Local Government analysis: The Office for Standards in Education, Children’s Services and Skills (Ofsted) appealed against a decision of the High Court in judicial review proceedings. In those proceedings, the High Court had found that Ofsted’s complaints procedure was procedurally unfair because, of its three-stage complaints procedures, one of the stages (step 2) was not available to schools which were considered to be in need of special measures.

The Protection from Harassment Act 1997 (PHA 1997) makes it an offence to pursue a course of conduct that amounts to harassment and creates a civil tort allowing for a claim for damages and ancillary injunctions. The High Court and county court can grant an injunction for personal protection by forbidding harassment. Where clients are unable to avail themselves of the provisions of Pt IV of the Family Law Act 1996 (FLA 1996), because they do not satisfy the criteria or eligibility, or where damages are sought for anxiety caused by harassment and for any financial loss arising from the harassment, among other things, then their solution may lie under PHA 1997. However, where the victim and the perpetrator of harassment or molestation are ‘associated persons’ within the FLA 1996, s 62(3), the remedies under FLA 1996 are more comprehensive and may be more appropriate, especially where occupation of the family home is an issue. Claims under PHA 1997 are not 'family proceedings' and applications are governed by the Civil Procedure Rules 1998, SI 1998/3132

This Procedural Guide sets out the steps to be taken in public law children proceedings under the Public Law Outline (PLO) as set out in Family Procedure Rules 2010 (FPR 2010), PD 12A. It provides information on the pre-proceedings checklist documents, annex documents and standard directions. It looks at the threshold criteria, significant harm and the welfare principle under the Children Act 1989 (ChA 1989). Fact-finding and split hearings, interim care orders and contact with looked after children are considered and it sets out when advocates’ meetings, case management hearings (CMH), issues resolution hearings (IRH) and final hearings take place. On 22 April 2014, the PLO for care, supervision and other proceedings under ChA 1989, Pt IV came into effect as FPR 2010, PD 12A, setting out an outline for the procedure in public law children proceedings. The 26 week deadline in the PLO originates from ChA 1989, s 32(1)(a), as amended by the Children and Families Act 2014 (CFA 2014). This mandates that care and supervision proceedings must be concluded within 26 weeks, subject to limited

This Procedural Guide highlights the steps and decisions when making or responding to an application to adjourn a hearing or directions appointment in financial remedy proceedings. It covers attendance, making and responding to an application, supporting evidence, costs and proceeding in the absence of a party. The term ‘hearing’ will be used to refer to a hearing or a directions appointment unless context dictates otherwise. For a detailed practical guide on the applicable law and procedure, including examples from case law, see Practice Note: Adjourning a hearing in financial remedy proceedings. The court’s case management powers are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. See generally, Practice Note: Court's case management powers—FPR 2010. Action See further Before applying A party must attend a hearing of which they have been given notice, unless the court directs otherwise. A hearing cannot be cancelled without the court’s permission. FPR 2010, SI 2010/2955, 9.12(3), 9.18(3), 27.3 Consider whether the issue can be addressed without an adjournment, eg:● by making

Where there are concerns that a party intends to dispose of assets in a way that will defeat a claim for financial provision, or has already done so, immediate action may have to be taken to secure the assets. Freezing orders (historically known as Mareva injunctions) are an interim remedy and may be made under Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 20 or under the inherent jurisdiction. An application to restrain future dealings is most commonly made under section 37 of the Matrimonial Causes Act 1973 (MCA 1973) or Schedule 5 Part 14, para 74(2) of the Civil Partnership Act 2004 (CPA 2004). The purpose is to prevent a party removing assets located in England and Wales, or dealing with assets wherever they are located. The applicant has to show that there is a good arguable case against the respondent and a real risk that a judgment will go unsatisfied because of the disposal by the respondent, or that refusal of relief would involve a real injustice. Application is generally made without

This Procedural Guide sets out the steps to be taken following an application for a financial remedy under the standard procedure in accordance with Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 9, Ch 4 (SI 2010/2955, 9.12–9.17). It also includes guidance on who may apply, pre-action requirements, service of the application and directions that may be made by the court. It also details the documentation that must be filed and exchanged by the parties prior to the first appointment under the FPR 2010 and the Financial remedies guide (2026) (the FRG). For practical guidance on proceedings to which the fast-track procedure under FPR 2010, SI 2010/2955, Pt 9, Ch 5 (SI 2010/2955, 9.18–9.21A) applies, see Practice Note: Fast-track (shortened) financial remedy procedure. See also Practice Notes: • Issuing financial proceedings in Form A (standard procedure) • Standard directions on an application in Form A • Financial Remedies Court (FRC) toolkit The court has jurisdiction to entertain proceedings for a financial order under the Matrimonial Causes Act

