Ordering welfare reports on a child CA 1989 s. 7
Under CA 1989 s. 7, a court may request a child welfare report from a local authority or family proceedings officer, who is required to comply.
A court considering any question with respect to a child under this Act may— ask an officer of the Service or a Welsh family proceedings officer ; or ask a local authority to arrange for— an officer of the authority; or such other person (other than an officer of the Service or a Welsh family proceedings officer ) as the authority considers appropriate, to report to the court on such matters relating to the welfare of that child as are required to be dealt with in the report. The Lord Chancellor may , after consulting the Lord Chief Justice, make regulations specifying matters which, unless the court orders otherwise, must be dealt with in any report under this section. The report may be made in writing, or orally, as the court requires. Regardless of any enactment or rule of law which would otherwise prevent it from doing so, the court may take account of— any statement contained in the report; and any evidence given in respect of the matters referred to in the report, in so far as the statement or evidence is, in the opinion of the court, relevant to the question which it is considering. It shall be the duty of the authority or officer of the Service or a Welsh family proceedings officer to comply with any request for a report under this section. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).
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
When a court considers any question about a child under the Children Act 1989, it can direct an officer of the Service, a Welsh family proceedings officer, or a local authority to prepare a report on matters affecting the child's welfare.
The requested officer or authority has a mandatory legal duty to comply with the court's direction. The report may be delivered in writing or presented orally depending on what the court specifies.
The court is explicitly permitted to consider any statement or evidence in the report that it deems relevant to the issue, even if standard evidentiary rules might otherwise restrict it.
When it applies
- A judge directs a local authority officer to investigate a child's living conditions during a parental dispute.
- The court asks a Welsh family proceedings officer to assess an arrangement regarding a child's care and upbringing.
- An officer of the Service provides oral testimony in court concerning specific welfare matters requested by the judge.
What this section does not say
- A parent attempting to demand a welfare report independently without a court direction.
- Revocation or disclaimer of guardianship appointments.
- General duties of local authorities regarding voluntary homes or child care providers.
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This page reproduces the text of CA 1989 s. 7 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.