If during Private Children Law proceedings, such as an application for a child arrangement order, the court is of the view a Care or Supervision Order should be made, then the court has the power to order a Section 37 Report (called this as its provisions are found in s.37 of the Children Act 1989).
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 issue public law proceedings .The investigation has to be completed within 8 weeks.
The Social Worker undertaking the assessment will be required to consider as a part of their assessment if they should apply for a Care Order or Supervision Order, if they should provide services or assistance for the child and their family and/or if the Local Authority should take any other action in relation to the child.
The s37 assessment will cover a range of aspects, to include but not limited to the background information and profile of the child and each family member involved in the day to day care of the child, a history of the involvement of Social Services and any other professional agency with the child, a summary of the assessment of the Social Worker and their conclusions and recommendations with reasons
At the conclusion of the section 37 Report, the report could recommend provisions of services for the family, no further action, making of a care or supervision order, a recommendation 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.
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