Section 7 Reports
Section 7 reports are written by either the local authority or Cafcasswhere there are welfare concerns within Children Act proceedings. A section 7 report may be required when:
- The court is asked to make a Child Arrangements Order to determine who the child is to live with and have contact with.
- There is an application for a Prohibited Steps Order, preventing a parent doing certain things such removing the child from the jurisdiction.
- There is an application for a Specific Issue Order, meaning a parent is required to do something.
What is considered when preparing a section 7 report?
When preparing a section 7 report, the author will consider the welfare checklist set out in the Children Act 1989 at section 1(3). The relevant factors are:
- The wishes and feelings of the child.
- Physical, emotional and educational needs.
- Effect of any changes in circumstances.
- Age, sex, background and any relevant characteristics.
- Any harm suffered or at risk of suffering
- Capability of parents or any other person considered relevant in meeting the child’s needs.
- The range of powers available to the court.
What recommendations can be made?
There are a number of recommendations that can be made within the report. Some examples include (but are not limited to) a recommendation that:
- A Child Arrangements Order be made, determining who the child should live with.
- There should be no contact with a parent, or that there should be contact and how it should be facilitated.
- The parents should engage in parenting programmes for communication.
- A Prohibited steps orders to be made to, for example, prevent a party relocating with the child.
The recommendations made fall on the facts of the case and what issues arise.
Can the court go against the advice contained within the section 7 report?
The court is not bound by the section 7 report, it is there to provide guidance. The final decision lies with the court, but the section 7 report must be taken into account (Re P (Custody of Children: Split Custody Order) [1991] 1 FLR 337, CA). If the court does not follow the recommendations within the report, it should give its reasons for not doing so (Re J (Children) (Residence: Expert Evidence) [2001] 2 FCR 44, CA).
Section 37 Reports
A section 37 report is different to a section 7 report and is ordered when there are concerns that a child may be at risk of significant harm. Section 37 reports are ordered when the court determines that it may be necessary for a care order or supervision order to be made. The reports are prepared by the Local Authority or Cafcass.
If a section 37 report is ordered, pursuant to s37 of the Children Act 1989, the Local Authority or Cafcass will be directed by the court to consider whether they should:
- Apply for a care order or for a supervision order;
- Provide services or assistance for the child or the family; or
- Take any other action with respect to the child.
What if a care order or supervision order is not required?
As required by s37(3) of the Children Act 1989, should the report determine that a care order or supervision order is not necessary, the court shall be informed of:
- The reasons for deciding that it is not necessary;
- Any services or support that has been provided or will be provided to the child and the family; and
- Any other action that has been or will be taken in relation to the child.
The author of the section 37 report shall consider whether it would be appropriate to review the case at a later date and, if so, when the review shall take place (Children Act 1989 s37(6)).
If you require any assistance with section 7 or section 37 reports, please contact clerks@anvilchambers.co.uk