Alice Thornton joined Chambers in October 2022 after the successful completion of her pupillage under the supervision of Nick O’Brien, Greg Williams and Sarah Branson. She is building a busy practice is all areas of family law, including public and private children as well as financial remedy proceedings.
In the January 2024 edition of Family Law, Alice Thornton 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).
Read the full article here: The limitations of section 38(6) of the Children Act 1989 (familylaw.co.uk) *Subscription required.
