17 April 2008
Lambeth London Borough Council v TK (sub nom K v A Local Authority) [2008] EWCA Civ 103, [2008] All ER (D) 308 (Feb)
The terms of s 37 of the Children Act 1989 set three threshold requirements for the exercise of the power to direct the local authority to undertake an investigation of the child’s circumstances: (i) there is a “child”; (ii) there are family proceedings; and (iii) a question arises therein with respect to his or her welfare. It is a matter for the court, not the local authority, to determine whether such circumstances exist. However, the power under s 37 is a discretionary one and, before making a direction, the court should carefully weigh any objection on the part of a local authority.
