E (Section 37 Direction) [2025] EWCA Civ 470 (16 April 2025)

E (Section 37 Direction) [2025] EWCA Civ 470 (16 April 2025)

Section 37 and 38 Children Act 1989 do not empower the court to make directions or interim orders regarding children who are not the subject of the proceedings or children of any party. The statutory language and underlying principles require a direct connection between the child and the proceedings. Orders made without notice to parents and without procedural fairness are unlawful.

Citation
[2025] EWCA Civ 470
Parties
Appellant: Local Authority; First Respondent: M (Mother of E); Second Respondent: Children's Guardian (for E); Joined Respondent: A (Mother of three children); Joined Respondent: B (Partner of A)
Jurisdiction
England and Wales
Judgment Date
16 April 2025
Procedural Posture
Appeal From Family Court (care Proceedings) / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Section 37 Direction, Interim Supervision Orders, Statutory Interpretation, Procedural Fairness
Family Law Child Protection Section 37 Direction Interim Supervision Orders Statutory Interpretation Procedural Fairness

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Parties

Local Authority

Appellant

M (Mother of E)

First Respondent

Children's Guardian (for E)

Second Respondent

A (Mother of three children)

Joined Respondent

B (Partner of A)

Joined Respondent

Procedural Posture

Appeal From Family Court (care Proceedings) / Judgment on Appeal

Legal Issues

  1. 1 Does the court's power under section 37(1) Children Act 1989 extend to children not the subject of the proceedings?
  2. 2 Was it lawful to make interim supervision orders under section 38(1) in respect of non-subject children without notice to their parents?

Ratio Decidendi

Section 37 and 38 Children Act 1989 do not empower the court to make directions or interim orders regarding children who are not the subject of the proceedings or children of any party. The statutory language and underlying principles require a direct connection between the child and the proceedings. Orders made without notice to parents and without procedural fairness are unlawful.

Court Disposition

Appeal allowed

Orders

  • Section 37 direction and interim supervision orders in respect of the three non-subject children set aside
  • No further orders regarding the three children under section 37 or 38