FPR 2010 fundamental principles and index

Introduction

The implementation of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 on 6 April 2011 was the largest wholesale reform of family procedure since the introduction of the Family Proceedings Rules 1991 (FPR 1991). Subsequently, numerous amendments have been made to FPR 2010, notably as to the introduction of the single Family Court in 2014 and a number of pilot schemes—see Practice Notes:FPR 2010—recent and forthcoming amendments and Pilot schemes in the Family Court for further details. The rules are made up of 41 parts, divided into separate chapters and rules,

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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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