(1)A local authority must meet a child's needs for care and support if it is satisfied that conditions 1 and 2, and any conditions specified in regulations, are met (but see subsections (5) and (6)).
(2)Condition 1 is that the child is within the local authority's area.
(3)Condition 2 is that—
(a)the needs meet the eligibility criteria, or
(b)the local authority considers it necessary to meet the needs in order to protect the child from—
(i)abuse or neglect or a risk of abuse or neglect, or
(ii)other harm or a risk of such harm.
(4)If the local authority has been notified about a child under section 120(2)(a) [F1or under section 85(1) of the Children Act 1989 (children accommodated by health authorities and local education authorities)], it must treat the child as being within its area for the purposes of this section.
(5)The duty under subsection (1) does not apply to a child's needs to the extent that the local authority is satisfied that those needs are being met by the child's family or a carer.
(6)This section does not apply to a child who is looked after by—
(a)a local authority,
(b)a local authority in England,
(c)a local authority in Scotland, or
(d)a Health and Social Care trust.
Textual Amendments
F1Words in s. 37(4) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 296
Commencement Information
I1S. 37 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)