Family law guide

Published Updated 17 mins read 12 sections

Part of: Section 47 Report Explained: What Happens During Section 47 Enquiries?

Key takeaways

  • A Section 37 investigation is ordered by the court under the Children Act 1989 — it’s mandatory once directed, and you cannot refuse it, but cooperation is genuinely in your interests, not just a formality.
  • There is no automatic right to have a lawyer with you at every meeting with the social worker, but you can ask, you can take advice before and after, and you can ask for copies of the records kept about your family.
  • The local authority must report back to the court within eight weeks of the direction, unless the court sets a different period (Children Act 1989, section 37(4)).
  • Many section 37 investigations end without care proceedings, especially where parents engage constructively rather than defensively.
  • A section 37 investigation is ordered by the court within existing family proceedings; it is different from an enquiry social services start on their own.

A section 37 investigation is ordered by the family court under the Children Act 1989 when it may be appropriate for a care or supervision order to be made. The local authority’s children’s services look into the child’s circumstances, usually including a home visit, and report back to the court. This page covers the investigation and the home visit; our section 37 report guide explains the report itself.

Facing a section 37 investigation can feel frightening — the thought of a social worker examining your family life and potentially influencing decisions about your children is overwhelming for any parent. Understanding what the process actually involves, and what your rights are within it, makes it considerably less daunting.

Can you refuse a section 37 investigation?

A Section 37 investigation is mandatory once ordered by the court, but cooperation demonstrates your commitment to your children’s welfare. The court’s power under Section 37 of the Children Act 1989 allows it to direct the local authority to undertake an investigation when there are concerns about a child’s welfare. Once a judge directs the local authority to investigate your family’s circumstances, the local authority must carry out that investigation, and you cannot stop it going ahead.

A section 37 investigation typically arises during private law proceedings when it appears to the court that it may be appropriate for a care or supervision order to be made. It is important to note that neither a parent nor the local authority can make an application for a Section 37 report to the family court; only the court itself can order such an investigation.

However, understanding why the court made this decision helps reduce your anxiety. The judge isn’t necessarily suggesting you’re a bad parent. Rather, they want additional information to make informed decisions about your children’s welfare during ongoing family proceedings. Courts order these assessments when they need clarity about complex family situations.

Refusing to cooperate would likely damage your case significantly. Courts might interpret non-cooperation as having something to hide or prioritising your own interests over your children’s welfare. Instead of resistance, think of this as an opportunity to demonstrate your excellent parenting skills to an objective professional.

Section 7 report or section 37 investigation?

ReportWho writes itWhy it is ordered
Section 7 reportA Cafcass officer or Welsh family proceedings officer, or someone the local authority arrangesTo report to the court on matters about the child’s welfare that the court asks about (Children Act 1989, section 7(1))
Section 37 investigationThe local authorityWhen it appears to the court that it may be appropriate for a care or supervision order to be made (section 37(1))

Your rights during a section 37 investigation

Many parents don’t realise they have significant rights during these family assessments. Knowledge is power, and knowing these rights helps you approach the situation more confidently.

While you can request to have a lawyer present during a Section 37 investigation, there is no automatic right to have a lawyer present at interviews. However, parents are entitled to honest and fair treatment throughout the Section 37 process.

Getting legal advice during the investigation

You can ask for a family law specialist to attend a formal meeting with you, and you can take advice before and after any interview. Asking for advice isn’t a sign you’re in serious trouble — it helps you understand what is being asked and why.

We offer a free initial consultation to talk through your situation and what the investigation is likely to involve.

Your right to understand what is being investigated

Social workers must clearly explain why the court ordered this family assessment and what specific concerns they’re examining. If their explanation seems vague or confusing, ask for clarification in writing. You deserve to understand exactly what’s being evaluated so you can address relevant issues effectively.

Asking for the records kept about your family

You can ask for copies of the notes and records the social worker keeps about your family, and you can make a subject access request under data protection law. Some information — for example about other people — may be withheld, but asking helps you spot and correct misunderstandings before they reach the final report.

