Child care proceedings

Child care proceedings guidance:

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 Services and Well-being...

Practice Note

Changes were made in relation to appeals as a result of the introduction of the single Family Court with effect from 22 April 2014, see Practice Note: Appeals—general...

Practice Note

Care orders What is a care order and what is its purpose? A care order is an order granted by the family court which allows a designated local authority to share parental...

Practice Note

Chapter 1 of the Children and Social Work Act 2017 (CASWA 2017) introduces an obligation on local authorities to consider additional general needs, known as principles,...

Practice Note

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...

Practice Note

This Practice Note details the circumstances in which a child may be a party to public law children proceedings, the procedure for the appointment of a children's...

Practice Note

The welfare of more than one child In situations where the welfare of two children who have conflicting interests is inextricably linked, the court must decide whether...

Practice Note

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

Practice Note

This Practice Note aims to provide guidance on the often controversial issue of local authority designation for the purposes of section 31 of the Children Act 1989 (ChA...

Practice Note

General If there are concerns that a child is not being properly educated, but these are part of a wider picture of a child who is more generally suffering (or at risk of...

Practice Note

This Practice Note deals with evidence in public children proceedings including admissibility, credibility, competence and compellability. It also details the provisions...

Practice Note

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

Practice Note

What is the function of a threshold statement in care proceedings? It is for the local authority to prove, on a balance of probabilities, the facts upon which it seeks to...

Practice Note

All family lawyers should be knowledgeable about the Human Rights Act 1998 (HRA 1998) and the European Convention on Human Rights (ECHR), which is incorporated into HRA...

Practice Note

This Practice Note sets out the requirements in relation to interim orders in public children proceedings including the criteria and nature of interim orders and the...

Practice Note

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts have jurisdiction to...

Practice Note

Learning disabled parents make up a significant proportion of parents involved in care proceedings, and since the number of care cases issued has increased dramatically...

Practice Note

Background Every party to care proceedings is entitled to a fair hearing, and the parents and child are entitled to the protection of their art 6 rights (right to a fair...

Practice Note

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 Services and Well-being...

Practice Note

Applications for a section 91(14) order If a judge is considering making an order under section 91(14) of the Children Act 1989 (ChA 1989) (s 91(14) order) then they...

Practice Note

Children in care comprise a sub-category of 'looked after’ children. The other sub-category comprises children who are provided with accommodation under the majority of...

Practice Note

General criteria An emergency protection order (EPO) is a court order to be made in an emergency where it can be shown that unless emergency action is taken, the child...

Practice Note

Practitioners dealing with care proceedings where there are concurrent or imminent criminal proceedings need to be prepared to deal with a number of issues, including one...

Practice Note

The wider context The concept of harm that is significant is relevant both to care proceedings and more widely to local authority support for children and families. This...

Practice Note

On 22 April 2014, the Public Law Outline (PLO) 2014 for care, supervision and other proceedings under Part IV of the Children Act 1989 (ChA 1989) came into effect as...

Practice Note

This Practice Note details the threshold criteria as set out in section 31(2) of the Children Act 1989 (ChA 1989) and the public children law applications to which it...

Practice Note

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 (MOJ). Public funding...

Practice Note

A fact-finding hearing is the first of two parts of a ‘split hearing’, which may be in public or private law proceedings, at which first stage the court makes findings of...

Practice Note

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 child if it appears...

Practice Note

Restriction on further applications Section 91(14) of the Children Act 1989 (ChA 1989) provides that when a court disposes of any application for an order under that Act,...

Practice Note