Cost of residential assessment

Sheffield City Council v V; Legal Services Commission Intervening FD TLR 25 August

The claimant issued an application for an interim care order in respect of the child V. The family proceedings court gave leave for the mother and V to be assessed at a residential assessment unit. Section 38 of the Children Act 1989 provides: ‘(6) where the court makes an interim care order or interim supervision order, it may give such directions (if any) as it considers appropriate with regard to the medical or psychiatric examination or other assessment of the child.’ It was agreed by the parties that the LSC could not fund any element of treatment, therapy or training involved in a residential assessment. Nevertheless the court had been wrong to hold that because the assessment included training the mother to be a better parent and because the mother, the father and the child’s guardian were publicly funded, the cost had to be borne by the local authority alone. There was no impediment to the costs of the assessment being apportioned between the parties. To lead to a smoother resolution of applications concerning residential assessments under s30A(6), the court gave detailed guidance.