Citations: [2001] EWCA Civ 1305, [2001] 3 FCR 164, [2001] 3 FCR 164 Links: Bailii Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Cited by: Cited – Kent County Council v G and others HL 24-Nov-2005 A residential assessment order had been made under the 1989 Act in care proceedings. When the centre recommended … Continue reading C (Children), Re (Residential Assessment): CA 4 Jul 2001
TL, the mother appealed against refusal of her application by the appellant for a residential parenting assessment pursuant to section 38(6) of the Children Act 1989. Judges: Sir Nicholas Wall P, Moore-Bick, Black LJJ Citations: [2011] EWCA Civ 812 Links: Bailii Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Children Updated: 16 September 2022; … Continue reading In re S (A Child); TL v London Borough of Hammersmith and Fulham, ED, S (by a Children’s Guardian): CA 15 Jul 2011
The mother appealed an order that her younger son be placed in care and freed for adoption. Hers and her children’s lives had been chaotic. Nevertheless she complained that she had not been given the opportunity to demonstrate her ability to care for her son. She sought an assessment under s38(6). The judge had concluded … Continue reading In re K (Children): CA 27 Jul 2005
Citations: [2007] EWCA Civ 697, [2007] Fam Law 797, [2007] 2 FLR 1066 Links: Bailii Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Children Updated: 20 December 2022; Ref: scu.270400
The parents were dependent on drugs. The guardian ad litem proposed that the authority should fund treatment of the parents and child in a residential unit with assessment. The authority proposed a detoxification programme. The authority appealed an order following the guardian’s recommendation. Held: The order was for treatment not assessment and therefore outside the … Continue reading Re D (Jurisdiction: Programme of Assessment or Therapy): CA 12 May 1999
The court had directed that the parents of the child be offered therapeutic treatment which, it was hoped, would enable their child to be entrusted to their care. The local authority appealed. Held: The appeal succeeded. Thorpe LJ said that counsel was correct to characterise the proposal ‘as essentially a programme of therapy for the … Continue reading In the Matter of B (Minors): CA 22 Jul 1998
Court has no power to order Local Authority to provide residential assessment of family of child. Citations: Gazette 23-Oct-1996 Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Children Updated: 01 November 2022; Ref: scu.81784
The mother appealed against a judge’s refusal in care proceedings to make a direction under section 38(6) of the Children Act 1989. Citations: [2011] EWCA Civ 661 Links: Bailii Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Children Updated: 13 September 2022; Ref: scu.440315
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 judge made an interim care order and gave an order for a residential assessment. The parents … Continue reading In Re C (A Minor) (Interim Care Order: Residential Assessment): HL 29 Nov 1996
When ordering a local authority to pay the costs of residential assessment of mother and child, the court should allow for these factors. It must be assessment not treatment, in long term interests of the child, to enable court to decide and not unreasonable. As to Re C: ‘ . . it does seem to … Continue reading In Re M (Residential Assessment Directions): FD 23 Sep 1998
A residential assessment order had been made under the 1989 Act in care proceedings. When the centre recommended a second extension of the assessment, the council refused, saying that the true purpose was not the assessment of the child but the treatment of the mother. Held: The appeal succeeded: ‘the main purpose of the proposed … Continue reading Kent County Council v G and others: HL 24 Nov 2005
Application for leave to appeal against refusal to order residential assessment under section 38(6). ECHR Articles 6 and 8, and the underlying philosophy of the 1989 Act, required that a case be fully investigated and that all the relevant evidence necessary should be in place before children were permanently removed from their natural families and … Continue reading Re L and H (Residential Assessment); CT and Another v Bristol City Council and others: CA 14 Mar 2007
The authority, having taken the mother three older children took an interim care order within ten days of the birth of the fourth. Both parents went into a residential assessment unit with the baby, and on progress being made, proposed rehabilitation in the community. On one occasion the mother left the unit overnight, complaining of … Continue reading Re H (a Child): 12 Dec 2002
The mother was addicted to drugs. Whilst the grandmother was in hospital, the authority referred G’s case because of concerns at G’s development. An order freeing her for adoption was made. The grandmother sought an assessment under s38. Held: The grandmother’s appeal failed. Her arguments presumed that she would have been the primary carer not … Continue reading Re G: 2003
The local authority applied for an interim care order immediately the child, B, was born. A proposal was made for the mother and child to move from the maternity hospital to a residential placement a mother and baby home which provided help in improving parents’ child care skills. The local authority was not prepared to … Continue reading In re B (Interim care order: Directions): CA 14 Jan 2002
Gilliat C, the child was the subject of proceedings. There were five other children, the authority had concerns about her abilities, and the father was a Schedule 1 sex offender. Two children exhibited sexualised and abusive behaviour at school. The court had previously ordered removal of the boys for assessment. Further orders were made for … Continue reading Re I and E (Residential Assessment Order): CA 1997
