3. Definition of a child 'in need'
3.1 As set out in Section 17(10) of the 1989 Act, a child shall be taken to be in need if:
- He/she is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision of services by a Local Authority;
- His/her health or development is likely to be significantly impaired, or further impaired, without the provision of such services; or
- He/she is disabled
3.2 Examples of the small number of homeless 16 and 17 year olds who would have priority need under the homelessness legislation (by virtue of article 3 of the Homelessness (Priority Need for Accommodation) (England) Order 2002) would be:
- Because they had been living independently for some time prior to their homelessness;
- Those whose need for accommodation fell within Section 20 but who did not want to be accommodated under Section 20.
Such young people must be judged to be competent to make such a decision and have had the benefit of advice about the consequences of making such a decision.