Y (A Child) (S.38(6) Assessment)

Y (A Child) (S.38(6) Assessment)

The court held that Phoenix Futures is a drug treatment unit, not a residential assessment unit as required by section 38(6). The focus of the assessment must be on the child, and the proposed placement was primarily for parental treatment, not assessment of the child. The judge mischaracterised the service and...

Source-derived case information.

Parties
Applicant: Local Authority; Respondent: Mother; Respondent: Father; Subject: J (A Child)
Jurisdiction
England and Wales
Judgment Date
26 March 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Section 38(6) Children Act 1989, Residential Assessment, Drug Rehabilitation, Parenting Assessment
Family Law Child Protection Section 38(6) Children Act 1989 Residential Assessment Drug Rehabilitation Parenting Assessment

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Parties

Local Authority

Applicant

Mother

Respondent

Father

Respondent

J (A Child)

Subject

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the court can direct a residential placement for assessment under section 38(6) Children Act 1989
  2. 2 Distinction between treatment and assessment under section 38(6)
  3. 3 Necessity of assessment to resolve proceedings justly

Ratio Decidendi

The court held that Phoenix Futures is a drug treatment unit, not a residential assessment unit as required by section 38(6). The focus of the assessment must be on the child, and the proposed placement was primarily for parental treatment, not assessment of the child. The judge mischaracterised the service and failed to apply the correct legal principles. The order directing the local authority to fund the placement was set aside.

Court Disposition

Appeal allowed

Orders

  • Set aside parts of the judge's order relating to assessment by Phoenix Futures
  • Proceedings to return to the Family Court