Section 7 and 37 Reports in Private Law Proceedings
This procedure applies when a court directs the local authority to produce a report under Section 7 or Section 37 of the Children Act 1989.
- Section 7 applies when a court is considering a question with respect to a child under the Children Act. The court may instruct CAFCASS or the local authority to arrange for an officer to report to it on specified matters relating to the child's welfare;
- Section 37 applies in any family proceedings in which a question arises with respect to the welfare of a child. If it appears to the court that it may be appropriate to make a Care Order or a Supervision Order it may direct the local authority to investigate the child's circumstances.
Section 7 and Section 37 reports are both defined as private law proceedings.
In public law proceedings (such as care proceedings) the local authority is a party to the proceedings, usually as the applicant. In private law proceedings the local authority is not a party. The dispute is largely a private dispute between, for example, the parents of a child.
The social worker does not have a solicitor and no Children's Guardian is appointed as the child is not made a party. However, where there are issues of Domestic Abuse and Violence, a child may have separate representation, depending upon the seriousness and complexity of the matter (see Practice Direction 12J).
When a Section 7 or Section 37 report is directed, the Court will send the Order detailing those directions to the Legal Officer within the Children's Services team, who will then forward the Order on to the Social Work team. Read this order carefully as it may request certain information. Keep referring to this order in preparing the report. Keep to the timetable and file in good time via the court email.
If under rare circumstances you need an extension then you should discuss this with your line manager. Email the Legal Officer within the Children's Services team requesting that they contact Court to ask that they consider granting you an extension. In this email, explain why you need more time, say how long you need and the date by when you could supply the report. You should make a request like this as soon as you can. You are less likely to succeed if you leave it to the last minute.
If you have a legal query, contact Legal Services.
The court directions should be specific about the issues to be addressed in the report. The social worker should ensure that they are clear about what is required – if the court has specified that certain matters should be dealt with in the report, then the report produced must focus on these issues.
Section 7 reports are generally requested when there is disagreement about with whom a child should live and have contact. The Social Worker preparing the report should therefore see the child with each person, if the child is having contact with the person, for whom the question of residence or contact arises. The Social Worker should also see the child alone unless it seems inappropriate to do so, and should note any views or wishes expressed by the child and attempt to form an opinion as to whether these views are spontaneous or the result of pressure from any adult.
The author of a Section 7/37 report will seek to establish the circumstances and the perceptions of the person/s relevant to the child, and whether or not an Order is necessary and in the best interests of the child.
There is a requirement to investigate the circumstances of the child. The social worker will be guided by the 'Welfare Checklist' whilst being mindful of the issues before the Court and the directions in the Order.
When compiling a Section 7 report and a Section 37 report, the Social Worker should use the following headings as a framework: (There may be additional headings depending on what the Court Order is requesting)
- Name of Social Worker, qualifications, HCPC registration;
- Purpose of the Report;
- Background;
- History of Social Care's Services and other agency interventions;
- Profile of the child;
- Profile of parent/s or carer/s who are party to the proceedings;
- The response of the family members to the current circumstances;
- A summary of the Social Worker's assessment which must address the reasons the Court gave for requesting the report;
- The Social Worker's comments regarding the 'Welfare Checklist'.
When the Family Court is making a decision on matters that will affect a child, the Court is required to look at the welfare of the child as the paramount consideration. The 'Welfare Checklist' consists of seven statutory criteria that the Court must consider under the Children Act 1989 when reaching its decision in cases involving children. Areas you need to consider in relation to the welfare checklist are:
- The ascertainable wishes and feelings of the child concerned
The Court must consider the wishes and feelings of the child, taking into account the child's age and level of understanding in the circumstances. This will normally be determined by the local authority Social Worker, and reported to the Court. In some cases, a Judge may speak directly with a child to determine their wishes and feelings, if this is deemed appropriate and necessary.
The Court will take into account whether or not a child's wishes and feelings are their own, or whether outside factors may have influenced their decisions. There may also be a conflict of opinion between the parents'/guardians' views and that of the child. The Court will balance the views of the parties concerned, including the views of a child who is of an understanding age and mature enough to form their own opinions;
- The child's physical, emotional and educational needs
The Court will consider who is in the best position to provide for the child's emotional, physical and educational needs. A child's emotional needs can be more difficult to deal with, and the Court will consider who is best able to provide for the emotional needs of the child – both in the short term and long term;
- The likely effect on the child of changes in circumstances
The potential impact of changes to the child's life will be considered. The Court will aim to make an Order that causes the least disruption to a child's life; however, this will be balanced against other factors which need to be considered;
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The child's age, sex, background and other relevant characteristics
The Court will consider specific issues such as religion, race and culture when making a decision about a child. They may also take the parents'/guardians' hobbies and lifestyle choices into account if they feel this will impact the child's life, either now or in future; -
Risk of harm to the child
The Court will look at the risk of harm to the child. This means immediate risk of harm, as well as the risk of harm in the future. 'Harm' includes physical, emotional and mental harm. The Court will weigh up the potential risk of harm to the child in future and make an Order as appropriate. An Order may include safety measures to protect the child; -
Parents' ability to meet the child's needs
The Court will consider how able each parent is to care for the child and to meet their particular needs. This will be subjective and depend on the facts and circumstances of each case – the needs of the child and the abilities of the parents concerned; -
The range of powers available to the Court
The Court must weigh up all the factors under the 'Welfare Checklist', and consider all available Orders within their discretion. It will then make the Order that is in the best interests of the child.
