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Caring for someone
The Children Act 1989 and social care services
The Children Act 1989 is designed to help keep children safe and well and, if necessary, help a child to live with their family by providing services appropriate to the child's needs.
Local authorities' responsibilities under the Act
The Act imposes a general duty on local councils to provide a range of services to 'children in need' in their area if those services will help keep a child safe and well. Some services are provided by the council free of charge, although councils can also decide which services you will need to pay for, or contribute to.
A 'child in need' may be:
- disabled (for a definition of disability see the Children Act 1989 link)
- unlikely to have, or to have the opportunity to have, a reasonable standard of health or development without services from a local authority; or
- unlikely to progress in terms of health or development; or
- unlikely to progress in terms of health or development, without services from a local authority
Local councils must identify the extent of need in their area and make decisions about levels of service they provide.
What does the Children Act mean for my child?
If you think your child may be eligible for services under the Children Act you can contact your local social services team for a ' needs assessment'. This is where a social worker will talk to you about the needs of your child as well as the needs of other members of the family, including you as a carer. You can discuss the types of service that would meet the needs of your family.
If you would like your child to be assessed for services under the Children Act, contact the social services department of your local council, your doctor or a health visitor. They will be able to advise you on what to do next.
The assessment should be multi-agency. This means it should include consideration of health, social care and educational needs. It should be carried out according to the Framework for the Assessment for Children in Need and their Families (Department of Health, 2000).
Services provided under the Children Act
There are a range of services available to children and families assessed as needing them and these vary between councils. They may include:
- short break services
- holiday play schemes
- care at home
- some aids and adaptations
- financial help (for example to pay for fares to hospital visits)
You also have the option of receiving a direct payment as an alternative to social care services provided by the council. This is a cash payment paid directly to you, so that you have the freedom to arrange and pay for services that you need.
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