E (Section 37 Direction, The Children Act 1989)

The court's power under section 37(1) and section 38(1)(b) of the Children Act 1989 does not extend to children who are not the subject of the proceedings; the orders made in respect of A and B's children were ultra vires and procedurally unfair as no notice was given to their parents.

Parties: Appellant: Local Authority; First Respondent: M (Mother of E); Second Respondent: Children's Guardian (for E); Joined Respondent: A (E's Aunt); Joined Respondent: B (A's Partner)
Jurisdiction: England and Wales
Judgment Date: 16 April 2025
Procedural Posture: Appeal / Judgment on Appeal From Family Court
Outcome: Appeal allowed
Legal Topics: Children Act 1989, Section 37 Direction, Interim Supervision Orders, Procedural Fairness, Jurisdictional Limits

Family Law Child Protection Children Act 1989 Section 37 Direction Interim Supervision Orders Procedural Fairness Jurisdictional Limits

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Parties

Local Authority

Appellant

M (Mother of E)

First Respondent

Children's Guardian (for E)

Second Respondent

A (E's Aunt)

Joined Respondent

B (A's Partner)

Joined Respondent

Procedural Posture

Appeal / Judgment on Appeal From Family Court

Legal Issues

1 Whether the court's power under section 37(1) and section 38(1)(b) of the Children Act 1989 extends to children not subject to the proceedings
2 Whether interim supervision orders can be made in respect of non-subject children without notice to their parents

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Section 37 direction and interim supervision orders in respect of A and B's children set aside