The Court will consider the social worker's comments regarding the 'No Order' principle and its relevance to the case and the social worker's conclusions and recommendations with reasons.
The social worker should discuss their report and recommendations with their Manager. The recommendations should take account of Section 8 Orders, or any other Order, available to the Court under the Children Act 1989.
As well as following the above layout the report should be written succinctly and based on fact and not hearsay. If hearsay is used it needs to be recorded as such. The report needs to be written as a court document.
The statement should therefore be formatted as follows:
- Arial font size 12 in black;
- 1.5 line spaced;
- Paginated;
- Numerically paragraph numbered (i.e. 1,2,3 and not 1.1, 1.2, 1.3);
- And spell and grammar checked.
If, in the course of the investigation, the Social Worker feels that action should be taken under the child protection procedures, they must immediately consult their Manager and, if Section 47 enquiries are initiated, notify the court of this. The court will expect to be kept informed of the progress of the assessment, and the child protection conference should consider whether making one or more Section 8 orders would address the child's need for protection.
Where the Local Authority has produced a Section 7 or Section 37 report, it should be forwarded to the Legal Officer within the Children's Services team for filing with the Court. In addition, a copy should be served on each of the parties to proceedings unless the Order from the Court directing completion of the report states otherwise. Where the Local Authority has details of the parties' legal representatives, the report will be served on them via email by the Legal Officer. Where the parties are not legally represented, the Social Work team will have responsibility for serving the report on them directly.
A Section 7 report is requested by the judge in private law proceedings about an aspect of the child's welfare, usually contact or residency. When the local authority is requested to do this, it is usually because the local authority has been involved with the family either currently or historically. However the judge will decide when making the order if social care or CAFCASS should complete the Section 7 report. Good Practice Guidance ADCS / Cafcass Good Practice Guidance: Determining Whether Cafcass or a Local Authority Should Prepare a Section 7 Report is available from the ADCS/Cafcass on determining whether Cafcass or a local authority should prepare a Section 7 report.
Click here to view the Practice Direction PD12J – Domestic Abuse.
This revised Practice Direction came into force in October 2017 to set out what the Family or High Court should do where it is alleged, admitted, or there is reason to believe, that a child or party has experienced Domestic Abuse perpetrated by another party. Or, there is risk of such abuse.
In any case where a risk of harm to a child resulting from domestic abuse is raised as an issue, the court should consider directing that a report on the question of contact, or any other matters relating to the welfare of the child, be prepared under Section 7 of the Children Act 1989 unless the court is satisfied that it is not necessary to do so in order to safeguard the child's interests.
Where domestic abuse is established by the court, any Section 7 report should address the factors set out in paragraphs 36 and 37 of Practice Direction 12 J, unless the court directs otherwise:
Paragraph 36
- Apply the individual matters in the welfare checklist with reference to the domestic abuse which has occurred and any expert risk assessment obtained;
- Consider any harm which the child and the parent with whom the child is living has suffered as a consequence of that domestic abuse, and any harm which the child and the parent with whom the child is living is at risk of suffering, if a child arrangements order is made;
- The court should make an order for contact only if it is satisfied that the physical and emotional safety of the child and the parent with whom the child is living can, as far as possible, be secured before during and after contact, and that the parent with whom the child is living will not be subjected to further domestic abuse by the other parent.
Paragraph 37
- The effect of the domestic abuse on the child and on the arrangements for where the child is living;
- The effect of the domestic abuse on the child and its effect on the child's relationship with the parents;
- Whether the parent is motivated by a desire to promote the best interests of the child or is using the process to continue a form of domestic abuse against the other parent;
- The likely behaviour during contact of the parent against whom findings are made and its effect on the child; and
- The capacity of the parents to appreciate the effect of past domestic abuse and the potential for future domestic abuse.
The Practice Direction presumes that a parent's involvement in a child's life is beneficial for the child, but acknowledges that domestic abuse is harmful for children and puts them at risk of harm whether they are directly subject to abuse or are a witness to it, or if they live in a home where domestic violence is perpetrated. Harm can be physical, emotional or psychological. It can also be indirect where it impairs the parenting capacity of one or both of the parents.
