The limitations of section 38(6) of the Children Act 1989

Alice Thornton, Barrister, Coram Chambers

This article considers the scope of s 38(6) of the Children Act 1989 by reviewing the case law and the nuances of the statutory test. In particular, it focuses on two recent cases concerning applications for placements at a residential detoxification unit – Re Y (A Child)(Section 38(6) Assessment) [2018] EWCA Civ 992, [2018] 2 FLR 1085; and Re H (A Child: s 38(6) Assessment) [2023] EWHC 1083 (Fam)). This article considers the reasoning in those cases and how they illustrate some of the wider limitations of s 38(6).

The full article has published in the January issue of Family Law. 

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Read the full article here.