An elder child had died, and the local authority felt unable to exculpate either the father or the mother. On the birth of this child all three had been brought in for a residential assessment. First one then another extension was sought. The court found that this service had become therapeutic rather than for assessment, … Continue reading In re G (a Child) (Interim Care order: Residential assessment): CA 27 Jan 2004
A family residential assessment was considered. A residential hospital assessment was recommended, but the authority proposed a less expensive local assessment. The parents sought an order under section 38(6) for the recommended assessment. The judge thought the recommended option preferable, but ordered the local assessment out of considerations of cost. Held: The parents’ appeal was … Continue reading Re C (A child): CA 2002
The court set out the criteria to be used when ordering payment by the council of the costs of a residential assessment ordered during care proceedings. Citations: Times 25-Aug-2006 Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Children, Local Government, Legal Aid Updated: 20 May 2022; Ref: scu.244693
Care proceedings were commenced in respect of two children. The court directed the local authority to carry out an assessment which would require in effect the full time attention of a social worker, the child having been taken into care. The authority replied that it would undertake the assessment but that there would be a … Continue reading Berkshire County Council v C and others: QBD 1993
After the birth C had been placed with a foster carer with a view to adoption. the authority had had concerns about the mother’s ability to care for the child after her treatment of older children. The mother found a more stable relationship, and now sought an assessment, and was supported by the guardian and … Continue reading Re H (2004): 2004
Whilst under assessment before consideration of a final order, the mother said she had hurt her older child. The hospital was unable to provide 24 hour supervision, and the assessment was terminated. The parents sought an order for an assessment at an alternative hospital. Held: If the assessment was necessary, it was not correct to … Continue reading B County Council v L and Others: FD 2002
CH suffered injury, and a care order was sought, with rehabilitation a possibility. The guardian wanted adoption. In the absence of a paediatric psychiatric report, the judge approved the care plan and gave directions that a child psychiatrist should be informed on placement. The Guardian was not allowed to call his witnesses, and he appealed, … Continue reading Re CH (Care or Interim Care Order): 1998
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 examination’. It was importance that the subsection only refers to the examination or assessment ‘of the child’ … Continue reading In Re M (Interim Care Order: Assessment): CA 2 Jan 1996
Appeal by the local authority against the case management decision pursuant to s 38(6) of the Children Act 1989 it was he directed that the parents and the subject child should undergo a residential assessment at Symbol UK Judges: His Honour Judge Moradifar Citations: [2021] EWFC B18 Links: Bailii Jurisdiction: England and Wales Children Updated: … Continue reading Re J (A Child: Residential Assessment): FC 9 Apr 2021
The father sought to revoke a freeing order. He said that the social workers had conspired to exclude him from the process. The child was born of a casual relationship, and at first he was unaware of the proceedings. On learning of them he sought to revoke the placement order. Aware that they were doing … Continue reading In re F (A Child) (Placement Order); C v East Sussex County Council (Adoption): CA 1 May 2008
A Local Authority cannot be obliged to bear the cost of an assessment of a family in residential care. Citations: Times 03-Oct-1996, [1996] EWCA Civ 619 Statutes: Children Act 1989 39 38(6) Jurisdiction: England and Wales Children, Local Government Updated: 31 October 2022; Ref: scu.140486
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 … Continue reading In re L: CA 1996
The mother of the child applied for leave to appeal against an order under section 38(9), seeking a residential assessment. Held: The judge had been exercising a discretion which he had done properly, and the court would not interfere with it. Judges: Mummery LJ, Wall LJ Citations: [2008] EWCA Civ 1078 Links: Bailii Statutes: Children … Continue reading In re S (A Child): CA 12 Aug 2008
On the birth of their fourth child, the three older children having removed and adopted, the authority obtained psychiatric reports for the parents and applied for a further care order. One report offered treatment over two years, the other doubted whether rehabilitation was possible. The Guardian’s expert’s report suggest possible treament leading to rehabilitiation within … Continue reading Re B (Psychiatric Therapy for Parents): 1999
The applicant had left care, but still received assistance. She was arrested and the police asked the attending social worker to arrange secure accommodation overnight. The respondent refused. The court was asked what duty (if any) is owed by local authorities to provide ‘secure accommodation’ for arrested juveniles whom they are requested to receive under … Continue reading M, Regina (on the Application of) v Gateshead Council: CA 14 Mar 2006
The council brought care proceedings. A residential assessment was to be ordered. The Council sought an order for the respondent mother who was legally aided to bear a portion of the cost of the assessment. The Legal Services Commission intervened to object to any order to pay any contribution to the costs. Held: An assessment … Continue reading Lambeth London Borough Council v S and C and V and J and Legal Services Commission: FD 3 May 2005
Six of the seven children were already in care, and an application was to be made for the seventh. The guardian proposed a residential assessment of mother and baby. The authority sought separate assessments, with an immediate interim order, and the child placed with foster parents. The mother appealed. Held: Her appeal was allowed. The … Continue reading Re B (a Minor): CA 2002