Source: All England Reporter
Publisher Citation: [2005] All ER (D) 321 (Nov)
Neutral Citation: [2005] UKHL 68
Court: House of Lords

Lord Scott of Foscote, Lord Clyde, Lord Walker of Gestingthorpe, Baroness Hale of Richmond and Lord Mance

Representation Jonathan Cohen QC and Charles Hale for the parents.
  Charles Howard QC and Gemma Taylor for the local authority.
Judgment Dates: 24 November 2005


Family proceedings - Orders in family proceedings - Interim care order - Power of court to direct medical or psychiatric examination or other assessment of the child - , s 38(6).

The Case

The purpose of s38(6) and (7) of the was not only to enable the court to obtain the information it needed, but also to enable the court to control the information-gathering activities of others. However, the emphasis was always on obtaining information. If the framers of the Act had meant the court to be in charge, not only of the examination and assessment of the child, but also of the medical or psychiatric treatment to be provided for her, let alone for her parents, it would have said so. Instead, it had deliberately left that in the hands of the local authority.

Practice Areas

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