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PART 4MEETING NEEDS

Meeting care and support needs of children

37Duty to meet care and support needs of a child

(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), 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.