Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email emma.reitano@lexisnexis.co.uk.
Spotlight
Children and Same Sex Families
Children and Same Sex Families
Children and Same Sex Families: A Legal Handbook
More info
Mental Capacity
Mental Capacity
Mental Capacity: Law and Practice
More info
Evidence in Family Proceedings
Evidence in Family Proceedings
Evidence in Family Proceedings
More info
View All
A day in the life Of...
Read on

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

© Copyright LexisNexis 2024. All rights reserved.
Date:5 FEB 2024
Third slide

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. 

 

 

Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482

 

 

 

 

 

Read the full article here.

Copyright © 2024 LexisNexis