Applications under Schedule 1 to the Children Act 1989

Jurisdiction and scope

Maintenance provisions under section 15 and Schedule 1 to the Children Act 1989 (ChA 1989) may be used where a case falls outside the jurisdiction of statutory maintenance via the Child Maintenance Service. A parent, step-parent, guardian or person named in a child arrangements order as a person with whom the child is to live may apply for the range of orders under ChA 1989, Sch 1.

See Practice Note: Maintenance provision for children under Schedule 1 to the Children Act 1989.

A lump sum order may be made under ChA 1989, Sch 1 for past expenditure, for example the reimbursement of expenses connected with the birth and for future expenditure, for example for a family car or a school fees fund. A transfer or settlement of property order can be made once to provide a home for a child.

See Practice Note Capital provision under Schedule 1 to the Children Act 1989.

The following Precedent letter may be sent by practitioners to their clients: Financial arrangements for children—client guide.

Children

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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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