Section 37 directions — when the family court asks social services to investigate
REVIEWED BY: Sean McNamara on 2026-08-31
What section 37 does
Section 37 of the Children Act 1989 applies to private law children proceedings (disputes between parents) in the family court. If the court is dealing with a question about a child's upbringing and has reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm, it may direct the local authority to investigate the child's circumstances.
What the local authority must do
Once directed, the local authority must carry out an investigation and then decide whether it needs to take action, including whether to:
- apply for a care or supervision order under s.31;
- provide services or support to the family under other Children Act provisions;
- take no further action, explaining why to the court.
The authority reports back to the court that made the direction. The direction does not put the child in care and does not by itself change any order — it triggers an inquiry.
How it happens in practice
A s.37 direction most often follows a Cafcass safeguarding check or something raised in a statement or hearing that suggests the child may be at risk. The direction usually gives the local authority a short window (commonly weeks, set by the court) to investigate and file its response.
What it means for parents
- The local authority may contact you, visit the home and speak to the child's school.
- Cooperate and be straightforward — the investigation looks at care given to the child, not whether you are a perfect litigant.
- If the local authority decides to issue care proceedings under s.31, the case moves from private law into public law, and you will usually qualify for legal aid (non-means tested) as a parent in those proceedings.
- If it decides no further steps are needed, the private law case normally continues as before.
Key difference from s.7 reports
A s.7 report addresses the child's welfare for the purposes of the private law application (e.g. what contact arrangement serves the child). A s.37 direction is narrower and more serious: it asks whether the child needs protection, and whether the local authority itself should become involved. Understanding which one the court has ordered changes how you should respond.
General information only, not legal advice.
YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to HMCTS, the judiciary, or gov.uk. This page is general information and is not legal advice. Court practice changes; always check the current practice directions and consider getting advice from Support Through Court or a solicitor. Source: Children Act 1989, s.37 (legislation.gov.uk).
Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.