Reports under section 37 of the Children Act 1989

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Practice notes

Reports under section 37 of the Children Act 1989

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk

Practice notes
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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 a public law order, 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 should the court order a section 37 report?

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:

  1. any type of order under ChA 1989, s 8, or

  2. a parental responsibility order, or

  3. any application that could be deemed to come

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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Jurisdiction(s):
United Kingdom
Key definition:
Local authority definition
What does Local authority mean?

The County, Unitary or london borough Council for a defined area.

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