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PRACTICE NOTES
Presumption of continued parental involvement The presumption of continued parental involvement requires the court, when making decisions on: • contested applications for orders under ChA 1989, s 8 • the contested variation or discharge of such orders, or • the award or removal of parental responsibility in favour of a parent other than the mother to presume that a child's welfare will be furthered by the involvement of each of the child's parents in his or her life, unless it can be shown that such involvement would not in fact further the child's welfare. See Practice Note: Welfare of the child—presumption of continued parental involvement. Transitional provisions provide that the presumption will not apply in respect of any family proceedings that were commenced but not disposed of prior to 22 October 2014. Note that the Ministry of Justice (MoJ) announced plans to repeal the presumption of parental involvement from sections 1(2A), (2B) and (6) of the Children Act 1989, following publication of a comprehensive review on 22 October 2025:Review of the Presumption
PRACTICE NOTES
This Practice Note explains the presumption of continued parental involvement pursuant to section 1(2A) of the Children Act 1989 (ChA 1989), which applies when the court considers contested applications for orders under ChA 1989, s 8 or for the grant or removal of parental responsibility. Presumption of continued parental involvement Pursuant to ChA 1989, s 1(2A), which was inserted by section 11 of the Children and Families Act 2014 (CFA 2014), where the court is considering one of the following applications, it must, in relation to each parent, presume (unless the contrary is shown) that involvement of that parent in the life of the child concerned will further that child’s welfare: • a contested application to make, vary or discharge an order under ChA 1989, s 8 (section 8 order) • an unmarried father’s application for parental responsibility—see Practice Note: Acquisition of parental responsibility by unmarried fathers • an application for an order terminating parental responsibility granted to an unmarried father • an application by an unmarried second female parent for parental responsibility—see Practice
PRACTICE NOTES
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 of significant harm. On 22 April 2014, the Public Law Outline
GLOSSARY
Welfare work rules In employment and social security practice, “welfare work rules” generally refers to job‑seeking, work‑related or conditionality requirements that a claimant must meet to receive, maintain or increase welfare or benefit entitlements. It is a descriptive term rather than a defined statutory expression in the UK or Ireland, but corresponds to detailed rules set out in legislation, regulations and guidance. In England and Wales, Scotland and Northern Ireland, the concept is most closely associated with work‑related requirements under the Universal Credit and legacy benefit regimes (for example, requirements to take “reasonable steps” to obtain work, attend interviews, undertake training, or accept suitable employment), breach of which may trigger sanctions. In Ireland, similar ideas appear in the activation and conditionality framework for Jobseeker’s Benefit, Jobseeker’s Allowance and related payments, usually expressed in terms of availability for, and genuine seeking of, work and compliance with activation measures. For legal practitioners, welfare work rules are significant in advising on entitlement, sanctions, appeals and judicial review challenges, including issues of proportionality, reasonableness, equality, disability accommodation and procedural fairness across the relevant benefits schemes.
PRACTICE NOTES
This Practice Note covers the prevalence of stress and risks to mental health in the legal profession, why we should take mental health and well-being seriously, and what you can do to protect the well-being of employees. It also considers the impact of mental health stigma and tools for dealing with stigma. Mental health and lawyers There is now a very wide body of research and other literature describing the disproportionately high levels of mental distress experienced by lawyers compared to the population at large. Examples include the 2021 IBA report ‘Mental Wellbeing in the Legal Profession—A Global Study’, and a 2023 White Paper from the Mindful Business Charter, ‘Raising the Bar: Addressing the state of mental health in the legal sector’. The reasons are complex but are generally understood to revolve around three factors: • the personality traits of lawyers, whether those traits are particularly drawn to law or are created by the law or a combination of both. These traits include things like perfectionism, a tendency to catastrophise, looking after other people’s
GLOSSARY
A broad primary power which enables local authorities to do anything which they consider is likely to promote or improve the economic, social or environmental well-being of their area or for persons resident or present in their area or beyond (see the Local Government Act 2000 (LGA 2000), pt 1).
GLOSSARY
A Wells order is an order made where the matrimonial assets comprise both liquid and illiquid or risk-laden assets. In such cases fairness may require the parties to share the different asset types, ie to share the risk. The term originates from the decision in Wells v Wells. Cases in which such a Wells order was made include P v P (Financial Relief: Illiquid Assets) and Versteegh v Versteegh. In Rapp v Sarre, the court concluded that it would have been unfair on a spouse who was not financially astute to be given a share of the illiquid and risk-laden assets in that case.
NEWS
The Welsh Affairs Committee has launched an inquiry into child poverty in Wales, examining the effectiveness of current policy approaches and the role of the UK government in addressing poverty levels. The inquiry will examine barriers to reducing child poverty, assess the impact of welfare policies and employment conditions and explore ways to improve coordination between UK and Welsh Governments. Written evidence must be submitted by 4 May 2026 in accordance with the Committee’s published guidance.
NEWS
The Welsh Cabinet Secretary for Housing and Local Government has approved recommendations from the Democracy and Boundary Commission Cymru (DBCC) regarding community arrangements in the Vale of Glamorgan. The decision, follows a review conducted by DBCC under the Democracy and Boundary Commission Cymru etc. Act 2013. The changes will be implemented via Order and come into force on 6 May 2027. The Vale of Glamorgan Council has been advised to begin discussions with community councils to ensure smooth transition to the new arrangements.
NEWS
The Welsh Cabinet Secretary for Housing and Local Government has published research findings on socio-economic barriers to democratic participation in Wales. The report, released on 24 September 2025, identifies five main obstacles including limited civic education, complex electoral regulations, and financial insecurity. The research proposes 12 recommendations including expanding the Equal Power Equal Voice programme, introducing a 'Right to Run' policy, and conducting a targeted review of candidate abuse. The findings are based on consultations with public sector organisations, third sector bodies and elected representatives. The Cabinet Secretary is now considering how to implement the recommendations to enhance democratic engagement across Wales.
NEWS
The Welsh Government has published a statement by First Minister, Vaughan Gething, on the appointment of 13 new Welsh ministers. This includes Jane Bryant as the new Minister for Mental Health and Jeremy Miles as the new Early Years and Cabinet Secretary for Economy, Energy and Welsh Language. Gething has said that both challenges and opportunities lie ahead and that the new team will work to ‘make Wales an even better place’.
NEWS
First Minister of Wales, Eluned Morgan has responded to the UK Government's Spring Statement, confirming Wales will receive £1.6bn in additional funding for 2025-2026, plus a further £16m supplement. The Welsh Government intends to direct this funding towards NHS services, education and community support. Morgan acknowledged the broader context of economic challenges facing the UK while noting positive indicators including declining interest rates. The Welsh Government will conduct a detailed assessment of the Statement's implications for future spending plans.