Section 7 and 37 Reports

SCOPE OF THIS CHAPTER

This policy applies when a court directs Devon Children’s Social Care 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, there are some occasions where a child may have a guardian and separate representation under  Rule 16.4 (Practice Direction 16A) as below.

  • Where the child has a standpoint or interest which is inconsistent with or incapable of being represented by any of the adult parties;
  • Where there is an intractable dispute over residence or contact, including where all contact has ceased, or where there is irrational but implacable hostility to contact or where the child may be suffering harm associated with the contact dispute;
  • Where the views and wishes of the child cannot be adequately met by a report to the court;
  • Where an older child is opposing a proposed course of action;
  • Where there are complex medical or mental health issues to be determined or there are other unusually complex issues that necessitate separate representation of the child;
  • Where there are international complications outside child abduction, in particular where it may be necessary for there to be discussions with overseas authorities or a foreign court;
  • Where there are serious allegations of physical, sexual or other abuse in relation to the child or there are allegations of domestic violence not capable of being resolved with the help of an officer of the Service or Welsh family proceedings officer;
  • Where the proceedings concern more than one child and the welfare of the children is in conflict or one child is in a particularly disadvantaged position;
  • Where there is a contested issue about scientific testing.

1. When Should the Order for a Section 7 Report come to Devon Childrens Social Care?

Under section 7 of the Children Act 1989, in private law proceedings courts can direct either Cafcass or a local authority to report on the welfare of a child. This is a decision of the court, and while representations can be made to the court about which agency is best placed to advise on the child's circumstances, views and wishes, the direction can only be amended by the court. Until the court has confirmed that an amendment has been made, the original order stands.

Most requests for section 7 reports are directed to Cafcass, but it may be appropriate for the Devon Childrens Social Care to prepare the report if they have had substantial recent involvement with the child. The circumstances under which the local authority should be ordered to complete the report are outlined in the ADCS /Cafcass Policy on whether Cafcass or a local authority should prepare a section 7 report.

The court should be advised to order the local authority to complete the section 7 report if:

  1. A child is the subject of an open and active statutory social work case with a local authority; or
  2. In the last 12 weeks, before the section 7 is ordered, there has been a statutory social work assessment of a child's welfare in accordance with the Children Act 1989 (sections 17 or 47); or
  3. In the last 12 weeks, before the section 7 is ordered, the child has been the subject of a child in need or child protection plan.

If none of the above apply, then the court should be advised to order Cafcass to complete the section 7 report. It is important for the court to note that once the local authority completes and files the section 7 report and is awaiting a court date, it will not hold the case open and active.

Whether Cafcass or a local authority are directed to prepare the report, each agency is able, pursuant to Rule 12.75 of the Family Procedures Rules 2010, to provide the other agency with all the relevant information they hold to ensure that the court has a complete picture.

Where Cafcass is recommending that a local authority prepares a section 7 report, Cafcass Service Manager will first discuss this with the allocated local authority team manager, or notifies Legal of the intended recommendation if the case is no longer open.

When an application is made, the court will instruct CAFCASS to make safeguarding checks. CAFCASS will contact Devon’s Front Door and ask them to complete the safeguarding checks form. This form is completed by the Front Door whether the child is known to us or not.

The court will sometimes order Devon Childrens Social Care to provide a letter or information from the files or, in urgent cases, for the social worker to attend court. These orders will be processed by the  Private Law legal team (privatelaw@devon.gov.uk) who will forward them to the allocated social worker or, if the case is unallocated, to the relevant team manager or Devon’s Front Door. The social worker or team manager will  Provide the information required to the Private Law legal team for checking before it is filed with the Court by Legal Services.

2. Receiving a Direction for a Section 7 Report

Directions to provide a section 7 report will initially be processed by the Private Law legal team. The legal team will consider whether the court should be invited to re-allocate the s.7 to CAFCASS under the allocation protocol. The social work team will be consulted on this.

If the case is currently allocated to a social worker, the Private Law legal team will send copies of all court documentation and a covering  email to the social worker and the team manager;

In all other cases (those which are suitable Devon Children’s Social Care but not currently allocated to a social worker), the  Private Law legal team will

  • Send all court documentation and a covering email to the Front Door; and
  • Note on the file that the case was unallocated at the time of request, so an extension may be necessary.
  • The team manager will allocate responsibility for the report to a social worker, and will notify the Private Law legal team of the name of the responsible social worker. If it is unlikely that the court deadline can be met, the team manager must notify the Private Law legal team and an official request is made for an extension, which the Court may decline. The request should be made at the point of an allocation. 

The  Private Law legal team will send  email to the court and to the parties in the case giving details of the allocated social worker.

3. Preparing a Section 7 Report

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.

