In exercising its jurisdiction under the Act, the court’s function is investigative and non-adversarial. Ward LJ: the court had no power to order a residential assessment at a specified place. Millett LJ agreed, but said that a judge could impose ‘a condition which is consequential upon the giving of directions for a residential assessment under section 38(6) . .’
Judges:
Ward LJ, Millett LJ
Citations:
[1996] 2 WLR 395
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – In Re C (A Minor) (Interim Care Order: Residential Assessment) HL 29-Nov-1996
The parents were suspected of causing the child non-accidental injury. The court wanted a residential assessment of the family, but the local authority refused, saying it would be too expensive, and would expose the child to continuing risk. The . .
Followed – In Re M (Interim Care Order: Assessment) CA 2-Jan-1996
There was no jurisdiction under section 38(6) to order residential assessment of a family involved in care proceedings. The words ‘other assessment of the child’ had to be construed as ejusdem generis with the words ‘medical or psychiatric . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 27 October 2022; Ref: scu.228016