Commentary on Sections Section 39 – Duty to maintain family contact
137.Section 39 is a restatement of the provision in paragraph 10 of Schedule 2 to the Children Act 1989.
138.It places additional duties on a local authority in relation to a child in its area who it considers is in need of care and support and who is living apart from their family but are not being looked after by the local authority.
139.Whether or not it has determined such a child has eligible needs which must be met, the local authority must take steps to enable the child to live with their family or to promote contact between the child and their family, if it considers this is necessary to promote their well-being.