Procedure and case management

Practice notes

Costs in public law children proceedings

General principlesIn children proceedings the general rule that costs will follow the event does not apply. Express statutory provision is made in the...

17th Jan

Practice notes

Case management in public children proceedings

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

17th Jan

Practice notes

Public children—Public Law Outline 2014

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

17th Jan

COVID-19

Practice notes

Designation of local authorities for the purposes of care and supervision orders

This Practice Note aims to provide guidance on the often controversial issue of local authority designation for the purposes of section 31 of the...

Produced in partnership with Ruth Cabeza of Field Court Chambers 16th Jan

Practice notes

Public funding in care proceedings

Public funding in care proceedings is provided for parties by the Legal Aid Agency (LAA) who are an executive agency of the Ministry of Justice...

Produced in partnership with Claire Cousin of Dodds Solicitors LLP 16th Jan

Practice notes

Child protection conferences

Please note the information in this Practice Note relates to the current law in England. The law in Wales in this area is covered by the Social...

Produced in partnership with Claire Cousin 16th Jan

Q&As

In private children proceedings, a report under section 37 of the Children Act 1989 is to be sought, however, one of the parents has made a successful complaint against the local authority (LA) in question, perceives bias and does not wish that the LA prepare the report. Can the report be prepared by someone other than the LA, for example the Children and Family Court Advisory and Support Service, an independent social worker or another LA?

This responds considers who can prepare a report directed under section 37 of the Children Act 1989 (ChA 1989).ChA 1989, s 37 provides that where, in...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

Can admissions contained in 'without prejudice' documentation in children matters be admissible ie where correspondence is marked 'without prejudice' will that have an absolute effect in children cases?

Without prejudice communicationsWithout prejudice immunity is based on the public policy that parties should be encouraged to settle litigation, or...

Produced in partnership with Kirstie Danton of St Ives Chambers 8th Jan

Q&As

Where a child is represented separately within care proceedings and the child is competent to give instructions and wishes to move to live with her paternal grandmother in Israel, what application can be made on behalf of the child and what form should be used?

Pursuant to section 22C of the Children Act 1989 a local authority, where a looked after child cannot be cared for by their parents, must consider...

Produced in partnership with Ruth Cabeza of Field Court Chambers 8th Jan

Practice notes

Reports under section 37 of the Children Act 1989

Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an investigation by a local authority into the welfare of a...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

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?

The purpose of 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 8th Jan

Q&As

A social worker accessed an open Facebook site in a private capacity and came across a photo and the names of children in ongoing care proceedings. A screenshot of the information was taken. Can the information in that screenshot be relied on in the care proceedings and how does it fit in with the Regulation of Investigatory Powers Act 2000 provisions on surveillance?

The use of social media in legal proceedings has increased exponentially over the past decade. It is now commonplace for evidence to be harvested from...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

A care order was made four years ago placing a child with family members. An application has now been made to discharge the care order and replace it with a special guardianship order. Medical evidence submitted in support of the application is several years old, and the prospective special guardians have stated that there has been no change since the reports were prepared. Do time limits apply regarding medical evidence or in relation to Disclosure and Barring Service checks?

The best way to approach this issue is to consider what information the court would need in order to be satisfied that:•the care order can and should...

Produced in partnership with Melissa Harrison of Coram Chambers 8th Jan

Practice notes

Vulnerable persons—participation and evidence in family proceedings

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

24th Dec

Practice notes

Expert evidence in public children proceedings

This Practice Note deals with expert evidence in public law children proceedings, including in care and adoption proceedings. It details the relevant...

16th Dec

Practice notes

Appeals in public law children proceedings

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

15th Dec

Practice notes

Standard orders—public children

This Practice Note provides information about, and access to, public children standard orders issued by the President of the Family Division, and...

28th Nov

Q&As

Can an application be made for a recovery order at the same time as an application for an emergency protection order? Is there a time limit on the duration of a recovery order?

Section 50 of the Children Act 1989 (ChA 1989) makes provision for the recovery of abducted children, where it appears to the court that there is...

28th Nov

Q&As

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

Legislative provisionsThe legislative provisions regarding expert evidence are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...

28th Nov

Q&As

Does the making of an interim care order automatically discharge a special guardianship order?

Whereas the making of a special guardianship order will automatically discharge a care order by virtue of section 91(5A) of the Children Act 1989 (ChA...

28th Nov

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