Procedure and case management

Public Law Outline

The Public Law Outline is set out in the Family Procedure Rules 2010 (FPR 2010) at FPR 2010, PD 12A and provides for a tightly managed case management system for proceedings under Part IV of the Children Act 1989 (ChA 1989) including:

•
pre-proceedings checklists
•
advocates’ meetings
•
case management hearings
•
issues resolution hearings, and
•
more standardised disclosure and directions

See Practice Note: Public law children procedure—Public Law Outline.

Online public law children proceedings

Pilot schemes are in place in relation to public law children proceedings that provide for the issue and management of proceedings online via the MyHMCTS portal.

See Practice Note: Online public law children proceedings.

Jurisdictional issues

The habitual residence of a child may be a significant factor in the determination of jurisdiction in children proceedings. Habitual residence is a question of fact and not a legal concept such as domicile—there is no legal rule akin to that whereby a child automatically takes the domicile of their parents. The habitual residence of a child corresponds to the place which reflects

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Latest Family News

Family Procedure Rules 2010 Practice Direction Update No 2 of 2025

The Family Procedure Rules 2010 (FPR 2010) Practice Direction Update No 2 of 2025 has been issued and makes amendments to FPR 2010, PD 36ZA and inserts a new Practice Direction, FPR 2010, PD 36ZI. The new Practice Direction FPR 2010, PD 36ZI supplements FPR 2010, SI 2010/2955, r 36.2 (Transitional Arrangements and Pilot Schemes) to underpin a pilot scheme for notification to the police when a relevant non-molestation order is made or varied or extended by the court, under a new procedure to notify the police by automated electronic means or by email once a relevant non molestation order is made. The amendments made to FPR 2010, PD 36ZA remove the provisions providing for the court to notify the police of non-molestation orders, or variation or discharge of non-molestation orders, and of service of such orders from its scope in the North Yorkshire Pilot. Notifications of relevant non molestation orders where made will instead be subsumed by the national solution provided by the pilot in FPR 2010, PD 36ZI.

Court of Appeal allows Council’s appeal in connection with Judicial Review claim (Surrey County Council v R (on the application of BC)

Local Government analysis: The Court of Appeal (‘Court’) allowed the appeal brought by Surrey County Council (SCC) in connection with the judge’s decision dated 15 December 2023 permitting a claim for judicial review and set aside the judge’s three declarations dated 20 December 2023. One of these declarations being that SCC owed a duty to accommodate BC, a 17-year-old child, under section 20 of the Children Act 1989 (ChA 1989). The court determined the judge was wrong to conclude that a duty was owed under section 20 of the Act, or that BC was in fact being accommodated by SCC under section 20 and opined that the judge had erred in determining that SCC had acted with (Wednesbury) unreasonableness. This case provides a solid overview of the timeframes involved for bringing a claim for judicial review, confirmation of when a local authority is dutybound to accommodate a child under ChA 1989, s 20 and clarity on the alternative methods that can be employed to children not deemed a ‘child in need’ and not requiring accommodation. Written by Paul Ridout, partner at HCR Law.

Scope of court’s powers under section 37(1) of the Children Act 1989 (Re E (Section 37 Direction))

Family analysis: This case considered the interpretation of section 37(1) of the Children Act 1989 (ChA 1989) empowering the court to direct a local authority to carry out an investigation into the child’s circumstances, and the consequential power to make interim public law orders under ChA 1989, s 38(1)(b). The question arising on appeal was whether those powers extend to any child about whom the court becomes aware during the proceedings, or only to a child who is the subject of proceedings’. The Court of Appeal found that the language of ChA 1989, s 37(1) refers to proceedings in which a question arises for determination about the welfare of a child. The court therefore held that the judge was not entitled to make a ChA 1989, s 37 order in relation to non-subject children and that there was no power to make an interim public law order in respect of a non-subject child. In any event, the making of the interim supervision order had been procedurally unfair. Olivia Magennis, barrister at 1GC|Family Law, looks at the implications.

Family weekly highlights—3 July 2025

This week's edition of the Family weekly highlights includes analysis of section 423 of the Insolvency Act 1986 and Schedule 1 to the Children Act 1989 claims. Recent judgments on inherent jurisdiction and summary return, the Thwaite jurisdiction and setting aside pension sharing orders are considered.