What is a Section 7 Report?

If you are party to Children Act proceedings, the court may order a section 7 report to be undertaken under the Children Act 1989. This report is prepared by a CAFCASS Officer or someone from the Local Authority, usually a social worker. The court will consider whether a section 7 report is appropriate on a case-by-case basis.

What is a section 7 report?

A section 7 report is a welfare report. The report will address and consider questions in relation to the subject child’s welfare needs.

The court will direct the reporting officer to any particular issues relating to the child’s welfare upon which the court requires assistance. As the court’s paramount consideration is the child’s welfare, this report is particularly important when an issue of welfare is in question within the proceedings. The report will establish the child’s welfare needs and provide the court with recommendations to assist the court in deciding an outcome for the child. This may include decisions regarding with whom the child should live and with whom they should spend time.

When will a section 7 report be ordered?

The court has a wide discretion under the Children Act 1989 to direct a section 7 report.  All that is required is that the court and/or parties is/are considering ‘any question’ with respect to a child’s welfare. This is often when parents cannot agree and usually only if there are any aspects of the child’s welfare which require further investigation.

Further, a CAFCASS officer or social worker can recommend a section 7 report is undertaken in certain instances, for example the child is open to the Local Authority by way of assessment as a Child in Need (CIN) or under a Child Protection plan (CPP).

Initially, the issue is often flagged up within the safeguarding letter prepared by CAFCASS at the beginning of any proceedings. If no welfare issues are identified, it is unlikely that the safeguarding letter will recommend a section 7 report. However, a section 7 report can be requested by a party later on within the proceedings when a welfare issue becomes apparent. The request for a section 7 welfare report will indicate from the outset the nature and purpose of the request.

The court may postpone such a direction until after a fact-finding hearing if there are allegations which are central to the case, and the outcome of such a hearing is likely to have an impact on the recommendations of the section 7 report.

The report can take from 10-12 weeks to complete. Therefore, the court will balance the prejudice of delaying the proceedings against the benefits of obtaining a report.

What does a section 7 report include?

The report writer will talk to your child alone (if considered appropriate), spend time with both parents to hear any concerns about the child’s welfare and may speak to other people to include family members, school, and health workers. After all enquiries and investigations are conducted, the reporting officer will write a report advising the court on what they have found and what they think should happen.

The content of the section 7 report is not prescribed but the report must include the child’s wishes and feelings. In order to result in a focused and useful report, the direction for a section 7 report should provide a list of those topics that the court wishes the report writer to address. Depending on the issues in the case, these could include parenting capacity, with whom the child should live and with whom they should spend time, and the wishes and feelings of the child. The list is not exhaustive.

It is likely that the court will have given directions about particular issues it requires the reporting officer to address in the report. The report will provide a proper analysis of the pros and cons of different alternative outcomes and for a fully reasoned recommendation. For example, the report may consider the options of the child spending time with one parent compared to the other, and recommendations for time with each parent thereafter.

What do I do if I disagree with the section 7 report?

If you are unhappy with any part of the section 7 report, it is important you inform your solicitor and/or the court. Your concerns will be taken into account when making a decision.

The recommendations within the section 7 report will need to be considered. If the court decides not to follow the recommendations, which it is entitled to do but is less common, the court should give its reasons for doing so.

Contact us.

If you are party to Children Act proceedings and the above is relevant to you, we strongly encourage you to speak to one of our expert family lawyers who can advise you.

Ring us on 01392 477983 or email us at FamilyNewEnquiries@everys.co.uk.