In the matter of Re H (A Child: s. 38(6) Assessment)

In the matter of Re H (A Child: s. 38(6) Assessment)

The proposed assessment at Phoenix Futures is not an assessment of the child as required by s.38(6) Children Act 1989; the main focus is the parents' rehabilitation, and any observations of the child are ancillary. Therefore, the court lacks jurisdiction to order the assessment under s.38(6).

Parties
Applicant: Local Authority; Respondent: Mother; Respondent: Father; Subject: Child (H), by Guardian Miss Samantha Clark
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Child Care Proceedings / Interlocutory Application for S.38(6) Assessment
Outcome
application dismissed
Legal Topics
Interim Care Order, Residential Assessment, Statutory Interpretation, Registration Requirements
Family Law Child Protection Interim Care Order Residential Assessment Statutory Interpretation Registration Requirements

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Parties

Local Authority

Applicant

Mother

Respondent

Father

Respondent

Child (H), by Guardian Miss Samantha Clark

Subject

Procedural Posture

Child Care Proceedings / Interlocutory Application for S.38(6) Assessment

Legal Issues

  1. 1 Whether the proposed residential assessment at Phoenix Futures falls within the remit of s.38(6) Children Act 1989
  2. 2 Whether Phoenix Futures complies with registration requirements under the Care Standards Act 2000
  3. 3 Whether the proposed assessment is in the best interests of the child

Ratio Decidendi

The proposed assessment at Phoenix Futures is not an assessment of the child as required by s.38(6) Children Act 1989; the main focus is the parents' rehabilitation, and any observations of the child are ancillary. Therefore, the court lacks jurisdiction to order the assessment under s.38(6).

Court Disposition

application dismissed

Orders

  • Mother's application for a s.38(6) assessment at Phoenix Futures is dismissed.