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Section 37 Orders or Reports

Section 37 Orders / Reports

 

What is a Section 37 Order?

 

During Private Children Law proceedings, such as an application for a child arrangement order, if concerns are raised in relation to the welfare of the child and the court are of the view that that it may be necessary for a Care Order or Supervision Order to be made then the Court will order a Section 37 Report. The Court will direct the Local Authority to undertake an investigation of the child`s circumstances and report to the Court as to whether they need to issues public law proceedings for Care or Supervision orders.

 

How long will the investigation last?

The investigation has to be completed within 8 weeks.

 

What will the investigation consider?

 

The Social Worker undertaking the assessment will take into account:

  • If the Local Authority should apply for a Care Order or Supervision Order
  • If the Local Authority should provide services or assistance for the child and their family
  • If the Local Authority should take any other action in relation to the child

 

What will the Section 37 Report cover?

 

The report will cover a range of aspects, to include but not limited to the following:

  • Background information and profile of the child and each family member involved in the day to day care of the child
  • History of the involvement of Social Services and any other professional agency with the child
  • A summary of the assessment of the Social Worker to include their comments in relation to the welfare checklist and the no order principle
  • The social workers’ conclusions and recommendations with reasons

 

What will happen once the Section 37 Report has been filed?

 

Upon receipt of the section 37 Report:

  • If the conclusion recommends the provision of services of the family, then a detailed description and times scale of the services will need to be outlined, including where they can be accessed.
  • The conclusion may recommend no further action at this time, however the matter maybe reviewed after a certain period of time. The Court will be informed of the date of the review.
  • If the report recommends a Care Order or Supervision Order should be applied for, then the Local Authority will be invited by the Court to apply for the necessary Order.
  • A recommendation may be made for the child to be made subject to a child protection plan or child in need plan or to remain on a plan if one is already in place.

 

How can Duncan Lewis Solicitors help you?

 

Duncan Lewis Solicitors can advise you in relation to Section 37 Orders and Reports and can assist you within proceedings overall. Duncan Lewis Solicitors have specialist solicitors who represent parents, family members and children within this area of law.  Our solicitors, trainees and caseworkers also speak a range of languages to assist clients where required with any language barriers.

 

Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.

 

How will the matter be funded?

 

Depending on the application, legal aid may be available and you can be assessed for this prior to the matter being taken on. Alternatively, a quote for a fixed fee or the hourly rates charged by your legal representative may also be provided. You will be advised of the funding arrangements prior to the proceedings commencing.

 

For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.

 


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