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Difference Between Section 47 And Section 17 Of The Childrens Act 1989
Wanted to know the difference between section 47 and section 17 of the children's act 1989
Does s17 only apply to those children whom have a disability?
Does s17 only apply to those children whom have a disability?
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Section 17 provides that local authorities must "safeguard and promote the welfare of children within their area who are in need", where 'in need' is defined thus:
"For the purposes of this Part a child shall be taken to be in need if—
(a) 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;
(b) his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or
(c) he is disabled"
So the scope of that section is wider than just 'disability'. It could, for example, include a child who is living in a house with severe damp and mould problems or with inadequate sanitation (leading to potential health problems). It could also include a child whose mental development was likely to be impaired through him never being allowed to leave a single room in his home.
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Section 47 requires a local authority to investigate whether it is necessary for them to take action in respect of a child who "is the subject of an emergency protection order or . . . is in police protection" or where they have reasonable cause to suspect that a child . . . is suffering, or is likely to suffer, significant harm".
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"For the purposes of this Part a child shall be taken to be in need if—
(a) 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;
(b) his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or
(c) he is disabled"
So the scope of that section is wider than just 'disability'. It could, for example, include a child who is living in a house with severe damp and mould problems or with inadequate sanitation (leading to potential health problems). It could also include a child whose mental development was likely to be impaired through him never being allowed to leave a single room in his home.
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Section 47 requires a local authority to investigate whether it is necessary for them to take action in respect of a child who "is the subject of an emergency protection order or . . . is in police protection" or where they have reasonable cause to suspect that a child . . . is suffering, or is likely to suffer, significant harm".
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