Children Act 1989, section 37

Powers of court in certain family proceedings

Part IV Care and Supervision

(1)Where, in any family proceedings in which a question arises with respect to the welfare of any child, it appears to the court that it may be appropriate for a care or supervision order to be made with respect to him, the court may direct the appropriate authority to undertake an investigation of the child’s circumstances.

(2)Where the court gives a direction under this section the local authority concerned shall, when undertaking the investigation, consider whether they should—

(a)apply for a care order or for a supervision order with respect to the child;

(b)provide services or assistance for the child or his family; or

(c)take any other action with respect to the child.

(3)Where a local authority undertake an investigation under this section, and decide not to apply for a care order or supervision order with respect to the child concerned, they shall inform the court of—

(a)their reasons for so deciding;

(b)any service or assistance which they have provided, or intend to provide, for the child and his family; and

(c)any other action which they have taken, or propose to take, with respect to the child.

(4)The information shall be given to the court before the end of the period of eight weeks beginning with the date of the direction, unless the court otherwise directs.

(5)The local authority named in a direction under subsection (1) must be—

(a)the authority in whose area the child is ordinarily resident; or

(b)where the child[F573 is not ordinarily residentF573] in the area of a local authority, the authority within whose area any circumstances arose in consequence of which the direction is being given.

(6)If, on the conclusion of any investigation or review under this section, the authority decide not to apply for a care order or supervision order with respect to the child—

(a)they shall consider whether it would be appropriate to review the case at a later date; and

(b)if they decide that it would be, they shall determine the date on which that review is to begin.

Definitions used in section 37 9

family proceedings

“family proceedings” has the meaning given by section 8(3);

Defined in s.105(1) · see it in the full Act

(3) For the purposes of this Act “family proceedings” means any proceedings—

(a)under the inherent jurisdiction of the High Court in relation to children; and

(b)under the enactments mentioned in subsection (4),

Defined in s.8(3) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act
a supervision order

“a supervision order” means an order under subsection (1)(b) and (except where express provision to the contrary is made) includes an interim supervision order made under section 38.

Defined in s.31(11) · see it in the full Act
supervision order

“supervision order” has the meaning given by section 31(11);

Defined in s.105(1) · see it in the full Act
local authority

“local authority” means, in relation to England ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968 ;

Defined in s.105(1) · see it in the full Act
a care order

“a care order” means (subject to section 105(1)) an order under subsection (1)(a) and (except where express provision to the contrary is made) includes an interim care order made under section 38; and

Defined in s.31(11) · see it in the full Act
care order

“care order” has the meaning given by section 31(11) and also includes any order which by or under any enactment has the effect of, or is deemed to be, a care order for the purposes of this Act; and any reference to a child who is in the care of an authority is a reference to a child who is in their care by virtue of a care order;

Defined in s.105(1) · see it in the full Act
service

“service”, in relation to any provision made under Part III, includes any facility;

Defined in s.105(1) · see it in the full Act

Cases considering section 37 76

E (Section 37 Direction, The Children Act 1989)

[2025] EWCA Civ 470 · 16 April 2025Interprets

Section 37(1) permits an investigation only where the proceedings require determination of a welfare question concerning the child to be investigated. It does not extend to a child about whom concern arises only incidentally during proceedings concerning another child. (see paras [64]-[81]; [93]-[94]) The court used section 37(2) to explain that an investigation requires the local authority to consider public-law proceedings, services, assistance and other action for the child concerned. (see paras [28]; [69]) Section 37(3) requires information about a decision not to start proceedings and about services or other action for the child. The court used it to confirm the report’s function in deciding options for the child already before the court. (see paras [28]; [69])

E (A Child) (Rev 1)

[2018] EWCA Civ 550 · 6 March 2018

Applies the power to direct an investigation where a question about a child’s welfare arises and care or supervision proceedings may be appropriate. It provides an additional route from section 8 proceedings where there are further care concerns (see paras [96]-[97]).

F (Children) (Rev 1)

[2014] EWCA Civ 1474 · 13 November 2014Interprets

Interprets section 37 as a targeted mechanism for investigating whether public-law intervention or services are required, rather than as a general welfare-reporting provision. (see paras [34]-[46]) Applies section 37(1) as authorising the court to direct a local-authority investigation where a care or supervision order may be appropriate. The resulting report informs the local authority’s future public-law intentions. (see paras [34]-[46]) Interprets section 37(2) as defining the local authority’s considerations during the investigation, including public-law proceedings, services and other action. This limits the report’s function. (see paras [34]-[45]) Applies section 37(2)(a) by treating the report as addressing whether the local authority should apply for a care or supervision order, rather than determining welfare in the private-law proceedings. (see paras [34]-[45]) Applies section 37(2)(b) by recognising that the report may address services or assistance for the child or family. It is not required to provide the complete welfare analysis. (see paras [34]-[45]) Confirms that the local authority may consider other action concerning the child. The report’s role is to clarify future public-law intentions before the private-law court determines welfare. (see paras [34]-[45])

56 more judgments, and what each says about section 37, are in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F573Words in s. 37(5)(b) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 16; S.I. 1991/1883, art. 3, Sch.

Commencement

  1. I34S. 37 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)