Your right to complain

If you believe the assessment is being conducted unfairly or the social worker shows bias, you have the right to complain formally to their supervisor or the local authority. While this should be a last resort, knowing this option exists can provide peace of mind.

Social worker home visit checklist: preparing your home for section 37

Creating the right environment for your home visit doesn’t mean transforming your house into a show home. Social workers expect to see real family life, complete with the normal messiness that comes with raising children. During a section 37 home visit, social workers are looking to understand your family’s current circumstances, including the living, emotional, and social context affecting your child’s welfare. The focus is on safety and child welfare, not perfection.

Providing a complete picture of your family’s situation helps social workers make a fair and thorough assessment. However, some thoughtful preparation demonstrates your commitment to providing a safe, nurturing environment.

  • Your documents are ready and easy to find: school reports, medical records, housing and employment papers, and evidence of any courses or support you have used.
  • Basic safety measures are in place, such as stair gates, locked medicine cabinets and secure windows.
  • Your children’s rooms and the shared spaces show they are cared for. It does not need to look like a show home.
  • Your children know simply that someone is visiting to check everyone is safe and happy, and have not been told what to say.

Organising your documents

Start by gathering important papers that tell your family’s story positively. School reports showing good attendance, medical records demonstrating consistent healthcare, housing documents proving stability, and employment records showing financial responsibility all paint a picture of responsible parenting. If you’ve attended parenting courses, accessed support services, or dealt with challenges proactively, have evidence ready to share.

Create a simple filing system so you can locate documents quickly during the visit. Nothing undermines confidence like frantically searching through piles of paper while the social worker waits. Organisation suggests competence and control over your family’s affairs.

Creating a child-focused home

Walk through your home with fresh eyes, focusing on safety and child-appropriate living spaces. Ensure children have comfortable, personalised bedrooms that reflect their individual personalities. Check that safety measures like stair gates, locked medicine cabinets, and secure windows are properly in place.

The key is demonstrating that your home prioritises children’s needs. This means accessible toys and books, child-height hooks for coats, step stools in bathrooms, and evidence that children feel comfortable and welcome in shared spaces. Social workers notice these details because they indicate child-centred thinking.

Preparing your children without coaching

Don’t tell your children what to say to social workers. Coaching is usually obvious and it damages your credibility; instead, explain simply that someone will visit to make sure everyone in the family is happy and safe, noting that how social workers speak to or involve a child may vary depending on the child’s age and understanding.

Reassure your children that they should feel free to share their honest thoughts and feelings. Most children speak positively about loving parents, even during difficult family times. Your genuine relationship with your children will show naturally through their responses and interactions.

Social worker home visit: what they look for in a section 37 investigation

Understanding the visit structure helps reduce anxiety and allows you to participate more effectively. During the visit, the social worker carrying out the assessment is responsible for gathering information, preparing reports for the court, and ensuring all relevant circumstances are considered. The investigation process involves interviewing the child, parents, and other relevant individuals, as well as conducting home visits and gathering information from other agencies. Social workers aren’t trying to catch you out – they’re gathering information to complete their assessment fairly. (A Cafcass officer preparing a section 7 report may also visit; what a Cafcass home visit involves is covered separately.)

Questions about your daily life

Expect detailed conversations about how your family operates day-to-day. Social workers want to understand your routines, how you handle challenges, and how you meet each child’s individual needs. They might ask about morning routines, homework supervision, bedtime rituals, weekend activities, and how you manage when children are unwell or upset.

These questions aren’t tests with right or wrong answers. They’re opportunities to showcase your understanding of your children and your commitment to meeting their physical, emotional, and educational needs consistently.

How you and your children interact

Social workers pay close attention to how you and your children interact naturally. Show genuine affection, set appropriate boundaries, and demonstrate that you know your children’s personalities well. If your children seek comfort from you during the visit or share exciting news, these positive interactions speak volumes about your relationship quality.

