Q&As

In what circumstances can a local authority be requested to assist the court in a private law children's action?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 16 March 2018

There a number of ways in which a local authority may get involved in a private law children case. Pursuant to section 7 of the Children Act 1989 (ChA 1989), the court may direct a welfare report to be prepared either by Cafcass or by the local authority. If the local authority is directed to prepare the report, the court will expect the social worker who writes the report to be made available to give evidence and to be cross-examined if necessary. Whether the local authority or Cafcass is the body directed to prepare the section 7 report (ChA 1989, s 7) will usually depend on the extent of local authority involvement with

Katherine Illsley
Katherine Illsley

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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United Kingdom

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