Legal Update: In a Nutshell - Councils' obligations to children in need

What was the case about?

The case, Worcestershire County Council v R (J (by his litigation friend W)) (2014) EWCA Civ 1518, concerned the scope of the local authority's duty under section 17 of the Children Act 1989 to provide for a four-year-old boy with Down's Syndrome. The boy's parents were Travellers and spent the summer travelling the country running a helter skelter and bungee trampoline at fairgrounds. In the winter, the boy and his family stayed with his grandfather in Worcestershire.

Worcestershire local authority had assessed the child's and family's needs under section 17 of the Children Act 1989, which places a duty on local authorities to safeguard and promote the welfare of children within their area and promote the upbringing of these children by their families by providing a range of appropriate services. In particular, the family requested that the authority consider funding a nursery placement of five hours a week and that this could "travel" with the child while he was out of the borough. It was not disputed that the child was a "child in need" within the meaning of s.17. However, the local authority decided that it did not have the power to provide for the child during the periods that he was out of the local authority area, due to the family's travelling. This case was an appeal by the local authority following a successful judicial review which found in favour of the child applicant.