Section 37 Report

The court will direct a social worker from either the local authority or a Cafcass officer to compile a section 37 report. Cafcass officers are experienced professionals who specialise in children and family court proceedings, and they are often involved in public children law cases, providing expert reports on welfare issues. The author of the report will be a qualified professional social worker with experience in dealing with children and families, although in some cases related assessments or reports may also involve independent social workers.

Purpose and Scope

The primary purpose of reports such as section 7 and section 37 reports is to provide the family court with a complete picture of the child’s circumstances and welfare. These reports are vital in family proceedings, particularly when the court is considering whether to make a care or supervision order. The scope of these reports is broad, covering the child’s physical safety, emotional health, and psychological development, as well as the capacity of parents or carers to provide appropriate care. Social workers use the welfare checklist set out in the Children Act 1989 to guide their assessment of the child’s needs, safety, and welfare, ensuring that all relevant factors are considered. When there are concerns about significant harm, domestic violence, or the need for a child protection plan, the court may direct the local authority to investigate further and provide a detailed report, and good decision-making should follow best practice. This process helps the court determine whether support services, a supervision order, or a care order is necessary.

The social worker undertaking the report will be required to carry out a thorough assessment of the circumstances. As per section 37 of the Children Act 1989, they will need to consider the local authority’s responsibilities under section 37, including the following:

• Whether the local authority should apply for a care order or for a supervision order with respect to the child
• Whether the local authority should provide services or assistance for the child or their family, or
• Whether the local authority should take any other action with respect to the child.

• The name of the child or children and their dates of birth
• The deadline by which the report must be completed and
• The name of the social worker responsible for the report.

The section 37 report will need to provide the following information:

• Background
• History of children’s services and other agency interventions
• Profile of each child
• Profile of each adult who is a party to the proceedings
• The response of the family members to the current circumstances
• The social workers comments regarding the welfare checklist
• The social workers comments regarding the no order principle and its relevance to the case
• The social workers conclusions and recommendations with reasons.
• Results of safeguarding checks, including information gathered from Trust or agency staff to verify whether the child is known to their services.

The report must also address whether the local authority should apply for a care or supervision order and provide reasons for their conclusions. It is important that before submitting the report to the court, the report is discussed with the manager of the social worker, as this reflects good practice before submission to the court. If there are any doubts about the recommendations that may be made to the court, the social worker should seek advice from the Legal Department.

A parent or the local authority cannot make an application for a section 37 report to the family court. Ultimately it is up to the family court as to whether it feels there is a need in child proceedings to make a direction for a report. However, the parties to child proceedings which include parents, or the local authority may suggest to the court that a section 37 report may be an appropriate course of action, but the court will confirm.

Once the court has directed for a report, the statutory timeline begins from the date of the court’s direction. The local authority is required to investigate the child’s circumstances and prepare a Section 37 report within eight weeks. The social worker must complete and submit this report to the court within eight weeks unless the court has agreed to an extension of the timescale.

Private Law Considerations

In private law cases—such as disputes between parents or family members about where a child should live or who they should see—the court’s main focus remains the welfare of the child. The court may order a section 7 report, prepared by Cafcass or the local authority, to assess the child’s circumstances and make recommendations on issues like residence, contact, and other welfare matters. For example, this may help the court decide where a child lives or how time is shared between parents. Sometimes, the court may also consider making a prohibited steps order to prevent certain actions, or a family assistance order to provide additional support to the family. If concerns about the child’s welfare escalate, the court can direct the local authority to prepare a section 37 report, which may lead to care proceedings and the possibility of a care order or supervision order. Throughout this process, the court relies on the welfare checklist and the principles of the Children Act 1989 to ensure that every decision is made in the best interests of every child or young person whose welfare is before the court, with the aim of providing the right support and protection for the child and their family.

According to section 37 of the legislation the report must answer the primary question which is whether there is a need to apply for a care or supervision order with respect to the child. Whilst addressing this primary concern the report must also contain a conclusion as whether the children involved are suffering significant harm as per section 31.(2) of the Children Act 1989.  This requires consideration of the nature of the harm and whether the harm suffered is attributable to:

• the care given or likely to be given to the child if the order is not made, not being reasonable for a parent to give; or
• child’s being beyond parental control.

