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Assessments under section 38(6) of the Children Act – everything you need to know

An audio lecture for family lawyers explaining the development of the law concerning assessments under section 38(6) of the Children Act 1989. (Running time approx 37 minutes with comprehensive accompanying notes: CPD 1 hour)


















This talk is presented by Cyrus Larizadeh QC of 4 Paper Buildings.

The presentation covers:

• What does section 38(6) provide?

• The leading authorities:  

o Re C (A Minor) (Interim Care Order: Residential Assessment) [1997] 1 FLR 1

o Re G (A Minor) (Interim Care Order: Residential Assessment) [2005] UKHL 68

• Later judicial consideration of section 38(6);

o Re L and H (Residential Assessment [2007] EWCA Civ 213

o Re S (Residential Assessment) [2008] EWCA Civ 1078

o Re J (Residential Assessment – Rights of Audience) [2009] EWCA Civ 1210

o Re T (Residential Parenting Assessment) [2011] EWCA Civ 812

• Recent changes

o Section 38(7A) and necessity

o Section 38(7B): factors to which the court should have regard

o Assessments and the 26 week time-limit

• Applications for extensions of time: how have the courts decided?

Listen to the introduction for free

Listen to the full podcast

Read the accompanying notes

Answer the CPD related questions

Preview the CPD questions

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Running time: 37 mins approx