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GLOSSARY

Issues resolution hearing definition

Published by a LexisNexis Family expert

What does Issues resolution hearing mean?

Within public law children proceedings an issues resolution hearing is required primarily to identify the remaining issues, as far as possible resolve or narrow those issues, and to give directions for the resolution of the remaining issues.

An issues resolution hearing forms part of the case management framework set out in the Public Law Outline (PLO 2014) which requires public law children proceedings to be concluded within 26 weeks, unless an extension to the timetable is granted. On occasion the issues resolution hearing may be treated as a final hearing. It is preceded by an advocates' meeting which must take place seven days prior to the issues resolution hearing and at which a draft case management order must be prepared (and filed with the court no later than 11am on the day before the issues resolution hearing).

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Public law children procedure—Public Law Outline

STOP PRESS: On 23 February 2024, the President of the Family Division, Sir Andrew McFarlane, confirmed that the guidance on electronic bundles is suspended in relation to public children proceedings with immediate effect. The guidance has been referred to the Family Procedure Rule Committee with a view to a revised version being published. In the meantime, the judiciary and local authorities are to proceed according to the needs of the case and the capacity of the software system available to them. The guidance continues to apply to private law and financial remedy proceedings. See: Guidance on preparation of electronic bundles in public law proceedings LNB News 27/02/2024 61.On 22 April 2014, the Public Law Outline for care, supervision and other proceedings under Part IV of the Children Act 1989 (ChA 1989) came into effect as Family Procedure Rules 2010, PD 12A (FPR 2010). FPR 2010, PD 12A sets out an outline for the procedure in public law children proceedings, including as to:•the order of the different stages of the process•the...

Welfare principle in public law proceedings

Welfare principle in public law proceedings This Practice Note outlines the application of the welfare principle as provided for in the Children Act 1989 (ChA 1989) in public children proceedings. It details the court's discretion and the impact of the welfare principle together with the welfare checklist. It also provides practical guidance on the paramountcy principle, the avoidance of delay, concurrent and twin-track planning and early permanence (formerly known as ‘fostering to adopt’). ChA 1989 creates a two-stage process, which can be carried out in the same or in more than one hearing, before the court can exercise its discretion to make a care or supervision order: • the first stage requires the court to consider the threshold criteria in ChA 1989, s 31(2) • the second stage is the consideration by the court of the welfare principle This Practice Note concerns the second, welfare, stage. The local authority must prove the threshold criteria, before the court can reach the welfare stage—see Practice Notes: Threshold criteria and Principle...

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