The court must carefully consider whether the statutory presumption (that the involvement of a parent in a child's life will further the child's welfare) applies, having particular regard to any allegation or admission of harm by domestic abuse to the child or parent or any evidence indicating such harm or risk of harm.
In addition to the established definitions of 'Domestic Violence', the Practice Direction also includes culturally specific forms of abuse like forced marriage, dowry-related abuse and transnational marriage abandonment, (i.e. where a husband deliberately leaves his foreign national wife abroad in order to prevent her asserting her matrimonial and resident rights in the UK. Sometimes this includes financial resources and may involve children who are separated from their mother).
The court must at all stages of the proceedings and particularly at the First Hearing Dispute Resolution, consider whether Domestic Abuse is raised as an issue by the parties or CAFCASS, or otherwise and must:
- Identify the factual and welfare issues;
- Consider the nature of the allegations, admission or evidence and it's relevance in deciding whether to make a Child Arrangements Order and whether terms should be applied;
- Give directions for any contested issues on this issue to be heard as soon as possible;
- Ensure that where domestic violence is proven, and there is a Child Arrangements Order in place, any arrangements protects the safety and well being of the child and parent who cares fore the child and that neither are exposed to further harm.
Throughout the Practice Direction, the concept of harm also applies to the parent who has suffered Domestic Violence and Abuse as well as the child, and the court is required to carefully consider the impact of such behaviour on both child and carer as part of the outcome of the court's directions and orders.
Finding of Facts Hearings
Where there are any disputes over allegations of domestic violence and abuse, the court should determine as quickly as possible if it is necessary to conduct a Finding of Fact hearing, and should consider the views of the parties and CAFCASS; what other evidence may be available to assist the court and determine the facts; whether it will impact upon the issues before the court, and whether a fact Finding Hearing will be a proportionate response to the matters disputed.
Where a Fact Finding Hearing is required, the court should provide clarity as to the process for this and determine the range of issues, including the key facts that are in dispute.
The same judge / chairperson involved in the Finding of Fact hearing should be involved in any subsequent hearings.
If the court directs that there shall be a fact-finding hearing on the issue of domestic abuse, the court will not usually request a Section 7 report until after that hearing.
Interim Orders: where the court gives directions for a fact Finding Hearing or there are disputed and undetermined allegations, an interim Child Arrangements Order should not be made unless the court are satisfied that it is in the interests of the child and the order would not expose the child or other parent to an unmanageable risk of harm.
Outcomes
Where there is a finding of fact, the court should individually apply the Welfare Checklist with the issue of domestic violence taking into account any expert evidence, together with any harm that either the child or the parent has suffered, or is likely to suffer, should a Contact order be made.
In all cases where there is a finding of domestic abuse or it is otherwise established, the court should consider the conduct of both parents towards each other and towards the child and its impact upon the child.
Where any domestic abuse has occurred, but the court, (considering the expert witness assessment and having applied this to the welfare checklist), considers that contact is safe and beneficial for the child, the court should consider whether any conditions are required:
- The supervision of the contact;
- Whether there should be any conditions imposed on the party who is to have contact;
- Whether contact should be for a specified period, or contain provisions for a specified time;
- Whether, considering the interests of the child, the arrangements should be reviewed by the court (and if so, the court should set a date for the review bearing the time table of the child.
Where a direct contact order is not made, the court should consider whether it is safe and beneficial for an indirect contact order to be made.
A report requested by a Court under Section 37 of the Children Act 1989 requires the Local Authority to assess the level of 'Significant Harm' to the child and report back on whether public law care proceedings should be initiated.
The purpose of the Section 37 report is for the Local Authority to consider whether it should apply for a Care Order or Supervision Order in respect of the child or whether it is appropriate to provide other services or assistance for the child.
However, you should not necessarily limit the conclusion to whether or not care proceedings should be issued. The Court will expect a recommendation as to the best legal arrangements for the children concerned if the Local Authority is not to start proceedings itself. It may be for example that your position is that the children can be adequately protected through private law orders.
On receiving a direction under Section 37, the local authority must investigate the child's circumstances and decide whether to:
- Apply for a Care Order or for a Supervision Order; or
- Provide services or assistance for the child or for his/her family; or
- Take any other action.
If the local authority after investigating, decides not to initiate care proceedings, it must inform the court in writing of:
- The reasons for taking this decision;
- Any service or assistance which it has provided or intends to provide for the child and her/his family;
- Any other action which it has taken, or intends to take, with respect to the child.
If the decision is to issue care proceedings then take legal advice as to whether you need to complete the Section 37 report or can instead notify the court that proceedings have been issued.
Last Updated: November 24, 2023
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