Section 17: Your Right to Support from Social Services
Section 17 of the Children Act 1989 gives local councils a legal duty to support children in need. This includes help with money, housing, education, and keeping families together. If you are under 18 (or a care leaver up to 25) and not getting the help you need, you may have a right to it.
If social services have got involved in your life, or you think they should be helping but are not, you are not alone. Many young people do not know what support they are entitled to. Section 17 of the Children Act 1989 is one of the most important laws that can get you practical help.
What is Section 17?
Section 17 is part of the Children Act 1989. It says that every local authority (your local council) has a legal duty to safeguard and promote the welfare of children “in need” in their area.
In plain terms, if you are under 18 (or in some cases under 25) and you need support that your family cannot provide, your local council may be legally required to help you.
The support can include:
- Money for food, clothing, or travel
- Help with accommodation or housing costs
- Support to stay in education or training
- Referrals to other services like counselling or healthcare
- Financial help for families to keep children safe at home
Section 17 is not just for emergencies. It covers ongoing support for children and families who are struggling.
Who counts as a "child in need"?
Under Section 17, you are a child in need if:
- You are unlikely to achieve or maintain a reasonable standard of health or development without support from the local authority
- Your health or development is likely to be significantly impaired without support
- You are disabled
“Development” covers physical, intellectual, emotional, social, and behavioural development. “Health” means both physical and mental health.
You do not need to be in immediate danger to qualify. If your circumstances are making it hard for you to thrive, you may be eligible.
What about young people over 18?
Section 17 specifically applies to children (under 18). However, if you are a care leaver aged 18 to 25, you have separate rights under Sections 23A to 24D of the same Act. Your local authority must provide you with a personal adviser and help with education, training, employment, and accommodation.
If you were looked after by the local authority as a child, even briefly, you may still be entitled to leaving care support. Many young people do not realise this.
How to get a needs assessment
To get Section 17 support, you (or someone on your behalf) can ask your local council for a child in need assessment. Here is how:
- Contact your local council’s children’s services team. You can usually find them by searching "[your council name] children’s services" online, or by calling the council’s main switchboard.
- Ask for a child in need assessment. You can do this by phone, email, or in person. You do not need to use any special form.
- Explain your situation. Tell them what support you need and why. Be honest about what is going wrong.
- The council must respond. They should carry out an assessment within 45 working days. During the assessment, a social worker will talk to you about your needs.
You can also ask a charity, school, GP, or solicitor to make the referral on your behalf if you find it easier.
What if the council says no?
Councils sometimes refuse support or do not carry out a proper assessment. If this happens to you:
- Ask for the decision in writing. You have a right to know why they have refused.
- Use the council’s complaints procedure. Every council must have one, and they must deal with your complaint within set timescales.
- Contact us for legal advice. If the council is not meeting its legal duties, we can help you challenge the decision. In some cases, we can take legal action on your behalf.
Section 17 vs Section 47
You might hear about Section 47 as well. The difference is:
- Section 17 (child in need) applies when a child needs extra support to achieve a reasonable standard of health and development. It is about providing help.
- Section 47 (child protection) applies when there is reasonable cause to suspect a child is suffering, or is likely to suffer, significant harm. It is about investigating risk.
Both sections can lead to support, but Section 47 involves a more urgent, investigative process. If you are unsure which applies to your situation, get in touch and we can help you work it out.
Families with no recourse to public funds (NRPF)
If your family has no recourse to public funds because of immigration status, Section 17 is especially important. The local authority still has a duty to support children in need, even when the family cannot claim benefits or access public housing.
This can include providing accommodation and financial support to keep the family together. Councils sometimes try to avoid this responsibility, but the law is clear. If you are being turned away, contact us immediately.
Get help
If you think you or someone you know might qualify for Section 17 support, or if you have been refused help by your local council, we can advise you for free.
- Email: info@youthlegal.org.uk
- Phone: 020 3195 1906 (Mon to Fri, 10am to 6pm)
- Contact form: youthlegal.org.uk/contact-us
All our advice is free and confidential. You do not need to be referred by anyone else.
