E (Section 37 Direction, The Children Act 1989) [2025] EWCA Civ 470

The Court of Appeal has handed down judgment in Re E (Section 37 Direction) [2025] EWCA Civ 470, which clarifies the scope of the court’s power under section 37(1) Children Act 1989 to direct a local authority to carry out an investigation into a child’s circumstances, and the consequential power to make interim public law orders under section 38(1)(b).

It was held that the phrase “Where, in any family proceedings in which a question arises with respect to the welfare of any child” means proceedings in which a question arises for determination about the welfare of a child. Thus, the power under section 37(1) does not extend to any child who comes to the court’s attention during the proceedings.

The first instance Judge had therefore been wrong to exercise that power in respect of three children who were not the subject of the proceedings; no question had arisen for the court to determine about those children.

Olivia Pike represented the Appellant local authority, which also successfully argued that the course adopted by the Judge in making an order under section 37(1) and consequential interim supervision orders had been unfair; no notice had been given to the parents of the children, the matter was not listed for an early return hearing once notice had been given, there was an insufficient evidential basis on which to make an interim public law order and the Judge had not considered the legal principles applicable to the making of such orders. The appointment of a guardian for the children was ultra vires.

Read the judgment here