There is an expectation that the social worker who prepares a section 7 report will be aware of, and will fully take into account, any statutory guidance relevant to the issues in the case. Failure to do so may lead to a wasted costs order against Devon Children’s Social Care.

Section 7 reports are generally requested when there is disagreement about who a child should live with and have contact with. The social worker preparing the report should therefore see the child with each person for whom the question of residence or contact arises. They 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 social worker may draw up the Section 7 report – there is a template for this. The court will not accept an assessment for this purpose, but a recent 47 assessment can be referenced or exhibited to the Section 7 report.

The social worker must explain the contents of the report to the child, particularly the recommendations and the account of the child's views, as far as is appropriate to the child's age and understanding.

A social worker preparing a Section 7 report does not have an automatic right to read all the reports filed with the court and it may be helpful to seek directions from the court allowing the worker to see any relevant reports that have been withheld. The Court and parties do not normally have any objection to the social worker having a copy of the bundle.

If problems arise and the report will not be ready by the court deadline, the social worker must alert the team manager immediately. The team manager must notify the  Private Law legal team and an official request will be made for an extension which the Court may decline. The request should be done at the point of an allocation.

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 the team manager and, if section 47 enquiries are initiated, notify the court of this. The section 7 investigation and the section 47 enquiries will run side by side. 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.

4. Filing a Section 7 Report

The court will identify a date by which the report must be filed. Five days before this date, the Private Law legal team will contact the social worker to ask for the final version, authorised by a team manager. The social worker will send it to the Private Law legal team for review. The Private Law legal team will file the report with court and serve it on the parties.

The Private Law legal team will have notified the allocated social worker at the time the s.7 direction is made of any requirement to attend a court hearing, and will have sent a calendar reminder for the hearing. Note that Legal Services do not attend court to support the social worker.

On receiving a direction under Section 37, Devon Childrens Social Care 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.

This decision must be made with reference to the Levels of Need framework.

If after investigating, it is decided not to initiate care proceedings, we 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 their family;
  • Any other action which it has taken, or intends to take, with respect to the child.

The court may give directions setting a time by which the report must be filed. In the absence of such directions, it must be filed within 8 weeks of the date on which the direction to investigate was issued.

6. Receiving a Direction for a s37 Report

Prior to receiving a direction, Cafcass will inform Legal Services or the allocated social worker (if there is one) that they are making such a recommendation to the Court. 

On receiving a direction to provide a section 37 report, Legal Services will send an email with the court papers to the appropriate team. This will state the date by which the report must be filed with the court. The report must be given to Legal Services at least five working days before this date. The team manager must notify Legal Services as soon as possible about any anticipated difficulty in complying with the filing date.

On receiving the direction, the team manager will allocate responsibility to a social worker and notify Legal Services of the name of the allocated worker.

The social worker should:

  • Study any documents served with the directions and ensure that they understand their significance;
  • Consider any directions regarding the investigations to be carried out; and
  • Decide whether it is possible to complete the necessary work before the date set for reporting back to the court. If it is unlikely hat investigations will be complete by that date, the social worker must discuss the situation with Legal Services as soon as this is known, as an application will have to be made to the court for an extension of time.

A social worker preparing a Section 37 report does not have an automatic right to read all the reports filed with the court and it may be helpful to seek directions from the court allowing the worker to see any relevant reports that have been withheld. The Court and parties do not normally have any objection to the social worker having a copy of the bundle. 

There is an expectation that the social worker who prepares a section 37 report will be aware of, and will fully take into account, any statutory guidance relevant to the issues in the case. Failure to do so may lead to a wasted costs order against Devon Childrens Social Care.

7. Making the Decision

The social worker and team manager will discuss the significance of the information collected, including the views of any children's guardian. They will decide whether care proceedings should be initiated and, if not, what alternative action to take.

If the decision is that care proceedings should be initiated, an application must be made as set out in Care and Supervision Proceedings and the Public Law Outline. The court has the power to make an interim public law order at the point it makes the s.37 direction.

If the decision is that care proceedings should not be initiated, the team manager must decide whether the decision should be reviewed and, if so, when the review will begin and what form it will take.

8. The Section 37 Report

There is a template for a Section 37 Report. The report must be filed with the court by the date stated on the direction to investigate. If no date is stated, it must be filed within 8 weeks of the direction being issued. If it is unlikely that investigations will be complete by that date, the social worker must discuss the situation with Legal Services as soon as this is known, as an application will have to be made to the court for an extension of time. If we fail to meet the time limit set, the court will make a Wasted Costs Order against us.

The social worker will sign and date the report and send a copy to Legal Services who will file it with the court and serve it on the parties. Care should be taken to ensure that the report, authorised off by the team manager, arrives at Legal Services at least five working days before the court deadline.