Managing proceedings online

The digitalisation programme set out by HM Courts and Tribunals Service (HMCTS) aims to increase the efficiency of family proceedings. Amendments have been made, and continue to be made to the Family Procedure Rules 2010 (FPR 2010) to provide that certain applications and proceedings are to proceed by electronic means, ie online rather than on paper.

See Practice Note: Online family proceedings toolkit which brings together various resources and documents associated with the HMCTS online system and online proceedings, including signposting to provisions in the FPR 2010, pilot schemes that are in operation in the Family Court, Lexis+® UK Practice Notes and HMCTS guidance available to assist practitioners dealing with proceedings online.

Online divorce procedure

FPR 2010, PD 41A (Proceedings by electronic means: certain proceedings for a matrimonial order) came into effect on 6 April 2020 and sets out the procedure by which, in the circumstances provided for in the Practice Direction, an application for a divorce may proceed by electronic means. FPR 2010, PD 41A sets out the modifications that are made to the FPR 2010 when the application is made via the online service.

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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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