Case management in public children proceedings
Produced in partnership with Maud Davis of TV Edwards LLP
Case management in public children proceedings

The following Family guidance note Produced in partnership with Maud Davis of TV Edwards LLP provides comprehensive and up to date legal information covering:

  • Case management in public children proceedings
  • The overriding objective
  • Jurisdictional issues
  • The court’s responsibilities—general
  • The court’s responsibilities—approach to children’s cases
  • The court’s responsibilities—private consultations between judge and advocates, meetings with children, and recusal
  • The parties’ responsibilities
  • Responsibilities of solicitors
  • Responsibilities of barristers

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners, inter alia, when considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Notes: Brexit—children proceedings and Brexit and family law. This Practice Note sets out the current position on case management in public children proceedings.

This Practice Note details the overriding objective that must be applied in public children proceedings, including care proceedings under the Children Act 1989 (ChA 1989), to enable cases to be dealt with justly with regard to welfare issues. It sets out the court’s responsibilities to further the overriding objective and the approach to children cases, together with the responsibilities of the parties and those of lawyers. It also provides guidance on when the recusal of a judge may be appropriate. It also includes details of relevant standard orders.

On 22 April 2014, the Public Law Outline 2014 (PLO 2014) for care, supervision, and other proceedings under Part IV of the Children Act 1989 (ChA 1989), came into effect as the revised Family Procedure Rules 2010 (FPR 2010), PD 12A. See Practice Note: Public children—Public Law Outline 2014 for practical guidance on PLO 2014.

FPR 2010, SI 2010/2955, Pt 3A came into force from 27 November 2017 by virtue of the Family Procedure (Amendment