CARE PROCEEDINGS: Sheffield City Council v V (Legal Services Commission Intervening) [2006] EWHC 1861 (Fam)

23 JUN 2006

(Family Division; Bodey J; 23 June, 2006) [2006] FLR (forthcoming)

In the case of a residential assessment which was within the broad interpretation of the phrase permitted by Re C (Interim Care Order: Residential Assessment) [1997] 1 FLR 1, in which any possible elements of treatment, therapy or training were not integral to the assessment, the assessment could be ordered under s 38(6) of the Children Act 1989. In such a case there was, therefore, no impediment to the costs of the assessment being apportioned between the parties. In the instant case, three of the parties were publicly funded, so that the Legal Services Commission would be liable for 75% of the costs. The court issued guidelines as to the resolution of applications concerning residential assessments under s 38(6) of the Children Act 1989.

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