The following Family guidance note Produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an investigation by a local authority into the welfare of a child if it appears that public law orders, namely a supervision order or a care order, may be appropriate. The investigation will result in a report, often referred to as a ‘section 37 report’.
See also subtopic: Care and supervision orders.
When determining whether a section 37 direction should be made, the child’s welfare will be the paramount consideration.
The wording of ChA 1989, s 37 is wide. A direction may be made under this provision within ‘any family proceedings’ in which a question arises with respect to the welfare ‘of any child’. This empowers the court to direct a section 37 report within proceedings for any type of order under ChA 1989, s 8, or for a parental responsibility order, or any application that could be deemed to come within the ambit of ‘family proceedings’. Family proceedings are defined in ChA 1989, s 8(3) as any proceedings under the inherent jurisdiction of the High Court in relation to children, and under the enactments mentioned in ChA 1989, s 8(4), inter alia, ChA 1989, Pts I, II and IV, the Matrimonial Causes Act 1973,
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234