Child assessment orders CA 1989 s. 43
Local authorities can seek a child assessment order under CA 1989 s. 43 for up to 7 days when significant harm is suspected and assessment is refused.
On the application of a local authority or authorised person for an order to be made under this section with respect to a child, the court may make the order if, but only if, it is satisfied that— the applicant has reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm; an assessment of the state of the child’s health or development, or of the way in which he has been treated, is required to enable the applicant to determine whether or not the child is suffering, or is likely to suffer, significant harm; and it is unlikely that such an assessment will be made, or be satisfactory, in the absence of an order under this section. In this Act “ a child assessment order ” means an order under this section. A court may treat an application under this section as an application for an emergency protection order. No court shall make a child assessment order if it is satisfied— that there are grounds for making an emergency protection order with respect to the child; and that it ought to make such an order rather than a child assessment order. A child assessment order shall— specify the date by which the assessment is to begin; and have effect for such period, not exceeding 7 days beginning with that date, as may be specified in the order. Where a child assessment order is in force with respect to a child it shall be the duty of any person who is in a position to produce the child— to produce him to such person as may be named in the order; and to comply with such directions relating to the assessment of the child as the court thinks fit to specify in the order. A child assessment order authorises any person carrying out the assessment, or any part of the assessment, to do so in accordance with the terms of the order. Regardless of subsection (7), if the child is of sufficient understanding to make an informed decision he may refuse to submit to a medical or psychiatric examination or other assessment. The child may only be kept away from home— in accordance with directions specified in the order; if it is necessary for the purposes of the assessment; and for such period or periods as may be specified in the order. Where the child is to be kept away from home, the order shall contain such directions as the court thinks fit with regard to the contact that he must be allowed to have with other persons while away from home. Any person making an application for a child assessment order shall take such steps as are reasonably practicable to ensure that notice of the application is given to— the child’s parents; any person who is not a parent of his but who has parental responsibility for him; any other person caring for the child; any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact; any person who is allowed to have contact with the child by virtue of an order under section 34; and the child, before the hearing of the application. Rules of court may make provision as to the circumstances in which— any of the persons mentioned in subsection (11); or such other person as may be specified in the rules, may apply to the court for a child assessment order to be varied or discharged. In this section “ authorised person ” means a person who is an authorised person for the purposes of section 31.
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
Section 43 allows a local authority or authorised person to apply for a child assessment order. The court may grant the order if there is reasonable cause to suspect the child is suffering or likely to suffer significant harm, an assessment is required to determine this, and the assessment is unlikely to happen satisfactorily without a court order.
The order specifies when the assessment begins and lasts for a period of up to 7 days from that date. Anyone in a position to produce the child must do so and follow court directions. The child may only be kept away from home if necessary for the assessment and under specific court directions regarding family contact.
If a child has sufficient understanding to make an informed decision, the child may refuse a medical, psychiatric, or other assessment. If the court finds grounds for an emergency protection order and determines it should make one, it must not make a child assessment order.
When it applies
- A local authority suspects a child is suffering significant harm, but the parents refuse to allow a doctor to examine the child.
- A social services department needs a court order requiring parents to produce a child for a developmental assessment lasting up to 7 days.
- A teenager assessed as having sufficient understanding decides to refuse a psychiatric examination ordered by the court.
What this section does not say
- Urgent emergency removal of a child in immediate danger (governed by emergency protection orders under ca1989s.44).
- Long-term care proceedings or placing a child in local authority care (governed by interim care orders under ca1989s.38 or full care orders).
- Emergency protection of children initiated directly by police officers (governed by ca1989s.46).
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of CA 1989 s. 43 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.