Children Act 1989, section 7

Welfare reports

Part I Introductory

(1)A court considering any question with respect to a child under this Act may—

(a)ask [F29an officer of the ServiceF29][F30 or a Welsh family proceedings officerF30] ; or

(b)ask a local authority to arrange for—

(i)an officer of the authority; or

(ii)such other person (other than [F29an officer of the ServiceF29][F30 or a Welsh family proceedings officerF30] ) as the authority considers appropriate,

to report to the court on such matters relating to the welfare of that child as are required to be dealt with in the report.

(2)The Lord Chancellor may [F31, after consulting the Lord Chief Justice,F31] make regulations specifying matters which, unless the court orders otherwise, must be dealt with in any report under this section.

(3)The report may be made in writing, or orally, as the court requires.

(4)Regardless of any enactment or rule of law which would otherwise prevent it from doing so, the court may take account of—

(a)any statement contained in the report; and

(b)any evidence given in respect of the matters referred to in the report,

in so far as the statement or evidence is, in the opinion of the court, relevant to the question which it is considering.

(5)It shall be the duty of the authority or [F29officer of the ServiceF29][F30 or a Welsh family proceedings officerF30] to comply with any request for a report under this section.

[F32 (6)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).F32]

Definitions used in section 7 7

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
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
officer of the Service

“officer of the Service” has the same meaning as in the Criminal Justice and Court Services Act 2000 ;

Defined in s.105(1) · see it in the full Act
Welsh family proceedings officer

“Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004 .

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
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
functions

“functions” includes powers and duties;

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

Cases considering section 7 74

A, B and C (Child Arrangements: Final Order at Dispute Resolution Appointment), Re

[2025] EWCA Civ 55 · 31 January 2025Interprets

Interprets the provision as permissive: a report should be ordered only where necessary to resolve a welfare issue. The court was entitled to refuse a further report after considering the available evidence, earlier investigations and the absence of safeguarding concerns (see paras [48]-[52]).

P-G (Children) V

[2015] EWCA Civ 1025 · 29 July 2015

The court treated the section 7 reports as material evidence relied upon in the fact-finding exercise. The accepted independent review showed defects in those reports which made the findings unsafe and incapable of appellate scrutiny (see paras [10]-[14]).

J (A Child)

[2008] EWCA Civ 631 · 20 May 2008Limits

Limits the function of a section 7 report: it informs the judge, who must consider the child's wishes and feelings and assess the report's reliability and effect. A defective investigation did not require a rehearing because the judge examined its shortcomings (see paras [8]; [13]).

54 more judgments, and what each says about section 7, are in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F29Words in s. 7(1)(5) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 88; S.I. 2001/919, art. 2(f)(ii)
  2. F30Words in s. 7(1)(5) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 6; S.I. 2005/700, art. 2(2)
  3. F31Words in s. 7(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 204(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
  4. F32S. 7(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 204(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

Commencement

  1. I7S. 7 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)