This Procedural Guide sets out the steps to be taken in connection with a final hearing following an application for a financial remedy under the standard procedure. It includes guidance on complying with directions from the financial dispute resolution (FDR) appointment, pre-trial review, open proposals and bundles. It also details the statement of costs on Form H1, duty of disclosure, factors the court will consider, orders the court can make and the duration and variation of orders, together with the requirements of the Financial remedies guide (March 2026) (the FRG). For practical guidance on proceedings to which the fast-track procedure applies, see Practice Note: Fast-track (shortened) financial remedy procedure. See also Practice Notes: • Preparation for the final hearing of an application for a financial remedy • Evidential issues for the final hearing of an application for a financial remedy For the particular steps relevant to an application to vary a financial remedy order, see: Procedural guide—variation of financial remedy orders. Action See further Preliminary matters Where the court

This Procedural Guide sets out steps to be taken at a financial dispute resolution appointment (FDR) following an application for a financial remedy under the standard procedure in accordance with Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 9, Ch 4 (SI 2010/2955, 9.12–9.17). It includes guidance on complying with the directions made at a first appointment, preparing proposals for settlement and costs estimate in Form H, with regard also to the Financial remedies guide (2026) (the FRG). It sets out the without prejudice nature of the FDR and the role of the judge in making a consent order and adjourning for further discussion or listing a final hearing. For practical guidance on proceedings to which the fast-track procedure under FPR 2010, SI 2010/2955, Pt 9, Ch 5 (SI 2010/2955, 9.18–9.21A) applies, see Practice Note: Fast-track (shortened) financial remedy procedure. See also Practice Notes: • Preparation for the financial dispute resolution appointment • Conduct of the financial dispute resolution appointment • Private financial dispute resolution appointments and early

This Procedural Guide sets out the steps to be taken at a first appointment following an application for a financial remedy under the standard procedure. It includes guidance on the purpose of a first appointment, directions the court may give, expert evidence, interim orders, an adjournment for the parties to obtain information about and consider using non-court dispute resolution and fixing a financial dispute resolution hearing (FDR) and final hearing. It also sets out the steps to be taken after the first appointment and the requirements of the Financial remedies guide (March 2026) (the FRG). For the steps to be taken prior to the first appointment, see Procedural Guide: Procedural guide—applications for a financial remedy: application to first appointment (standard procedure). For practical guidance on proceedings to which the fast-track procedure under FPR 2010, SI 2010/2955, Pt 9, Ch 5 (SI 2010/2955, 9.18–9.21A) applies, see Practice Note: Fast-track (shortened) financial remedy procedure. See also Practice Notes: • Standard directions on an application in Form A • The first appointment • Follow-up action

Under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) spouses who have been divorced overseas and who have a connection with England and Wales may seek financial remedies subject to certain conditions. Mirror provisions apply in relation to dissolution of an overseas civil partnership (or its equivalent) by virtue of Schedule 7 to the Civil Partnership Act 2004 (CPA 2004). See also Practice Notes: Financial relief after overseas divorce—jurisdiction, grant of leave and legislative provisions, Financial relief after overseas divorce—court’s approach and case law and Financial relief after overseas divorce—procedure. MFPA 1984, Pt III/CPA 2004, Sch 7 provides for an application for financial relief where: • a marriage/civil partnership has been dissolved or annulled, or the parties have been legally separated, by means of judicial or other proceedings in an overseas country, and • the divorce/dissolution, annulment or legal separation is recognised as valid in England and Wales, see Practice Note: Recognition of overseas divorce or dissolution of civil partnership The court's jurisdiction is determined by

This Procedural Guide sets out the steps to be taken on an application under the Civil Procedure Rules 1998 (CPR), in accordance with CPR 72 and CPR PD 72, and the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, for enforcement of a debt owing to the debtor by a third party who is within the jurisdiction (historically known as a garnishee order). It includes guidance on interim third party debt orders, third party obligations, hardship payment orders, evidence and orders that can be made. A third party debt order is a method of enforcement by which a creditor may enforce a debt such as arrears of maintenance or a lump sum payment against money due and owing to the debtor by a third party who is within the jurisdiction. This includes money held in the debtor's name in a bank or building society. The court has a discretion whether to grant a third party debt order and whether it does will be dependent on the circumstances at the time of enforcement. The order

Where a party considers that the other party has disposed of assets to a third party so as to defeat their claims in financial proceedings within divorce or civil partnership dissolution proceedings, an application can be made under section 37 of the Matrimonial Causes Act 1973 (MCA 1973) or the Civil Partnership Act 2004 (CPA 2004) equivalent. Such a disposition is termed 'reviewable' and the court may be asked to review the disposition and, if justified, set it aside. Such an application may be made before or after an order has been made by the court in the main financial proceedings. The third party to whom the disposition has been made will have to be joined as a party to the proceedings. The procedure for such applications is set out in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 18. A financial application must have been issued at the time of the application to set aside. This means a validly constituted application under any of MCA 1973, ss 22, 23,