Parts 18 and 19 applications

Introduction

The Family Procedure Rules 2010 (FPR 2010) codify the general applications procedure in family proceedings at FPR 2010, SI 2010/2955, Pts 18 and 19, which apply to applications made in proceedings save in relation to particular applications that are provided for elsewhere in the rules.

Part 18

FPR 2010, SI 2010/2955, Pt 18, supplemented by FPR 2010, PD 18A, sets out the procedure where:

  1. a party wishes to make an application within existing family proceedings

  2. a party wishes to start proceedings where no other procedure is prescribed by the rules or in connection with proceedings that have been concluded, or

  3. a party wishes to make an application in connection with proceedings which have been concluded

The rules prescribe that the FPR 2010, SI 2010/2955, Pt 18 procedure should be followed in connection with certain specific applications. Most applications

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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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