Don’t worry about being perfect. Social workers understand that children sometimes misbehave, especially when they’re feeling uncertain about unfamiliar visitors. How you handle these moments calmly and appropriately actually demonstrates good parenting skills.

Talking about your support network

Be prepared to talk about who helps you during difficult times and how you access support when needed. This might include family members, friends, teachers, healthcare providers, or community resources.

Having a strong support network suggests wisdom and responsibility rather than weakness.
If you’ve struggled with issues in the past but sought help appropriately, share this information honestly. Social workers respect parents who recognise challenges and take positive action to address them.

Could a section 37 investigation lead to an interim care order?

When the court gives a section 37 direction, it can also make an interim care order or an interim supervision order (Children Act 1989, section 38(1)(b)). It can only do so if there are reasonable grounds for believing that the child is suffering, or is likely to suffer, significant harm, and that the harm comes from the care given (or likely to be given) not being what it would be reasonable to expect a parent to give, or from the child being beyond parental control (sections 38(2) and 31(2)). An interim care order gives the local authority parental responsibility and the power to decide how far parents may exercise theirs; parents do not lose parental responsibility (section 33(3)). The court sets how long an interim order lasts, but if no care application follows the section 37 direction it ends at the latest eight weeks after it was made or, if the court set a different reporting period under section 37(4), when that period ends (section 38(4)). A full care order needs the court to be satisfied that those grounds are actually proved, not just that there are reasonable grounds to believe them, and that making the order is best for the child’s welfare.

The eight weeks: what to do while the investigation runs

Section 37(4) of the Children Act 1989 says the local authority must give its information to the court “before the end of the period of eight weeks beginning with the date of the direction, unless the court otherwise directs”. So eight weeks is the default set by the Act, but your court order may set a different date — check it. Our section 37 report guide explains what the report contains.

What the local authority must do after a section 37 direction

DutyWhat it means for youWhere the rule is
Report back to the court within eight weeks of the direction, unless the court directs otherwiseCheck the date in your court order; it may not be eight weeksChildren Act 1989, section 37(4)
If it decides not to apply for a care or supervision order, tell the court its reasonsThe court hears why the local authority reached that decision before deciding the arrangements for your childSection 37(3)(a)
Tell the court about any service or assistance it has provided, or intends to provide, for the child and familyAny support offered to you becomes part of what the court is toldSection 37(3)(b)
Tell the court about any other action it has taken, or proposes to takeThe court hears what else the local authority has done or plans to doSection 37(3)(c)
Consider whether to review the case at a later date and, if so, set the date the review beginsThe local authority may look at your family again later, even if it does not apply for an order nowSection 37(6)

The table sets out what the local authority must do. Whether its reasons stand up, and how to respond to what the report says about your family, are judgement calls to take advice on before the court next looks at the case.

During these weeks, maintain consistent parenting standards rather than making dramatic changes just for the investigation. Social workers can usually detect when families are putting on temporary performances. Instead, focus on documenting your ongoing commitment to your children through your daily actions and decisions.

If the social worker identifies concerns during the investigation, view this as an opportunity rather than a crisis. Showing willingness to address issues and accept appropriate support often prevents more serious interventions. Courts appreciate parents who respond constructively to professional advice. 

Mistakes that damage your case during a section 37 investigation

Trying to present a perfect image

Many parents make critical errors during their Section 37 investigation that could have been easily avoided. The biggest mistake parents make is attempting to create an unrealistic picture of family perfection. Social workers are trained professionals who recognise when families are acting unnaturally. Instead of exhausting yourself maintaining a false image, focus on showing your genuine strengths and authentic commitment to your children’s welfare.

Speaking negatively about the other parent

While you may have legitimate concerns about your children’s other parent, constantly criticising them during the investigation makes you appear bitter and potentially vindictive. Focus conversations on your own parenting strengths and your children’s needs rather than dwelling on others’ shortcomings. If you have genuine concerns during proceedings about the other parent taking a harmful step affecting the child’s welfare, get legal advice on whether a prohibited steps order may be appropriate. 

