Whose circumstances must an examination under the Juvenile Act seek to reveal, and what kind of knowledge must it draw on?
General information · Not legal advice
Material to check
In a practice file, read the examination report itself for whose conduct, past record, home situation and environment it sets out, the medical, psychological, educational or sociological material relied on, and any statement taken from the guardian or a reference person.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as covering three people — the juvenile, the guardian and any reference person — and as requiring the examination to use professional knowledge drawn from medicine, psychology, education, sociology or another field, so as to strive to reveal their conduct, past record, home situation and environment.
Another reading rests on the words 'shall endeavour': the provision sets a duty to try rather than a duty to reach a complete picture, so the file need not show every side of those circumstances, and it leaves open which professional knowledge is used and how far the inquiry into each person goes.
Your judgment
Where the file says little about the guardian's circumstances, what in the record would show whether the duty to strive was actually made out?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to name further persons to be examined or additional professional fields, or if a decision explains how far the duty to endeavour must be carried.