| Judgments -
Kent County Council (Appellants) v. G and others (FC) (Respondents)
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72. For the reasons given earlier, together with those in the opinions of my noble and learned friends, Lord Scott of Foscote and Lord Clyde, I would allow this appeal. LORD MANCE My Lords, 73. I have had the opportunity of reading in draft the speeches prepared by my noble and learned friends Lord Scott of Foscote, Lord Clyde and Baroness Hale of Richmond. For the reasons that they have expressed in their judgments, with which I am in agreement, I am satisfied, firstly, that any assessment, ordered under section 38(6) of the Children Act 1986 by a court when making an interim care order, is intended to take place and be completed over a relatively short period, focusing on the current position of the child in that period; and that this is so, even though an element of treatment or therapy may, perhaps inevitably, also take place during that short period as a result of the engagement of and inter-action with the expert undertaking the assessment. What is not permissible under section 38(6) is the giving of directions for a longer process aiming at bringing about long-term change. Secondly, I agree that directions under section 38(6) can only be made if they can properly be described as being with regard to the medical or psychiatric examination or other assessment "of the child", rather than if they involve, as here, a programme focused in substance on the child's parent and the improvement of her parenting skills.
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