homeless person instead.
If the local authority provides accommodation for a child it must draw up a plan with the family setting out the arrangements that will be made for the child. This must be in writing.
The child might live in a foster home or a children’s home. The foster home could be the home of relatives or friends of the family.
The local authority must ensure that a child who is being accommodated continues to have contact with family and friends.
When a court has made an order in relation to the child, known as a care order, this means that the local authority will take on responsibility for the child together with you as parents. The local authority will make arrangements for where the child should live, in discussion with you. However, you will not be able to remove the child if you do not agree with the local authority’s proposals.
In Northern Ireland, the local authority has the right to overrule the parent if it considers that it is necessary to safeguard or promote the child's welfare.
For more information about when a child is the subject of a care order, see Children and local authority care.
If you are dissatisfied by the service offered by your local authority social services department, you may be able to make a complaint. Ask them for a copy of their complaints procedure.
For more information about the procedure to complain about local authority social services departments in England, see NHS and local authority social services complaints. In Northern Ireland, see HSC complaints in Northern Ireland.
In Wales, you can find information about how to complain about a local authority service, on the Welsh Government website at: new.wales.gov.uk.
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