Private children law cases involve disputes between two or more private individuals regarding a child. These are generally where parents have split up and there is disagreement about who the child should live or spend time with but can extend to include a variety of other welfare issues (such as schooling or healthcare).
The vast majority of private law applications involve such issues and where the court requires professional social work input to inform its decision-making, the court will make directions for a report pursuant to either section 7 or section 37 of the Children Act 1989 (‘CA 1989’).
Section 7 report – the court may ask CAFCASS or the relevant local authority officer to report and make recommendations to the court on matters in dispute concerning the welfare of the child.
Section 37 report – where it appears to the court that it may be appropriate for a care or supervision order to be made, the court may direct the appropriate authority to undertake an investigation of the child’s circumstances and report thereon.
There is a commonality between section 7 and 37 reports in that when reporting upon the upbringing of a child, his/her welfare should be the paramount consideration (by reference to those matters set out in the Welfare Checklist at section 1(3) of CA 1989). However, there are five key differences:-
Author
Section 7 reports can be directed from either CAFCASS or an officer of the relevant local authority (or such other person as the authority considers appropriate). Local courts will have their own protocols to determine which is the most suitable agency to author the report which are likely to involve consideration of the extent of each agency’s prior involvement and nature of any risks identified.
Section 37 reports, however, can only be directed from the ‘appropriate’ local authority.
Scope
Section 7 reports concern only the child/ren in respect of whom the application has been made and advise the court on such matters relating to the welfare of the child as are required to be dealt with. Accordingly, they can be required to address a broad spectrum of issues… who a child should live/spend time with, whether the child should relocate within or outside this jurisdiction, whether the child should attend a particular school, have a particular medical procedure or similar. They do not tend to involve issues where the child is suffering or at risk of suffering significant harm.
By virtue of section 37 reports being ordered only when it appears to the court that it may be appropriate for a care or supervision order to be made, the court must consider that the child’s circumstances are such that he/she is suffering or likely to suffer significant harm and that the harm or likelihood of harm is attributable to (i) the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or (ii) the child being beyond parental control.
Section 37 reports may also be made in respect of ‘any child’ about whose welfare questions arise within any family proceedings (subject to it appearing to the court that it may be appropriate for a care or supervision order to be made with respect to him).
Content
A section 7 report will typically detail enquiries undertaken; provide a family profile; identify the nature of the application and the issues in dispute including whether there is any agreement between the parties; analyse the case in light of the Welfare Checklist; set out a reasoned assessment of the options available to the Court and make recommendations.
The content of a section 37 report is prescribed by statute so that it should address whether the local authority is (a) making an application for a care or supervision order and, if not, their reasons for so deciding and whether it would be appropriate to review the case at a later stage, (b) providing services or assistance for the child; or (c) taking any other action with respect to the child.
Related Powers
According to section 38(1) CA 1989, where the court makes a direction for a section 37 report, the court may make an interim care or supervision order with respect to the child concerned subject to it being satisfied that there are reasonable grounds for believing that the section 31 ‘interim threshold’ is met. This would serve to bestow parental responsibility upon the local authority (in the case of an interim care order being made) and place additional duties and responsibilities upon the local authority in terms of its support for the family and child.
No such power exists when a section 7 report is directed.
Timeframe
Section 7 CA 1989 provides no statutory timeframe for the completion of a welfare report but periods between twelve and sixteen weeks are typical.
Section 37 CA 1989, however, specifies that ‘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’
Advanced CCA and Private Law
Our panel of Independent Social Workers is comprised of former (and, in some instances, current) Local Authority Social Workers and CAFCASS officers/Guardians each of whom has considerable experience in reporting to the court upon various welfare issues.
Many of our Independent Social Workers and Parenting Practitioners have developed areas of specialism (parental alienation, domestic abuse, relocation) and we can offer assessments and support services by a practitioner with the availability and specific skills to meet your case requirements.
Our panel associates’ professional experience, their routine involvement within public children law proceedings and their comparative availability makes them ideally placed to assist the court where it appears that it may be appropriate for a care or supervision order to be made in respect of the subject child.
