Download SKELETON FORMAT FOR SECTION 37 REPORT and more Lecture notes Public Law in PDF only on Docsity!
September 2017
SKELETON FORMAT FOR SECTION 37 REPORT – AIDE MEMOIRE
Please read and then delete these good practice points
The purpose of a s37 report is to advise the court as to why the LA are NOT issuing public law proceedings in relation to a child who the court has significant concerns about. The emphasis is on the negative as it is assumed if a LA intend to issue, they will simply get on with doing so.
The report must provide the court with information and advise them as to what (if any) other orders should be made to promote the child’s welfare and identify any opportunities for helping the parents to reach their own agreement. The court wants an analytical rather than narrative report to assist them.
It is not however your role to actually resolve the disputes.
Please ensure that you have read the relevant guidance notes.
The Section 7 template MUST be completed in LCS – there is an option to convert it to a Word document when you need to send it to Court
IN THE FAMILY COURT at INSERT COURT Case Number: INSERT FROM THE ORDER
Re : Child(ren)’s names (dates of birth)
BETWEEN:
INSERT FULL NAME Applicant
- and –
INSERT FULL NAME Respondent
REPORT UNDER SECTION 37 OF THE CHILDREN ACT
Author of report: INSERT YOUR NAME
Signature of author: ……………………………..
Date: date completed
This report has been prepared for the court and should be treated as confidential. It must not be shown, or its contents revealed to any person other than a party or a legal adviser to such a party. Such legal advisor may make use of the report in connection with an application for public funding.
What assessment tools did you use? DO NOT recount full details of the assessment however
Identify what support services have been offered to the family by the LA historically DO NOT include full details
5. Family composition Include all extended family who are referred to within the report Consider using a separate genogram if relationships are complex
Be careful not to disclose any parties address in your report if there is a risk of potentially adverse consequences.
If someone is identified on this, you should try to speak to them to gain their views prior to completion of the report.
6. Current arrangements for the children Briefly set out who the children currently live with and what are the current arrangements for contact. Are there any orders in place at the moment?
DO NOT comment here as to anyone’s views about how these arrangements are working currently
7. The parties’ proposals Briefly set out what is each person seeking for themselves and proposing for the other party
DO NOT explain their rationale or make any comment here about anyone’s view on whether the proposal will work
- Details of previous involvement with Social Services / Children’s Services
A BRIEF chronological summary of significant and relevant events including key dates for events such as C&F Assessment undertaken and outcome, when child(ren) was made subject to CP plans
The court is more concerned with a professional analysis of the evidence rather than a simple rendition of the bare facts in a case
If there has been a long history consider exhibiting a separate chronology
9. Child impact analysis Dealing with each child in turn, using their name as a sub-heading set out your assessment of each child ’s particular needs (identifying what assessment processes have been used and how these have helped to identify these needs) including: age, gender, cultural background, any religious beliefs, and any characteristics such as particular strengths or vulnerabilities and the strength of any sibling relationship Any physical needs such as housing, warmth and need for regular food and bedtime routines; any health and physical disability needs; any emotional and therapeutic needs; any educational needs. The ascertainable wishes and feelings of the child/children concerned (consider in the light of his/her/their age and understanding). If they are too young describe their behaviour in response to their circumstances and state what a child of that age should expect.
The scale, nature and impact of the harm/risk of harm to the child(ren); How has the harm suffered impacted upon the child’s development and need The likely effect on him/her/them of any change in circumstance eg. if the child(ren) were to be removed into current carer or contact occurs, what would this mean for the child
welfare of the child has been my paramount consideration.
14. Options Available to the Court Include consideration of welfare checklist section (g) the range of powers available to the court under this Act in the proceedings in question for e.g. no order, residence order, contact order, specific issue order, prohibited steps order. Also consider the no order principle. If additional support by a LA is felt to be warranted it may be appropriate to consider a Family Assistance Order 15. Conclusion You must ensure you address the following clearly: a) Will BCC be applying for a Public Law order? if not, b) Will BCC be providing some other service to the child/family? c) Will the decision be reviewed at some point in the future?
Matters to reflect upon: What harm is the child(ren) (at risk of) suffering? Is this harm significant enough to warrant care proceedings? What would the harm to the child of issuing proceedings be?
Is is proportional to issue, or are there other measures still to be tried either by the court or the LA? eg following CP process, changing a child’s place of residence?
Briefly summarise each parties positive and negative attributes What is each child’s best interests, and why, in the short term How can the situation be moved forward into the long term Who other than the LA can support the parties? If further assessments/work is required, specify what, why and timescales
What in your professional opinion would be the best order for the court to make and why.
REMEMBER IT IS NOT APPROPRIATE TO RECOMMEND EITHER
A CARE ORDER OR A SUPERVISION ORDER WITHOUT
PIM APPROVAL AND AN LPM
Signature …………………………………
Name …………………………………
Date ………………………………….
