Court-directed child welfare investigations (CA 1989 s.37)
Court may order local authority to investigate a child in family proceedings. Authority must report within eight weeks unless court directs otherwise.
Where, in any family proceedings in which a question arises with respect to the welfare of any child, it appears to the court that it may be appropriate for a care or supervision order to be made with respect to him, the court may direct the appropriate authority to undertake an investigation of the child’s circumstances. Where the court gives a direction under this section the local authority concerned shall, when undertaking the investigation, consider whether they should— apply for a care order or for a supervision order with respect to the child; provide services or assistance for the child or his family; or take any other action with respect to the child. Where a local authority undertake an investigation under this section, and decide not to apply for a care order or supervision order with respect to the child concerned, they shall inform the court of— their reasons for so deciding; any service or assistance which they have provided, or intend to provide, for the child and his family; and any other action which they have taken, or propose to take, with respect to the child. The information shall be given to the court before the end of the period of eight weeks beginning with the date of the direction, unless the court otherwise directs. The local authority named in a direction under subsection (1) must be— the authority in whose area the child is ordinarily resident; or where the child is not ordinarily resident in the area of a local authority, the authority within whose area any circumstances arose in consequence of which the direction is being given. If, on the conclusion of any investigation or review under this section, the authority decide not to apply for a care order or supervision order with respect to the child— they shall consider whether it would be appropriate to review the case at a later date; and if they decide that it would be, they shall determine the date on which that review is to begin.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
In any family proceedings where a question about a child’s welfare arises, if the court thinks a care or supervision order might be appropriate, it can direct the local authority to investigate the child’s circumstances.
The local authority must then consider whether to apply for a care or supervision order, provide services or assistance, or take other action. If they decide not to apply, they must tell the court their reasons, any services they have provided or plan to provide, and any other action they have taken or propose. They must do this within eight weeks from the date of the direction, unless the court directs otherwise.
The authority directed must be the one in whose area the child is ordinarily resident, or if no ordinary residence, the authority where the circumstances arose. After the investigation, if the authority decides not to apply for an order, they must consider whether to review the case later and, if so, set a date for that review.
When it applies
- A parent in a private law children dispute mentions concerns about neglect, and the judge orders a local authority investigation.
- A child’s school reports possible abuse, and during care proceedings the judge directs an investigation.
- In a divorce case, one parent claims the other is unable to care for the child, and the court orders an investigation.
- A child is living with grandparents but no care order exists, and the court considers whether to initiate care proceedings by ordering an investigation.
What this section does not say
- It does not require the local authority to apply for a care order; they may decide not to.
- It does not give the court power to order a specific outcome of the investigation.
- It does not apply to criminal proceedings or matters outside family proceedings.
- It does not set the criteria for care orders (that is s.31).
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This page reproduces the text of CA 1989 s. 37 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.