When handling child arrangements and safeguarding concerns, the Children Act 1989 provides family courts with essential tools to determine the best interests of the child. Three key reports: Section 7, Section 37, and Section 16A play a crucial role in these decisions.
This guide explains each report’s purpose, when they’re used, and their impact on family law cases.
1.Section 7 Report – Welfare Assessment
A Section 7 report is a welfare report ordered by the court to assess a child’s best interests. It is typically prepared by CAFCASS (Children and Family Court Advisory and Support Service) or the local authority.
When is it used?
-Private family law disputes (e.g., child custody, visitation rights).
-When the court requires an independent assessment of the child’s welfare.
What Does It Include?
-The child’s wishes and feelings (considering age and understanding).
-Input from parents, teachers, doctors, and other professionals.
–Recommendations for child arrangements.
Key Takeaway
While the court considers the report seriously, it is not bound by its recommendations. If the court disagrees, it must provide clear reasons.
2. Section 37 Report – Local Authority Investigation
What is a Section 37 Report?
A Section 37 report directs the local authority to investigate whether a child may need a care order or supervision order.
When is it used?
– When there are serious safeguarding concerns (e.g., risk of harm, neglect).
– If the court believes state intervention may be necessary.
What Does It Include?
– Whether the local authority will apply for a care or supervision order.
-Available support services for the family.
-A follow-up plan if further review is needed.
Key Takeaway
These reports are usually completed within 8 weeks to avoid delays in protecting the child.
3. Section 16A Report – Risk Assessment
What is a Section 16A Report?
A Section 16A report is a confidential risk assessment submitted to the court if a child may be at risk of harm during proceedings.
When is it used?
If safeguarding concerns arise at any stage of the case. Even when risk is suspected but not yet proven.
What Does It Include? Reasons for the risk concern. Supporting evidence. Urgent recommendations to protect the child.
Key Takeaway
Unlike Section 7 reports, Section 16A reports are confidential and shared only with the court.
Why These Reports Matter
Section 7 helps determine child arrangements based on welfare. Section 37 ensures the court considers public law intervention when needed. Section 16A acts as an urgent safeguard for at-risk children.
Understanding these reports allows family law practitioners to request the right assessment and advise clients effectively.