• home
• full contents
• keywords & contacts
• contact us / update
• search
• forms library
• 

Contents

1. Statutory Framework
2. Guidance

1. Statutory Framework

"It shall be the general duty of every local authority:

1. To safeguard and promote the welfare of children within their area who are in    need; and
2. 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."

Sect.17 (3)

The service provided by an authority in the exercise of functions conferred on them by this section may be provided for the family of a particular child in need or for any member of his family, if it is provided with a view to safeguarding or promoting the child's welfare.

Sect 17(6)

The services provided by a local authority in the exercise of functions conferred on them by this section may include giving assistance in kind or, in cash.

(The word ‘exceptional’ has now been removed).

Sect 17 (8)

Before giving any assistance or imposing any conditions, a local authority shall have regard to the means of the child concerned and of each of his parents.

Sect 17 (10)

For the purposes of this part of the Act, a child shall be taken to be in need if -

1. He is 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 him of services by a local authority under this part;
2. His health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or
3. He is disabled

and "family", in relation to such a child, includes any person who has Parental Responsibility for the child and any other person with whom he has been living

Sect.17 (11)

For the purposes of this part, a child is disabled if he is blind, deaf, or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed; and in this part;

"Development" means physical, intellectual, emotional, social or behavioural development; and "health" means physical or mental health.

2. Guidance

As previously stated Section 17 (6) is not a form of income support and therefore should usually be used on an occasional one-off basis although there will be some exceptions to this. 

Before assistance is offered under Section 17 (6) consideration must also be given to the possibility of obtaining assistance from other agencies such as the Department of Work and Pensions or charitable agencies. Section 17 can be provided in the following examples. This list is not exhaustive.

1. Planned payments in order to carry through a social work plan.
2. Payments for accommodation or subsistence for an unaccompanied minor over the age of sixteen who has elected not to be looked after. These cases must be brought to the Care Planning Panel
3. Accommodation or subsistence to children without access to public funds. These cases must be approved by the No Recourse to Public Funds Panel.
4. Respite as support services for children with disabilities.
5. Parents who are fleeing domestic violence with a child and have no means of providing for the child's basic means. 
6. Emergency situations in order to safeguard and promote the welfare of the child.  E.g. absence of heating and light. 
7. Families who are in receipt of benefit payments and have no food for their children.  In these circumstances the worker must contact the benefits agency to confirm the information is correct.
8. A family where the child or children are suffering or likely to suffer Significant Harm because the family are unable to provide essential items e.g. bedding, shoes, winter coats etc.

Before Section 17 payments are paid out it is important that all avenues are explored with the family before payment is made.  They should apply for loans through the benefit agency, seek assistance from charitable trust organizations or ask family and friends to help them. The local authority should only be the last resort as all other efforts to obtain financial assistance have failed.

If families present saying they have lost money or had it stolen, then a crime reference number must be obtained before any money can be given out.  A maximum number of three payments can be made during a twelve month period.  Any requests for funding beyond this must result in an initial assessment being completed to show there are no other factors affecting the health, development and overall welfare of the child within the family. 

Section 17 should not be used for the following circumstances:

1. For families without children under the age of 18 years.
2. To cover other agencies' failures to meet their responsibilities although we may want to help the service user to obtain payment from other agency.
3. For long term income maintenance.  We may wish to refer the user for advice on budget management. 
4. For young people aged 16-20 who have received 13 weeks care from a local authority. For these young people section 24 of the Children's Act applies. 
5. For children on care orders living with their parents.
6. To meet long term child care costs arising from a parent disability.
7. Transport costs for children to attend school. Section 17 should not be used to provide taxis or cabs for families and public transport should be used in these situations.

End