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.
Mummery LJ, Wall LJ
 EWCA Civ 1078
Children Act 1989 38(9)
England and Wales
Cited – Re L and H (Residential Assessment); CT and Another v Bristol City Council and others CA 14-Mar-2007
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 . .
Cited – In Re G (A Minor) (Interim Care Order: Residential Assessment); G (Children), In Re (Residence: Same Sex Partner) HL 26-Jul-2006
The parties had been a lesbian couple each with children. Each now was in a new relationship. One registered the two daughters of the other at a school now local to her but without first consulting the birth mother, who then applied for residence . .
These lists may be incomplete.
Updated: 10 February 2021; Ref: scu.276834