Specific issue orders

Specific issue orders

A specific issue order is an order pursuant to section 8 of the Children Act 1989 (ChA 1989) that gives directions for determining a specific question that has arisen, or that may arise, in connection with any aspect of parental responsibility for a child.

It can be used to determine questions about a child's upbringing, such as whether the child should go to a state school or be educated privately or in relation to medical treatment including immunisation, or issues relating to religion. It may also be used to resolve disputes regarding the child’s name or taking the child out of the jurisdiction. A specific issue order can be made on its own or it may be made with another order such as a child arrangements order (CAO).

See Practice Note: Specific issue orders.

ChA 1989 sets out the circumstances in which the court should not make a specific issue order, including, inter alia:

  1. where a child is in the care of the local authority

  2. where it in any way denies to the High Court the exercise of its inherent

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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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