Section 7 and Section 37 Reports

1. When Should the Order for a Section 7 Report come to the Trust?

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 Trust 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 should first discuss this with the allocated local authority social worker and/or the first line manager.

When an application is made, the court will instruct CAFCASS to make safeguarding checks. CAFCASS will contact the Trust CASS, who will advise them whether the child is known to the Trust. If the child is known, they will send a form to the appropriate team – this form must be completed and returned immediately, as it is the means by which cases that should be directed to the Trust are identified.

The court will sometimes order the Trust 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 Court Business Support Unit, who will forward them to the allocated social worker or, if the case is unallocated, to the relevant team manager. The social worker or team manager will respond directly to the court.

2. Receiving a Direction for a Section 7 Report

Directions to provide a section 7 report will initially be processed by the Court Business Support Unit. This is an administrative service only – if practice or legal questions arise, the social worker should raise them with the team manager.

If the case appears unsuitable for the Trust to produce the report, the court business support worker will send a letter to the court asking for the request to be re-directed to CAFCASS.

If the case is currently allocated to a social worker, the court business support worker will send copies of all court documentation and a covering memo to the social worker and the team manager;

In all other cases (those which are suitable for the Trust but not currently allocated to a social worker), the court business support worker will

• Send all court documentation and a covering memo to the Children's Advice and Support Service (CASS); 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 court business support worker of the name of the responsible social worker. If it is unlikely that the court deadline can be met, the team manager must inform the court business support worker immediately.

The court business support worker will send letters 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 s/he is 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 the Trust.

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. S/he 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.

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 will write to the court asking for an extension.

If, in the course of the investigation, the social worker feels that action should be taken under the child protection procedures, s/he 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 court business support worker will contact the social worker to ask for the final version. The social worker will complete the standard front cover sheet and add it to the report before sending two copies to the Court Business Support Unit.

The court business support worker will file the report with court with a covering letter requesting information about the date of the final hearing and whether the social worker will need to attend court.

The court business support worker will:

• Serve a copy of the report on all parties in the case with a covering letter; and
• Send a stamped copy to the social worker with a covering memo giving the final hearing date (if this is available).

It is not normally necessary for the social worker to attend court, but the court may direct that they do so. Note that Legal Services do not attend court to support the social worker.

5. Section 37 Reports: Legal Duties

On receiving a direction under Section 37, the Trust 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 Right Help, Right Time Indicators.

If the Trust, after investigating, decide not to initiate care proceedings, it 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 her/his 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

On receiving a direction to provide a section 37 report, Legal Services will send a memo with the court papers to the appropriate team. This will state the date by which the Trust must file the report 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 s/he understands 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 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.

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.

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 the Trust.

7. Making the Decision

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

The court will not make an order based on the report: 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.

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 the Trust fails to meet the time limit set, the court will make a Wasted Costs Order against it.

The social worker will sign and date the report and send a copy to Legal Services who will file it with the court. Care should be taken to ensure that the report arrives at Legal Services at least five working days before the court deadline.