Financial Assistance under Section 17 Children Act 1989

Section 17 refers to a piece of law (Section 17 Children Act 1989) that places a duty on councils to meet the needs of children in their area who are 'in need'.

The law says that councils can provide accommodation and financial support to meet children's needs and other kinds of support, dependant on individual circumstances.

Any financial support can only be provided where an assessment determines items identified as essential to meet the needs of the child, prevents the child suffering significant harm or to meet significant need or prevents the need for the child to be looked after by the local authority.

Financial support in terms of goods or services can be offered to children, young people and parents/ carers under Section 17 (s17) of the Children Act 1989 to address identified needs. S17 (1) says it shall be the general duty of every local authority to:

a) To safeguard and promote the welfare of children within their area who are in need; and

b) so far 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.

A child is defined as being in need if:

a) They are unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for her/him of services by a local authority (under this part of the Act); or

b) Their health or development is likely to be significantly impaired or further impaired, without the provision of such services; or

c) They are disabled.

Therefore, for a child to be supported using S17 payments, they must be open to Children's Social Care or at the very least be an open referral for an assessment.

All children who may be in need are entitled to an assessment under S17 of the Children Act 1989.

Children and families will be assessed under S17 of the Children Act 1989 after it has been determined that they cannot receive services to meet their needs by other agencies, e.g. the Department for Work and Pensions.

Each referral will be assessed on the information presented and elicited at the point of referral to determine priority for assessment for services. The family’s financial circumstance may also be assessed to determine whether financial assistance is required.

Assessment will identify the needs of the child and their family, the services required to meet those needs and a plan, detailing which services should be provided. The assessment will confirm the level of support required and which service of the Council or agency is best placed to provide that support.

The Local Authority does not replace the role of benefit support.

Assistance in kind or cash payments made to families will only be made where the assessment indicates that financial assistance is the only appropriate way of safeguarding and promoting their welfare within the family.

On receipt of a request for S17 assistance, the family’s allocated social worker must establish that the needs of the child would be met by such a payment, and that the family cannot obtain the help they require from another source, for example, the Department for Work and Pensions.

All alternatives must be explored with the family before assistance is offered under S17. The social worker must also establish that the payment will support the achievement of specific objectives for the child, for example:

• Reduce the child's vulnerability.
• Prevent them from becoming looked after.
• Ensure that the family does not become dependent upon the local authority to provide financial support on a long-term basis.

The circumstances of the family will determine the nature of the assistance given and whilst it is not possible to detail every possible type of assistance that can be considered, payments will only be made for essential items, for example clothing or heating, and not for non-essential items.

The use of S17 monies must be the final option. In particular, the allocation of cash should only be made in exceptional circumstances and all other alternatives such as benefits, and crisis funds must be explored and evidenced.