Assessment of "child in need": s.17 Children Act 1989

R (on the application of O and the child's mother and litigation friend MS PO) v LONDON BOROUGH OF LAMBETH (2016)

This case was a challenge to a social worker's decision that a child was not "in need" for the purposes of s.17. The social worker had inferred from previous support available to the family and from failure on the part of the mother to provide information, that the family had subsistence support and accommodation available. The social worker had made thorough inquiries and was entitled to reach the conclusions he did. The claim for judicial review was dismissed. The respective duties of the social worker [para. 17] and a local authority's assessment duty, and the corresponding obligations upon the applicant to provide information are set out [18].

To read the full judgment, please click here.

Sian Davies was instructed by The London Borough of Lambeth.