Delaying advice

Many parents wait until problems become serious before seeking legal advice. Early guidance from a family law specialist helps you navigate the process more effectively and avoid costly mistakes. We offer a free initial consultation to help you understand your rights and develop an appropriate strategy for your specific situation.

Preventing escalation to care proceedings

A section 37 investigation is serious, in the sense that the court is considering whether a care or supervision order may be needed — but it is an investigation, not a finding against you. Whether the report itself is serious is explained in our guide: is a section 37 report serious? Escalation to care proceedings is every parent’s biggest fear during the process. The good news is that many section 37 investigations don’t escalate when parents take the right preventive actions. As part of their responsibilities, the local authority may provide services or assistance to support the child’s needs and family. These are the things that tend to make the difference:

  • Act quickly on any concerns. If the social worker raises a concern, ask what they would like to see change and start on it straight away rather than getting defensive.
  • Accept the support offered. Parenting courses, family therapy, domestic abuse support or counselling are opportunities, and social workers can tell genuine engagement from reluctant attendance.
  • Deal with the underlying problems. If depression, money worries, domestic abuse or substance use are affecting your parenting, show the concrete steps you are taking and keep a record of them.
  • Keep your decisions focused on your children. Regular school attendance, medical appointments, stable routines and keeping children out of adult conflict all count.
  • Build and record your support network. Family, friends and others who help with your children can provide references or come to meetings with you.
  • Respond calmly to setbacks. If something goes wrong, tell the social worker promptly, explain what happened and say what you are doing to stop it happening again.

None of this replaces advice on your own situation, particularly if the local authority has mentioned care proceedings.

Achieving a positive outcome

Remember that social workers and children’s services want to find that the child concerned is safe and well-cared for. Children’s services play a key role in supporting families during the section 37 investigation process. The Family Rights Group offers additional support for families going through these processes. They’re not looking for reasons to remove children from loving homes. Many investigations end with no further action or an offer of support services to strengthen the family.

Show consistently that your child’s welfare is your absolute priority. Every response, every decision, and every action should demonstrate this commitment clearly. When social workers see child-focused parenting consistently, they can recommend confidently that the child concerned remains with their families.

Stay engaged throughout the process, respond promptly to requests for information, and treat the social worker with professional respect. Your cooperation and openness often influence their assessment as much as your actual parenting practices. The outcome should  be detailed in a Section 37 report which our family law specialists can advise you on. Section 37 reports are confidential and contain sensitive information about the child and family involved.

Section 37 investigations: common questions

Is a section 37 investigation the same as a social services investigation?

Not quite. A section 37 investigation is directed by the court within family proceedings. Social services can also start their own enquiries without a court order when they suspect a child is at risk; our guide to section 47 enquiries explains that process.

Who writes the report at the end of a section 37 investigation?

The local authority’s children’s services. What it must tell the court is set out in the table in the eight-week section above.

Before the social worker visits: book a free initial consultation

What you say in the first meeting with the social worker, and the documents you do or don’t have ready, feed straight into a report the judge will rely on. An impression is much harder to correct once it has been written down.

Book a free initial consultation with our child law specialists to talk through what the investigation will involve, what the social worker is likely to ask, and how to prepare — before the visit, not after. We advise parents from offices including Worcester, Newcastle, York, Nottingham, Northampton, London & Cardiff.

Call us on 0330 094 5880 or let us call you back. You can otherwise book a time that suits you.

Written by

Tom Atkinson is a key member of the client support team at Kabir Family Law, working closely with our senior family law specialists behind the scenes to keep complex family cases moving smoothly. He assists with taking initial telephone and online enquiries, gathering background information and helping clients feel heard and supported from their first contact with the firm. Tom provides structured legal research and case‑management support on matters involving divorce, children issues and domestic abuse, helping the legal team prepare clearly organised evidence, chronologies and briefing notes. Known for his calm, methodical approach and strong attention to detail, he plays an important role in making sure clients receive clear information, timely updates and a well‑coordinated service across Kabir Family Law’s offices.

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