If the social worker has decided against applying for a care or supervision order following its investigation then then they must also explain this in the report together with the reasons for the decision.

The section 37 report must also outline whether other services or support have, or will be offered to the family, as an alternative to legal intervention. Within the report the author must also inform the court if it is intending to review the case in the future, and if so when the review of the matter will take place.

Quite often parents may make an application for an order under section 8 of the Children Act 1989. The orders covered by this section are:

• Child Arrangements order specifying where the child is to live with and or whom the child will maintain contact with
• Prohibited steps order
• Specific issue order, or
• Family assistance order.

In the above cases the court may want more information about a child’s welfare to decide on what action will be the best for the child and may request a section 7 report. The report will take consider the risks to the child which are raised in relation to the parents or other relatives.

This differs from the section 37 report for which the main purpose is to ascertain whether a care or supervision order should be applied for in order to protect the child. The main difference between a section 7 report and a section 37 report is that a section 7 report is prepared where there is a private law dispute between the parents and or other family members, whereas a report is required to be produced where the court believes that public law involvement may be needed by way of intervention from the local authority.

A section 37 report could up to 8 weeks to be prepared and submitted to the family court. In the interim the court may choose to make an interim care order for a maximum of 8 weeks. The court does not have the power to require the local authority to make an application for a care or supervision order following their investigation of the child’s circumstances.

Whilst a section 37 report is being prepared the courts can make an interim care order. You might be wondering what is an interim care order and may not have come across such an order. You might have heard the terms full care order or a final care order. An interim care order falls under section 38 of the Children Act 1989. So what is an interim care order?

An interim care order similarly to a full care order which gives the local authority in question parental responsibility over a child. Therefore whilst understanding what an interim care order is, it important for you to understand that the making of such an order gives the local authority the power and authority to make decisions over a child similar to those what a parent would make.

Whilst conducting its investigation and applying for an interim care order the local authority is required to prepare a care plan. Such a plan details whom the child will live with as well as the contact arrangements for the parents until the final hearing.an interim care order is granted by the court if it identifies that a child is at serious risk of harm. 

Whilst wondering what is an interim care order you might also be intrigued as to how long an interim care order lasts for. As specified in the name, an interim care order is temporary. An interim care order can last for up to 8 weeks. Interim care orders are reviewed regularly and can be extended every 4 weeks.

When understanding what is an interim care order, you might be wondering whether such an order can be challenged an overturned. Interim care orders can be subject to an appeal if you believe something about the facts or the making of an order itself is incorrect.

As a parent you could also make an application to discharge the interim care order altogether. The courts will usually consider a discharge of an interim care order where it can be proved that there has been a change in circumstances which is significant.  The courts can also on its own accord discharge an interim care order where they feel a child can best be cared for at home and the interim care order is no longer required.

Once Section 37 report has been prepared the social worker will be responsible for sending this report to the court. The court will also arrange for copies of the section 37 report to all the parties involved in the proceedings. The social worker who carried out the investigations and prepared the report will also be expected to be available for the court hearing.

A section 37 report is very serious for a parent. The impact of a section 37 report is that the court are considering whether your child should be removed from your care, given that there is a possibility they are suffering from significant harm whilst in your care.

The family court cannot forcefully make the local authority to issue care or supervision proceedings. If the local authority during their investigations have not been able to identify any issues relating to the welfare of the child or have not been able to evidence any issues of harm being caused to the child then no further action will be taken. However, the report will provide the full reasons for reaching this decision which will be considered by the court.

If the section 37 report has made a recommendation for care proceedings to be initiated then this means the investigations have established that that there are issues with the welfare of the child and therefore the child will be removed from your care. Parental responsibility of the child will be provided to the local authority who will hold this along with the other parental responsibility holders. However, the local authority can exercise their parental responsibility above the other parental responsibility holders as far as it is necessary to safeguard the welfare of the child.

If the report contains any factual errors or omissions then the author of the report needs to be contacted so as to allow them the opportunity to rectify the report.

