What Is A Section 7 Report?

‘What Is A Section 7 Report?’ and ‘What If I Don’t Agree With A Section 7 Report?’ Family Law Solicitor Leonnie Watson discusses in her latest blog….

A ‘Section 7 Report’ is a report that has been ordered under Section 7 of the Children Act 1989. This type of report is prepared by an officer of the Children and Family Court Advisory Support Service (CAFCASS) or someone from the Local Authority (such as a Social Worker) to assist the court in determining a dispute about the upbringing of a child such as their living and contact arrangements.

When Is A Section 7 Report Required?

A Section 7 Report may be required in cases where an application has been made to the court for an order under Section 8 of the Children Act 1989, in respect of matters in which the parents cannot agree. Section 8 applications include Child Arrangements Orders, Prohibited Steps Orders and Specific Issue Orders.

This does not mean that a Section 7 Report will be ordered in every case under Section 8 of the Children Act. This is because in some cases it may not be appropriate for there to be a report, such as if there are no welfare issues to be reported or because the matter requires other investigation or an alternative report.

What Does The Section 7 Do?

The purpose of a Section 7 Report is to provide information about a child/children’s welfare and what action is in their best interests.

All that needs to be being considered for the court to order a Section 7 Report is ‘any question’ with respect to a child. This therefore allows for a Section 7 Report to be ordered in a wide range of circumstances.

The court is more likely to order a Section 7 report be completed in the following circumstances: –

If the child is the subject of an open and active social work case with the Local Authority;
If, in the last 12 weeks before the section 7 report is ordered there has been a statutory social work assessment of a child’s welfare; and/or
If, in the last 12 weeks before the section 7 report is ordered the child has been subject of a child in need or child protection plan.

What Should The Report Include?

To get a focused and useful report, the direction for a Section 7 report should provide a list of those topics that the court wishes the writer to address. These topics will vary from case to case, depending on the issues, but can include (but are not limited to):

With whom the child(ren) should live;
Whether the child should see the party with whom the child is not living;
How often and for how long should the child see the party they are not living with;
The wishes and feelings of the child so far as they can be ascertained;
The home conditions of the parties;
Concerns raised by the parents;
Whether the child’s physical/emotional/educational needs are being met; and
The effect on the child of the proposed change.

It should be noted that the report writer may speak with various people to assist with their report, aside from the parents, such as other family members, teachers and health workers. The report writer will not ask the child/children to make a decision or to choose between their parents.

The welfare of the child will always be considered to be the court’s most important consideration and the court is asking the report writer to make recommendations as to what is in the best interests of the child.

What If I Don’t Agree With The Report?

If you do not agree with the report, it is important that you let the court and/or your legal representative know your concerns, including what you consider to be any factual inaccuracies in the report and any disagreement you have in respect of the recommendations within the report.

It may be that the court has ordered you to file a statement in response to the recommendations in the Section 7 Report. In those circumstances this would be a good opportunity to confirm what your position is and highlight any inaccuracies in writing.

What Happens After The Report Has Been Filed?

After filing the report, provided that the court feels that the report has provided all information required, the court will make the final decision about what should happen to the child/children. The court does not have to follow the recommendations of a Section 7 Report, but the court usually does take the recommendations into account when making its decisions.

Any decision will not necessarily be what each party wants to happen, including if the children have made their wishes and feelings clear but the court does not think that what they want is in their best interests. Ultimately, any decision made will be based on what is best for the children.

How Can Timms Help?

If you have any questions regarding Section 7 Reports, please feel free to email me at l.watson@timms-law.com or contact me on 01332 364436. Alternatively, you can visit the family law section of our website here.