Services or support to provide under section 17 of the Children Act 1989

Thank you for your response to request 17729062. This is a new and separate request concerning a different decision point from my earlier questions about parental contributions.

My earlier request concerned whether parents are required to contribute towards services arranged by the authority. This request concerns whether parents' financial circumstances affect the prior decision as to what provision the authority will arrange.

1. When deciding whether it is necessary for the authority to make arrangements under section 2 of the Chronically Sick and Disabled Persons Act 1970, does the authority take into account the financial resources of the child's parents, including their ability to purchase or arrange the relevant support privately?

2. When deciding what services or support to provide under section 17 of the Children Act 1989, does the authority take parents' financial resources or ability to purchase or arrange support privately into account?

3. Please provide any recorded policy, guidance, criteria, practice guidance or staff instruction concerning when parents may reasonably be expected to provide or fund support themselves when determining the provision to be arranged under either provision above. This includes any material referring to R (Spink) v Wandsworth LBC [2005] EWCA Civ 302.

4. Does the authority request information about parents' income, savings, assets or other financial circumstances before determining the nature or amount of provision it will arrange, as distinct from requesting such information subsequently for the purpose of determining a parental contribution? If so, please provide any recorded guidance explaining when such information is requested and how it is taken into account.

5. Where this information is centrally recorded, please provide the number of cases in 2023/24, 2024/25 and 2025/26 in which the amount or nature of provision was declined, reduced or limited because the authority considered that parents could reasonably be expected to provide or fund some or all of the support themselves. I am not asking the authority to conduct a manual review of individual case files where this information is not centrally recorded.

1. The Council determines the need for support on the basis of an assessment of the child's needs and family circumstances. The assessment process considers the child's identified needs, the impact of those needs on the child and their family, and whether there are unmet social care needs requiring support. The Council does not operate a policy that determines the provision of support under section 2 of the Chronically Sick and Disabled Persons Act 1970 by reference to the financial resources of a child's parents or their ability to purchase or arrange support privately.

2. As above a social care assessment is completed to identify unmet social care needs, this will take into account whether children can access universal or targeted provision alongside that which is provided under S17. The assessment will explore what other support is in place for the family. Decisions regarding services provided under section 17 of the Children Act 1989 are informed by an assessment of the child's needs and family circumstances. As part of that assessment, consideration may be given to the support already available to the child and family, including support from family networks, universal and targeted services, and benefits received on behalf of the child. Information regarding Disability Living Allowance may be discussed as part of understanding how a child's needs are currently being met and the support available to the family. The Council does not operate a policy that determines the provision of services under section 17 of the Children Act 1989 by reference to parents' financial resources or their ability to purchase or arrange support privately.

3. The Council does not hold a specific policy, guidance document, criteria, practice guidance, or staff instruction concerning when parents may reasonably be expected to provide or fund support themselves when determining provision under the Children Act 1989. Such decisions are made on a case-by-case basis in accordance with statutory duties, relevant legislation, statutory guidance, and the individual assessment of a child's needs and family circumstances. The Council does not hold any local policy, guidance, criteria, practice guidance, or staff instruction that refers to R (Spink) v Wandsworth LBC [2005] EWCA Civ 302. No further recorded information is held.

4. The Council does not request information about parents' income, savings, assets or other financial circumstances for the purpose of determining the nature or amount of support provided to a child under the Children Act 1989 or the Chronically Sick and Disabled Persons Act 1970. Children's social care services are not means tested and there is no requirement for parents to make a financial contribution towards statutory children's social care support. As part of the assessment process, social workers may discuss benefits received on behalf of a child, including Disability Living Allowance (DLA), in order to understand the child's circumstances and how their additional needs are currently being supported. This information is considered within the overall assessment of the child's needs and family circumstances. The Council does not hold any specific guidance relating to the collection or use of information about parents' income, savings, assets or other financial circumstances for the purpose of determining the nature or amount of provision to be arranged for a child.

5. The Council does not hold centrally recorded information of the type requested. As set out in the responses above, the Council does not operate a policy whereby the amount or nature of support provided under the Children Act 1989 or the Chronically Sick and Disabled Persons Act 1970 is declined, reduced or limited because parents are considered able to provide or fund support themselves. Children's social care services are not means tested and parental financial circumstances are not used to determine the nature or amount of statutory support provided. Consequently, the Council does not maintain records of cases categorised on the basis described in the request and is therefore unable to provide the numbers requested.