If, however you are of the opinion that the section 37 report is incorrect then you can challenge this report by one of the following ways which are discussed in some detail:

Statement: In some instances, the court directions will provide for further statements to be filed following the filing of the welfare report. This allows for parties to consider the section 37 report, so they are able to comment on it. This appears to be sensible since it can help identify the issues and arguments which could be dealt with in the next hearing.

Complaint: A formal complaint can be made to the author of the report if one party is not agreeable to the report. But what is the ideal time to make a complaint against the report?

It is difficult to assess when might be the best time to complain. A complaint during the investigation stage may annoy or anger the officer who has such potential power over your children’s lives. Your complaint may just possibly result in your case being transferred to another officer, but this officer is likely to be a colleague of the original officer and supportive of him. You may wish to secure advice from our family lawyers in York or across the UK before taking such steps.

Quite often a parent will usually want to make a complaint once they are in receipt of the report. However, if you wait until this point there is likely to be insufficient time between the filing of the report and the actual hearing for any corrective action to take place.

Making a formal complaint may lead to an adjournment of the hearing as the report may need to be considered with a few of either preparing an addendum report or an entirely new report from a different officer. However, this might not be in your child’s interest given that your child may have been removed from your care by way of an interim order. Quite often judges may decide to go  ahead with the hearing despite a complaint if they believe a delay is likely to prejudice the welfare of the child.

Complaints, especially those about the conduct of the investigation, arising after the report has been filed may be regarded by the court simply as your way of releasing your anger because it is not in your favour. The court may also state that had the report been favourable to you there would have been no such complaints.

How much does a Section 37 report cost parents?

The Section 37 report cost to parents is nothing – the local authority funds Section 37 investigations. However, you might face legal costs if you need to challenge Section 37 report findings or defend against care proceedings. Getting early advice from family lawyers about Section 37 proceedings often saves money in the long run by avoiding more serious complications later.

What agencies contribute to Section 37 investigations?

Schools, GPs, health visitors, police, and any existing support services all feed information to social workers. Everyone becomes a potential witness. Our family lawyers help ensure these professionals understand your situation fairly. If you’d like to know what to expect when social services are called, we recommend reading our step-by-step guide.

How do school concerns trigger Section 37 reports in family cases?

Schools reporting neglect signs, concerning behaviour, or abuse indicators can influence courts to order Section 37 investigations during existing family proceedings. Poor attendance, developmental issues, or emotional problems raise red flags. Family law experts can help you address school concerns proactively and work with educators to support your case.

Can grandparents request Section 37 reports?

Grandparents can’t directly request Section 37 reports – only courts can order them. However, you can raise welfare concerns with the court during family proceedings or contact local authorities about safeguarding. Family lawyers can advise grandparents on the most effective ways to protect their grandchildren when parents are struggling.

What threshold criteria trigger Section 37 investigations?

There’s no fixed threshold – courts use discretion based on welfare concerns. Domestic violence, substance abuse, mental health crises, or persistent conflict all raise red flags. Our family law specialists help you understand what specifically worried the court.

What evidence do courts need for Section 37 reports?

Courts need surprisingly little – just welfare concerns during proceedings. A single allegation or worrying incident can trigger one. The real evidence gathering happens during the investigation itself. Our family law experts help you understand what sparked the court’s concerns.

What evidence do social workers look for in Section 37 investigations?

Social workers conducting Section 37 assessments examine your home environment, parenting capacity, your child’s wellbeing, school performance, and any signs of significant harm. They’ll speak with teachers, doctors, and family members during the Section 37 investigation process to build a complete picture. Family law specialists can help you understand what social workers look for in Section 37 reports and how to address their concerns effectively.

What emergency powers exist during Section 37 investigations?

Courts can make emergency orders during investigations if immediate child safety concerns arise – including interim care orders or emergency protection orders. Police can also remove children in crisis situations. These emergency powers are frightening for parents, which is why having 24/7 access to experienced family lawyers is crucial.

Can parents refuse a Section 37 report?

No, you can’t refuse a Section 37 report – it’s a court order under the Children Act 1989. While this Section 37 investigation feels overwhelming, you do have rights during the Section 37 process. Family lawyers can guide you on engaging positively with social workers during Section 37 enquiries and presenting your family’s situation in the best possible light.

