Alex Perry in E (Section 37 Direction) [2025] EWCA Civ 470
2nd May 2025 | Cases
Alex Perry, instructed by Daniells Family Law Limited, represented the First Respondent Mother in E (Section 37 Direction) [2025] EWCA Civ 470; an appeal by a local authority in care proceedings against section 37 direction in respect of three other children, who were not the subject of the proceedings. This judgment gives important clarification on the law by Lord Justice Baker regarding s.37 Children Act 1989.
The Court of Appeal examined the scope of judicial authority under Section 37(1) of the Children Act 1989. The case originated from care proceedings concerning an infant, E. During these proceedings, the judge directed the local authority to investigate the circumstances of three other children, E’s cousins, who were not parties to the case, and subsequently placed them under interim supervision orders.
The local authority appealed, arguing that the judge lacked the legal basis to issue such directions for children not subject to the proceedings. The Court of Appeal agreed, clarifying that Section 37(1) empowers courts to direct investigations only for children who are subjects of the current proceedings or whose welfare is directly in question within those proceedings. The court emphasised that extending such directions to unrelated children without proper procedural safeguards, such as party status or representation, constitutes a legal overreach and procedural unfairness.
This is an important clarification of the scope of the Family Court’s jurisdiction, and underscores the dividing line between the authority of the Court and that of Local Authorities when care planning for children, which the Court of Appeal noted was one of the aspects of family law that the Children Act itself set out to define in 1989.
The Court of Appeal set aside the Section 37 direction and the associated interim supervision orders.
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