Aids to enforcement

Obtaining information from judgment debtors

The purpose of an information hearing (formerly known as an oral examination) is to establish the income, assets and liabilities of the debtor. It is a useful means of identifying the most appropriate method of enforcement. The judgment debtor's answers are taken on oath and are subject to the usual perjury rules. The judgment creditor/their representative may attend and may ask additional questions by attaching a list of proposed additional questions to the application notice.

See Practice Note: Orders to obtain information from judgment debtors.

Obtaining the address of the debtor

Where a debtor's whereabouts are unknown, an application may be made for the court to request the disclosure from a government department, such as the Department for Work and Pensions, of the address of the judgment debtor. Family Procedure Rules 2010, PD 6C sets out the procedure and the information to be provided to the government department. Requirements differ depending on whether the application relates to proceedings issued prior to or on or after 6 April 2022.

See Practice Note: Obtaining the address of the debtor.

Notices and

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Cafcass guidance on conflicting assessments in public law cases

The Children and Family Court Advisory and Support Service (Cafcass) has published new guidance for local authorities and Cafcass for cases where the views of the children’s guardian (and therefore their independent advice to the court) and the assessment of a local authority social worker and/or the independent reviewing officer fundamentally differ on the final care plan or interim arrangements for a child. The guidance applies to all children in care and supervision order applications under section 31 of the Children Act 1989 and deprivation of liberty applications. The guidance sets out the process that should be followed at any point during proceedings where a divergence arises and should be completed before final recommendations are submitted to court. The guidance requires that a pre-final hearing meeting be convened to identify and document the points of difference for the court. It includes suggestions for structuring the pre-final hearing meeting, a template agenda and a template for sharing the agreed rationale with the court. The guidance is not intended to be used to agree a joint position, rather to make sure that recommendations to court include a clear explanation about why the children’s guardian, the local authority social worker and/or the independent reviewing officer have reached fundamentally different positions. The explanation must set out what the points of difference are so that the judge in the case can better understand these. It remains for the court to decide what is safe and in the best interests of the child.

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