What happens to children during Section 37 investigations?

The vast majority of children stay with their parents during the 8-week Section 37 investigation timeline. However, if there are immediate safety concerns during Section 37 proceedings, the court might make an interim care order. The uncertainty of Section 37 investigations is tough for families, but family law experts can help you understand the Section 37 process and maintain stability for your children.

What are parents’ rights during Section 37 interviews?

You have the right to honest, fair treatment, but no automatic right to have a lawyer present during social worker interviews. You can ask for meeting notes and provide additional information afterward. Family law experts can prepare you thoroughly so you feel confident and present your best case.

Can parents see draft Section 37 reports before submission?

No, you won’t see the draft beforehand. You’ll get a copy once it’s filed with the court, usually just before your hearing. Any factual errors need highlighting immediately. Family lawyers can quickly review reports and spot problems that might have serious consequences for your case.

Do Section 37 reports affect parental responsibility?

Not directly, but their recommendations might trigger orders that do. Care proceedings resulting from negative reports definitely impact your rights. Protecting your legal status requires early intervention.

Can Section 37 reports recommend supervised contact only?

Section 37 reports focus mainly on whether care orders are needed, not contact arrangements. However, serious welfare concerns might affect your contact with your children through separate proceedings. If supervised contact is suggested, family lawyers can challenge inappropriate restrictions and fight for your relationship with your children.

Can Section 37 reports be used in future proceedings?

Unfortunately yes – they follow you. However, demonstrating genuine change over time can overcome historic concerns. Past problems don’t guarantee future failures. Our family lawyers help you build evidence of positive transformation.

How do Section 37 reports affect future family court proceedings?

Section 37 reports carry serious weight in family court – they can resolve child welfare concerns quickly if positive, or lead to care proceedings if Section 37 findings are negative. The Section 37 outcomes often influence court decisions about contact arrangements and ongoing local authority involvement. Family law specialists help you understand what Section 37 report recommendations really mean for your family’s future.

Can you get a second opinion on Section 37 report findings?

You can’t commission another Section 37 report, but you can obtain independent assessments to challenge Section 37 findings – like psychological evaluations or parenting capacity assessments. This is where experienced family lawyers become invaluable in identifying the right experts for challenging Section 37 reports and building a strong counter-case to Section 37 recommendations.

What happens if parents disagree with Section 37 social worker assignments?

You can’t choose your social worker, but you can raise concerns about bias or professional conduct through formal complaints. In serious cases, the case might be reassigned – though this rarely happens. Family lawyers can advise on legitimate grounds for challenging assignments and help you manage difficult working relationships.

Can you request a different social worker for Section 37 report?

Only with legitimate grounds like bias or misconduct. Frivolous complaints backfire spectacularly. The focus should be working constructively with whoever’s assigned. Our family lawyers help you manage difficult relationships professionally.

How long after Section 37 reports do courts make final decisions?

Courts usually schedule hearings within 2-4 weeks of receiving the report, though complex cases take longer. The waiting feels endless when your family’s future hangs in the balance. Family lawyers ensure you’re fully prepared and can sometimes expedite proceedings when delay would harm your children’s interests.

How do domestic violence allegations affect Section 37 investigations?

Domestic violence allegations dramatically intensify investigations, with social workers examining risks to both children and the non-abusive parent. Emergency protection measures, refuge placement, or supervised contact often follow. Family law specialists with domestic violence expertise can protect both you and your children throughout these complex proceedings.

How do mental health issues impact Section 37 report outcomes?

Mental health conditions don’t automatically mean negative findings if you’re managing them well and they’re not affecting your parenting. Social workers look at treatment compliance, support networks, and how it impacts your children. Family law experts work with mental health professionals to show you’re a stable, capable parent.

What support services follow negative Section 37 reports?

Even when care proceedings aren’t recommended, you might be offered parenting courses, family therapy, or ongoing monitoring. These services are usually voluntary but refusing them doesn’t look good. Family lawyers help you navigate support services positively while ensuring your rights aren’t compromised.