Children Act 1989, section 43

Child assessment orders

Part V Protection of Children

(1)On the application of a local authority or authorised person for an order to be made under this section with respect to a child, the court may make the order if, but only if, it is satisfied that—

(a)the applicant has reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm;

(b)an assessment of the state of the child’s health or development, or of the way in which he has been treated, is required to enable the applicant to determine whether or not the child is suffering, or is likely to suffer, significant harm; and

(c)it is unlikely that such an assessment will be made, or be satisfactory, in the absence of an order under this section.

(2) In this Act “a child assessment order” means an order under this section.

(3)A court may treat an application under this section as an application for an emergency protection order.

(4)No court shall make a child assessment order if it is satisfied—

(a)that there are grounds for making an emergency protection order with respect to the child; and

(b)that it ought to make such an order rather than a child assessment order.

(5)A child assessment order shall—

(a)specify the date by which the assessment is to begin; and

(b)have effect for such period, not exceeding 7 days beginning with that date, as may be specified in the order.

(6)Where a child assessment order is in force with respect to a child it shall be the duty of any person who is in a position to produce the child—

(a)to produce him to such person as may be named in the order; and

(b)to comply with such directions relating to the assessment of the child as the court thinks fit to specify in the order.

(7)A child assessment order authorises any person carrying out the assessment, or any part of the assessment, to do so in accordance with the terms of the order.

(8)Regardless of subsection (7), if the child is of sufficient understanding to make an informed decision he may refuse to submit to a medical or psychiatric examination or other assessment.

(9)The child may only be kept away from home—

(a)in accordance with directions specified in the order;

(b)if it is necessary for the purposes of the assessment; and

(c)for such period or periods as may be specified in the order.

(10)Where the child is to be kept away from home, the order shall contain such directions as the court thinks fit with regard to the contact that he must be allowed to have with other persons while away from home.

(11)Any person making an application for a child assessment order shall take such steps as are reasonably practicable to ensure that notice of the application is given to—

(a)the child’s parents;

(b)any person who is not a parent of his but who has parental responsibility for him;

(c)any other person caring for the child;

[F609 (d)any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact;F609]

(e)any person who is allowed to have contact with the child by virtue of an order under section 34; and

(f)the child,

before the hearing of the application.

(12)Rules of court may make provision as to the circumstances in which—

(a)any of the persons mentioned in subsection (11); or

(b)such other person as may be specified in the rules,

may apply to the court for a child assessment order to be varied or discharged.

(13) In this section “authorised person” means a person who is an authorised person for the purposes of section 31.

Definitions used in section 43 10

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
the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · 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
harm

“harm” has the same meaning as in section 31(9) and the question of whether harm is significant shall be determined in accordance with section 31(10);

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

“emergency protection order” means an order under section 44;

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

“child assessment order” has the meaning given by section 43(2);

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

(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

Defined in Sch.1 para.16(2) · see it in the full Act

21 In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996 . ).

Defined in Sch.3 para.21 · see it in the full Act
parental responsibility

“parental responsibility” has the meaning given in section 3;

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

(1) In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

Defined in s.3(1) · see it in the full Act
child arrangements order

"child arrangements order " means an order regulating arrangements relating to any of the following—

(a)

with whom a child is to live, spend time or otherwise have contact, and

(b)

when a child is to live, spend time or otherwise have contact with any person;

Defined in s.8(1) · see it in the full Act

“child arrangements order” has the meaning given by section 8(1);

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

Cases considering section 43 15

I (Children: Child Assessment Order)

[2020] EWCA Civ 281 · 28 February 2020Limits

The court interpreted s 43 as providing a brief, focused and least interventionist assessment power. It is intended to gather information needed to determine whether significant harm exists or is likely and whether further protective action is justified (see paras [21]; [35]-[36]). The court interpreted the reasonable-cause-to-suspect condition as a relatively low threshold. It is a threshold to be crossed, and a stronger belief held by the local authority does not exclude reliance on s 43 (see paras [18]-[22]). The court held that the required assessment may determine not only whether significant harm exists or is likely, but also its nature and extent and what further action may be required. A narrow yes-or-no interpretation was rejected (see paras [21(4)]; [35]). The court treated parental refusal and the resulting inability to obtain the proposed assessment by agreement as relevant to whether assessment was unlikely to be made or satisfactory without an order. Other available information did not necessarily have to be obtained first (see paras [32(4)-(5)]; [35]). The court identified s 43(4) as the statutory restriction preventing a child assessment order where there are grounds for an emergency protection order and that order ought to be made instead (see para [21(3)]). The court held that a child of sufficient understanding may refuse to participate, but that refusal does not prevent the court from making an order. The child’s views remain an important factor depending on the circumstances, risk and proposed assessment (see paras [24]; [30]; [34]-[35]).

XUY, R (on the application of) v London Borough of Croydon

[2026] EWHC 2214 (Admin) · 17 August 2026Interprets

Provides the child assessment order mechanism. The court identifies it as the judicialised route for obtaining access and completing an assessment where parents and social workers cannot agree. (see paras [52], [106], [133], [139]) Requires reasonable cause to suspect significant harm, a need for assessment, and likely inadequacy of assessment without an order. Where parental non-cooperation leaves section 47 enquiries incomplete, the authority should seek this order rather than use a child protection plan to bypass the difficulty. (see paras [52], [133])

X, Re Emergency Protection Orders

[2006] EWHC 510 (Fam) · 16 March 2006

Applies the Child Assessment Order as an alternative where the local authority needs assessment or investigation but lacks grounds for emergency removal. (see paras [76]; [99]; [101])

1 more judgment, and what each says about section 43, are in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F609S. 43(11)(d) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 34; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.

Commencement

  1. I40S. 43 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)