Introduction
This essay explores the legal and professional frameworks relevant to the case of Susie, a 29-year-old woman, and her 10-year-old son, Declan, focusing on the safeguarding and welfare concerns raised by their living conditions and interactions with social services. The analysis will apply pertinent child and adult legislation, primarily from UK government sources, to address the local authority’s duties towards Declan and the safeguarding measures required in the immediate and medium to long term. Emphasis will be placed on the principles of the Children Act 1989, alongside relevant statutory guidance such as ‘Working Together to Safeguard Children’ (2018). Professional values, as outlined by Social Work England, will underpin the discussion to ensure ethical practice. The essay aims to balance description with critical analysis, supported by academic literature, to provide a comprehensive evaluation of how the law can be applied to this complex scenario.
Local Authority Duties Under Legislation in Declan’s Case
The local authority holds a statutory obligation to safeguard and promote the welfare of children within its jurisdiction, as outlined in the Children Act 1989, particularly under Section 17, which defines a ‘child in need,’ and Section 47, which mandates inquiries when there is reasonable cause to suspect significant harm (UK Government, 1989). In Declan’s case, several indicators—such as the lack of electricity, rodent droppings, and dampness in the home, alongside Susie’s apparent alcohol use and aggressive behaviour—suggest that Declan may be experiencing neglect and potential emotional or physical harm. These conditions arguably fall within the definition of a ‘child in need,’ requiring the local authority to provide support services, including financial assistance or family support, to prevent escalation (Johns, 2023).
Moreover, Section 47 investigations are triggered by the school’s concerns and the social worker’s observations during the home visit, particularly Susie’s act of throwing her phone at Declan and her statement about relinquishing care. The local authority must assess whether Declan is at risk of significant harm, which encompasses both physical injury and impairment of health or development due to inadequate care (UK Government, 1989). Statutory guidance under ‘Working Together to Safeguard Children’ (2018) further mandates multi-agency collaboration, involving schools, health services, and potentially the police, to ensure a comprehensive assessment of risk (HM Government, 2018). This approach should prioritise Declan’s welfare as paramount, a core principle of the Children Act 1989, while also considering Susie’s capacity to parent effectively (Brammer, 2024).
A critical perspective reveals that while the local authority has clear duties, resource constraints and high caseloads often limit the timeliness and depth of interventions (Thompson, 2024). Therefore, while legislation provides a robust framework, practical implementation requires strategic management, such as prioritising urgent cases like Declan’s and ensuring regular monitoring. Furthermore, the local authority must balance support with potential coercive measures, such as initiating care proceedings if Susie remains uncooperative, to uphold its legal obligations without alienating the family unnecessarily.
Safeguarding Declan: Immediate and Medium to Long-Term Actions
Safeguarding Declan necessitates a dual approach addressing immediate risks and planning for sustained stability. In the immediate term, the social worker must assess the severity of the risk posed by Susie’s behaviour and the home environment. Given Susie’s apparent intoxication and physical aggression—evidenced by throwing her phone at Declan—an emergency protection order (EPO) under Section 44 of the Children Act 1989 may be justified if there is imminent danger (UK Government, 1989). This would allow for Declan’s temporary removal to a safe environment, potentially with his grandparents, Harry and Sherine, if they are deemed suitable following an assessment. Alternatively, if the risk is not deemed immediate, an interim care order could be sought to share parental responsibility with the local authority while further investigations occur (Carr and Goosey, 2024).
Additionally, the social worker must adhere to professional standards set by Social Work England, which emphasise anti-oppressive practice and respect for service users’ dignity (Social Work England, 2019). This means engaging Susie empathetically to understand underlying issues such as financial strain or substance misuse, rather than solely focusing on punitive measures. Statutory guidance in ‘Working Together to Safeguard Children’ (2018) also underscores the importance of early help; thus, immediate referrals to community support services, including housing assistance to address the dampness and lack of electricity, should be initiated (HM Government, 2018).
In the medium to long term, a child protection plan under Section 47 may be necessary if ongoing risks are identified. This would involve regular reviews and multi-agency input to monitor Declan’s welfare, potentially including therapeutic support for emotional harm caused by witnessing aggression (Clawson et al., 2025). If Susie is unable or unwilling to engage—evidenced by her statement about Declan entering care—consideration of alternative permanency options, such as kinship care with his grandparents or foster care, must be explored under the Adoption and Children Act 2002 (UK Government, 2002). However, the principle of minimal intervention, as embedded in the Children Act 1989, suggests that family preservation should remain the goal unless risks are unmanageable (Evans and Harvey, 2022).
Critically, medium to long-term planning must address Susie’s needs alongside Declan’s, as her well-being directly impacts her parenting capacity. While the Mental Capacity Act 2005 could be relevant if Susie’s alcohol use impairs decision-making, there is insufficient evidence in the case study to confirm this, and thus any assessment must be evidence-based (UK Government, 2005; Brown, 2020). Supportive interventions, such as substance misuse programmes or parenting courses, could be offered to rebuild family functioning, aligning with social work values of empowerment and strengths-based practice (Thompson, 2024).
Conclusion
In conclusion, the case of Susie and Declan highlights the intricate application of child welfare legislation, primarily the Children Act 1989, alongside statutory guidance like ‘Working Together to Safeguard Children’ (2018), to address safeguarding concerns. The local authority’s duties under Sections 17 and 47 mandate a proactive response to Declan’s apparent neglect and risk of harm, managed through immediate actions like emergency protection if necessary, and medium to long-term strategies such as child protection plans or permanency arrangements. Professional values, as articulated by Social Work England, ensure that interventions remain ethical and supportive, balancing Susie’s needs with Declan’s paramount welfare. The analysis underscores the complexity of translating legal frameworks into practice, given resource limitations and the need for multi-agency collaboration. Ultimately, this case illustrates the importance of timely, evidence-based, and empathetic social work practice to safeguard vulnerable children while striving to preserve family unity where possible.
References
- Brammer, A. (2024) Social Work Law. 6th ed. Harlow: Pearson Education Limited.
- Brown, R. (2020) The Approved Mental Health Professional’s Guide to Mental Health Law. 5th ed. London: Learning Matters.
- Carr, H. and Goosey, D. (2024) Law for Social Workers. 17th ed. Oxford: Oxford University Press.
- Clawson, R., Warwick, L. and Fyson, R. (2025) The Child Protection Handbook. 4th ed. Amsterdam: Elsevier.
- Evans, M. and Harvey, D. (2022) Social Work Law: Applying the Law in Practice. St Albans: Critical Publishing.
- HM Government (2018) Working Together to Safeguard Children: A Guide to Inter-Agency Working to Safeguard and Promote the Welfare of Children. London: HM Government.
- Johns, R. (2023) Using the Law in Social Work. 9th ed. London: Learning Matters.
- Social Work England (2019) Professional Standards. Social Work England.
- Thompson, N. (2024) Understanding Social Work: Preparing for Practice. 6th ed. London: Bloomsbury Academic.
- UK Government (1989) Children Act 1989. London: HMSO.
- UK Government (2002) Adoption and Children Act 2002. London: HMSO.
- UK Government (2005) Mental Capacity Act 2005. London: HMSO.
