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What Is a Section 37 Report? A Guide for Parents

Writer: Court Help Limited
Court Help Limited
Sep 2, 2024
7 min read

Updated: 7 days ago

Last updated: 20 October 2026 · Written by the family law paralegal team at Court Help Limited


In short: A section 37 report is an investigation the family court can order the local authority to carry out when it's worried about a child. Under section 37 of the Children Act 1989, children's services look into the child's circumstances and decide whether to apply for a care or supervision order. If they decide not to, they must tell the court why, normally within eight weeks.


Court Help Limited text graphic about family court hearings, used here for the guide to section 37 reports

Key facts about section 37 reports


Topic

The position in England and Wales

The law

Children Act 1989, section 37

Who orders it

The family court, in any family proceedings where a child's welfare is in question

Who carries it out

The local authority's children's services, usually through a social worker

Time limit

Within 8 weeks of the court's direction, unless the court says otherwise (s37(4))

What it decides

Whether the local authority should apply for a care or supervision order, provide services, or take other action

Interim orders

The court can make an interim care or supervision order while the investigation happens (s38(1))

Confidentiality

The report can't be shared outside the proceedings without the court's permission, apart from limited exceptions


What is a section 37 report?


Section 37 of the Children Act 1989 lets the family court direct a local authority to investigate a child's circumstances. The report that follows is usually called a section 37 report.


The court can only make this direction when two things are true. The case must be family proceedings in which a child's welfare is in question. And it must appear to the court that it may be right to make a care order or a supervision order for that child.


Section 37 reports most often come up in private law cases, such as a dispute between parents over child arrangements, where something emerges during the case that makes the court worried the child may be suffering, or at risk of, significant harm.


When should the court order a section 37 report?


A section 37 direction is a serious step. The court shouldn't use it simply to put pressure on parents who aren't cooperating, and it isn't a substitute for a section 7 welfare report from Cafcass. It should be used where the court is genuinely concerned that the child may need the protection of a care or supervision order.


There are three conditions:


  • Family proceedings. The case must be "family proceedings" as defined in section 8(3) of the Children Act 1989. This covers proceedings under the High Court's powers relating to children and under a long list of family laws, including most of the Children Act 1989, the Matrimonial Causes Act 1973, the Adoption and Children Act 2002 and the Family Law Act 1996.

  • A child's welfare in question. The child's welfare is the court's paramount consideration. The parents' interests matter only so far as they affect the child.

  • A care or supervision order may be appropriate. If there's no realistic question of a care or supervision order, the court has no power to order a section 37 investigation.


When can a court make a care or supervision order?


Under section 31(2) of the Children Act 1989, a court can only make a care or supervision order if it's satisfied that:


  • the child is suffering, or is likely to suffer, significant harm, and

  • the harm, or likelihood of harm, is because of the care the child is getting, or would be likely to get, not being what it would be reasonable to expect a parent to give, or because the child is beyond parental control.


This is often called the "threshold". A section 37 investigation helps the local authority, and then the court, work out whether the threshold might be met.


Who prepares a section 37 report?


An empty meeting room with desks and chairs, the kind of setting where professionals meet to discuss a child's case

The local authority's children's services prepare it, usually through an allocated social worker. Once the court gives the direction, the local authority must carry out the investigation.


The court names the local authority under section 37(5). It's the authority where the child ordinarily lives. If the child doesn't ordinarily live in any local authority's area, it's the authority where the circumstances that led to the direction happened.


The court may also appoint a children's guardian from Cafcass (or Cafcass Cymru in Wales) to represent the child, particularly if it makes or considers an interim care order.


What does the local authority have to consider?


Under section 37(2), when it investigates, the local authority must consider whether it should:


  • apply for a care order or a supervision order

  • provide services or assistance for the child or the family

  • take any other action for the child


If it decides not to apply for a care or supervision order, section 37(3) says it must tell the court:


  • its reasons for that decision

  • any services or assistance it has provided, or plans to provide, for the child and family

  • any other action it has taken, or plans to take


It must also consider whether to review the case at a later date, and if so, set the date the review will start (s37(6)).


What orders can the court make after a section 37 report?


If the local authority applies for a care or supervision order, the case becomes public law care proceedings. If it doesn't, the court carries on deciding the private law case, with the report as evidence.


While the investigation is going on, the court can make an interim care order or an interim supervision order under section 38(1), if the threshold for an interim order is met.


  • A care order places the child in the care of the local authority, which then shares parental responsibility with the parents.

  • A supervision order puts the child under the supervision of the local authority. The supervisor's duty is to "advise, assist and befriend" the child (s35).


A care or supervision order can't be made for a young person who has reached 17 (s31(3)).


What is in a section 37 report?


Each local authority has its own template, but a section 37 report usually includes:


  • the background to the case and the court proceedings so far

  • the history of any involvement from children's services and other agencies

  • a profile of each child

  • a profile of each adult who is a party to the proceedings

  • the views of the family members and anyone with parental responsibility

  • the social worker's assessment of the child's circumstances

  • the social worker's view on each part of the welfare checklist in section 1(3) of the Children Act 1989

  • whether any order is needed at all (the "no order" principle)

  • conclusions and recommendations, with reasons


The local authority's main concern throughout is the welfare of the child.


Is a section 37 report confidential?


A silver padlock, representing the confidentiality of a section 37 report

Yes. A section 37 report contains sensitive information about the child and the family. Family proceedings about children are held in private, and the law strictly limits what can be shared outside them.


Without the court's permission, you can share information from the proceedings only in the limited situations set out in the Family Procedure Rules and Practice Direction 12G. For example, you can show it to a lawyer, a McKenzie friend or a lay adviser to get advice or help with the case, or to a health professional or counsellor so that you or your child can get care or counselling.


You shouldn't share the report with friends or family, or post anything about it online. Doing so could be contempt of court. If you think you need to share it with someone else, ask the court first.


The report isn't the final word either. The local authority makes recommendations, but it's the court that decides.


How we can help


Court Help Limited is a family law paralegal firm in England and Wales. We're not solicitors and we don't represent clients in court. If a section 37 report has been ordered in your case, we can help you:


  • understand what the report says and what happens next

  • prepare a statement in response to the report

  • organise your evidence and prepare your court bundle

  • prepare applications in the private law proceedings, such as a C100


If the local authority starts care proceedings, parents with parental responsibility are entitled to non-means-tested legal aid, and you should speak to a solicitor who specialises in care cases.


You can read what our clients say in our Google reviews. To talk to us, email help@incourt.co.uk or use the contact form and one of the team will get back to you.


Related articles



Frequently asked questions


How long does a section 37 report take?

The local authority must report to the court within eight weeks of the direction, unless the court sets a different timetable (Children Act 1989, s37(4)).


What's the difference between a section 7 and a section 37 report?

A section 7 report is a welfare report, usually prepared by Cafcass, to help the court decide private law issues such as who a child lives with. A section 37 report is an investigation by the local authority into whether the child needs a care or supervision order.


Does a section 37 report mean my child will be taken into care?

No. Many section 37 investigations end with the local authority deciding not to apply for a care or supervision order, sometimes offering support to the family instead. Only the court can make a care order, and only if the legal threshold is met.


Can I disagree with a section 37 report?

Yes. You can file a statement setting out where you disagree and why, and the social worker may be asked to attend court so their recommendations can be questioned. The court weighs the report alongside all the other evidence.


Can I show the section 37 report to a friend?

Generally no. You can share it to get advice or help with the case, for example with a lawyer or a McKenzie friend, but sharing it more widely without the court's permission could be contempt of court.


This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.


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