Section 37 — Children Act 1989: Powers of court in certain family proceedings.

Powers of court in certain family proceedings. 37 1 Where, in any family proceedings in which a question arises with respect to the welfare of any child, it appears to the court that it may be appropriate for a care or supervision order to be made with respect to him, the court may direct the appropriate authority to undertake an investigation of the child’s circumstances.

2 Where the court gives a direction under this section the local authority concerned shall, when undertaking the investigation, consider whether they should—

a apply for a care order or for a supervision order with respect to the child;

b provide services or assistance for the child or his family; or c take any other action with respect to the child.

3 Where a local authority undertake an investigation under this section, and decide not to apply for a care order or supervision order with respect to the child concerned, they shall inform the court of—

a their reasons for so deciding;

b any service or assistance which they have provided, or intend to provide, for the child and his family;

and c any other action which they have taken, or propose to take, with respect to the child.

4 The information shall be given to the court before the end of the period of eight weeks beginning with the date of the direction, unless the court otherwise directs.

5 The local authority named in a direction under subsection (1) must be—

a the authority in whose area the child is ordinarily resident; or b where the child is not ordinarily resident in the area of a local authority, the authority within whose area any circumstances arose in consequence of which the direction is being given.

6 If, on the conclusion of any investigation or review under this section, the authority decide not to apply for a care order or supervision order with respect to the child—

a they shall consider whether it would be appropriate to review the case at a later date;

and b if they decide that it would be, they shall determine the date on which that review is to begin.