Procedure and case management

Practice notes

Public children—Public Law Outline 2014

Public children—Public Law Outline 2014Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding...

17th Sep

COVID-19

Practice notes

Termination, discharge and variation of care and supervision orders

Termination, discharge and variation of care and supervision ordersCare orders—generalA care order ends when the child reaches 18 or if brought to an...

17th Sep

Q&As

In care proceedings where the local authority’s final plan is for only private law orders to be made, is there still a need or requirement to agree a threshold document?

In care proceedings where the local authority’s final plan is for only private law orders to be made, is there still a need or requirement to agree a...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 17th Sep

Practice notes

Public law fact-finding and split hearings

Public law fact-finding and split hearingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

1st Sep

Practice notes

Expert evidence in public children proceedings

Expert evidence in public children proceedingsThis Practice Note deals with expert evidence in public law children proceedings, including in care and...

23rd Aug

Q&As

In ongoing care proceedings, the local authority has indicated that it now considers that the threshold criteria isn't met, but the children's guardian considers that a supervision order is necessary. Can the court be satisfied that the threshold is met where the local authority does not wish to proceed with its application?

In ongoing care proceedings, the local authority has indicated that it now considers that the threshold criteria isn't met, but the children's...

20th Aug

Q&As

Where a client raises concerns about a serious safeguarding risk to a child, is there a responsibility to make a referral to social services? Is the client’s consent required for a referral to be made? What steps should be taken to ensure a referral is made?

Where a client raises concerns about a serious safeguarding risk to a child, is there a responsibility to make a referral to social services? Is the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th Aug

Q&As

Under what provisions in the Family Procedure Rules 2010 may a father with parental responsibility be removed as a party to care proceedings? What case law is there in relation to such a removal?

Under what provisions in the Family Procedure Rules 2010 may a father with parental responsibility be removed as a party to care proceedings? What...

19th Aug

Q&As

With reference to the 2013 Protocol and Good Practice Model: Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings, what case law deals with similar linking, but in relation to all children proceedings, not just care proceedings? What case law deals with concurrent criminal and private law proceedings?

With reference to the 2013 Protocol and Good Practice Model: Disclosure of information in cases of alleged child abuse and linked criminal and care...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug

Q&As

When is permission required to file expert evidence in children proceedings?

When is permission required to file expert evidence in children proceedings?Legislative provisionsThe legislative provisions regarding expert evidence...

18th Aug

Q&As

In public children proceedings, do any questions to an expert after the filing of the expert’s report have to be approved by the court, before they are sent to the expert? If not, what right does a party have to object to questions put by another party?

In public children proceedings, do any questions to an expert after the filing of the expert’s report have to be approved by the court, before they...

18th Aug

Q&As

In care proceedings, are all respondents entitled to view all documents in the court bundle, or can documents be removed and/or redacted? If so, who is responsible for removing/redacting documents and is an order of the court required?

In care proceedings, are all respondents entitled to view all documents in the court bundle, or can documents be removed and/or redacted? If so, who...

18th Aug

Q&As

Where care proceedings have been consolidated following the birth of another baby during the original proceedings, in what circumstances would the court be likely to subsequently split the two sets of proceedings? Is there case law on this issue?

Where care proceedings have been consolidated following the birth of another baby during the original proceedings, in what circumstances would the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

Can a party in care proceedings make an application to instruct an expert where an application has already been refused?

Can a party in care proceedings make an application to instruct an expert where an application has already been refused?In accordance with the Family...

18th Aug

Q&As

A 17-year-old child was joined to adoption proceedings, and a guardian appointed in accordance with Family Procedure Rules 2010, SI 2010/2955, 16.3. The child has since turned 18 but has health and learning difficulties and would be unable to provide instructions to a solicitor themselves. Does the guardian's appointment remain valid post 18, or does the Official Solicitor need to be contacted?

A 17-year-old child was joined to adoption proceedings, and a guardian appointed in accordance with Family Procedure Rules 2010, SI 2010/2955, 16.3....

18th Aug

Practice notes

Costs in public law children proceedings

Costs in public law children proceedingsThis Practice Note provides guidance on the costs principles and case law that specifically apply to public...

18th Aug

Practice notes

Litigants in person and McKenzie friends—public law

Litigants in person and McKenzie friends—public lawThis Practice Note sets out guidance and best practice in cases where a party is acting in person...

18th Aug

Practice notes

Appeals in public law children proceedings

Appeals in public law children proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

18th Aug

Practice notes

Preparation of court bundles in family proceedings

Preparation of court bundles in family proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

18th Aug

COVID-19

Practice notes

Reports under section 37 of the Children Act 1989

Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

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