The Family Procedure Rules 2010

CHAPTER 3 E+W SPECIAL PROVISIONS ABOUT PUBLIC LAW PROCEEDINGS

[F1 Timetable for the proceedings E+W

12.22.   In public law proceedings other than Part 4 proceedings, in so far as practicable the court will draw up the timetable for the proceedings or revise that timetable with a view to disposing of the application without delay and in any event within 26 weeks beginning with the date on which the application is issued.

(In relation to Part 4 proceedings, section 32(1)(a) of the 1989 Act requires the court to draw up a timetable with a view to disposing of the application without delay and in any event within 26 weeks beginning with the day on which the application is issued.)]

Textual Amendments

F1 Rule 12.22 substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 23

[F2 Application of rules 12.24 to 12.26C E+W

12.23.   Rules 12.24 to 12.26C apply to Part 4 proceedings and in so far as practicable other public law proceedings.]

Textual Amendments

F2 Rule 12.23 substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), art. 1, rule 24

Directions E+W

12.24.  The court will direct the parties to—

(a) monitor compliance with the court's directions; and

(b) tell the court or court officer about—

(i) any failure to comply with a direction of the court; and

(ii) any other delay in the proceedings.

[F3 The Case Management Hearing and the Issues Resolution Hearing E+W

12.25.— (1) The court will conduct the Case Management Hearing with the objective of—

(a) confirming the level of judge to which the proceedings have been allocated;

(b) drawing up a timetable for the proceedings including the time within which the proceedings are to be resolved;

(c) identifying the issues; and

(d) giving directions in accordance with rule 12.12 and Practice Direction 12A to manage the proceedings.

(2) The court may hold a further Case Management Hearing only where this hearing is necessary to fulfil the objectives of the Case Management Hearing set out in paragraph (1).

(3) The court will conduct the Issues Resolution Hearing with the objective of—

(a) identifying the remaining issues in the proceedings;

(b) as far as possible resolving or narrowing those issues; and

(c) giving directions to manage the proceedings to the final hearing in accordance with rule 12.12 and Practice Direction 12A.

(4) Where it is possible for all the issues in the proceedings to be resolved at the Issues Resolution Hearing, the court may treat the Issues Resolution Hearing as a final hearing and make orders disposing of the proceedings.

(5) The court may set a date for the Case Management Hearing, a further Case Management Hearing and the Issues Resolution Hearing at the times referred to in Practice Direction 12A.

(6) The matters which the court will consider at the hearings referred to in this rule are set out in Practice Direction 12A.

(Rule 25.6 (experts: when to apply for the court’s permission) provides that unless the court directs otherwise, parties must apply for the court’s permission as mentioned in section 13(1), (3) and (5) of the 2014 Act as soon as possible and in Part 4 proceedings and in so far as practicable other public law proceedings no later than the Case Management Hearing.)]

Textual Amendments

F3 Rule 12.25 substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 25

[F4 Discussion between advocates E+W

12.26.— (1) When setting a date for the Case Management Hearing or the Issues Resolution Hearing the court will direct a discussion between the parties’ advocates to—

(a) discuss the provisions of a draft of the Case Management Order; and

(b) consider any other matter set out in Practice Direction 12A.

(2) Where there is a litigant in person the court will give directions about how that person may take part in the discussions between the parties’ advocates.

(3) Unless the court directs otherwise—

(a) any discussion between advocates must take place no later than 2 days before the Case Management Hearing; and

(b) a draft of the Case Management Order must be filed with the court no later than 11a.m. on the day before the Case Management Hearing.

(4) Unless the court directs otherwise—

(a) any discussion between advocates must take place no later than 7 days before the Issues Resolution Hearing; and

(b) a draft of the Case Management Order must be filed with the court no later than 11a.m. on the day before the Issues Resolution Hearing.

(5) For the purposes of this rule “advocate” includes a litigant in person.]

Textual Amendments

F4 Rule 12.26 substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 26

[F5 Application for extension of the time limit for disposing of the application E+W

12.26A.— (1) An application requesting the court to grant an extension must state—

(a) the reasons for the request;

(b) the period of extension being requested; and

(c) a short explanation of—

(i) why it is necessary for the request to be granted to enable the court to resolve the proceedings justly;

(ii) the impact which any ensuing timetable revision would have on the welfare of the child to whom the application relates;

(iii) the impact which any ensuing timetable revision would have on the duration and conduct of the proceedings; and

(iv) the reasons for the grant or refusal of any previous request for extension.

(2) Part 18 applies to an application requesting the grant of an extension.

(3) In this rule

“ensuing timetable revision” has the meaning given to it by section 32(6) of the 1989 Act;

“extension” means an extension of the period for the time being allowed under section 32(1)(a)(ii) of the 1989 Act which is to end no more than 8 weeks after the later of the times referred to in section 32(8) of that Act.

Textual Amendments

F5 Rules 12.26A-12.26C inserted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 27

Disapplication of rule 4.1(3)(a) court’s power to extend or shorten the time for compliance with a rule E+W

12.26B.   Rule 4.1(3)(a) does not apply to any period that is for the time being allowed under section 32(1)(a)(ii) of the 1989 Act.

Textual Amendments

F5 Rules 12.26A-12.26C inserted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 27

Extension of time limit: reasons for court’s decision E+W

12.26C.— (1) When refusing or granting an extension of the period that is for the time being allowed under section 32(1)(a)(ii) in the case of the application, the court will announce its decision and—

(a) the reasons for that decision; and

(b) where an extension is granted or refused, a short explanation of the impact which the decision would have on the welfare of the child.

(2) The court office will supply a copy of the order granting or refusing the extension including the reasons for the court’s decision and the period of any extension and short explanation given under paragraph (1)(b) to—

(a) the parties; and

(b) any person who has actual care of the child who is the subject of the proceedings.]

Textual Amendments

F5 Rules 12.26A-12.26C inserted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 27

Matters prescribed for the purposes of the Act E+W

12.27.—(1) Proceedings for an order under any of the following provisions of the 1989 Act—

(a) a secure accommodation order under section 25;

(b) an order giving permission to change a child's surname or remove a child from the United Kingdom under section 33(7);

(c) an order permitting the local authority to arrange for any child in its care to live outside England and Wales under paragraph 19(1) of Schedule 2;

(d) the extension or further extension of a supervision order under paragraph 6(3) of Schedule 3;

(e) appeals against the determination of proceedings of a kind set out in sub-paragraphs (a) to (d);

are specified for the purposes of section 41 of that Act in accordance with section 41(6)(i) of that Act.

(2) The persons listed as applicants in the table set out in rule 12.3 to proceedings for the variation of directions made with interim care or interim supervision orders under section 38(8) of the 1989 Act are the prescribed class of persons for the purposes of that section.

(3) The persons listed as applicants in the table set out in rule 12.3 to proceedings for the variation of a direction made under section 44(6) of the 1989 Act in an emergency protection order are the prescribed class of persons for the purposes of section 44(9) of that Act.

Exclusion requirements: interim care orders and emergency protection orders E+W

12.28.—(1) This rule applies where the court includes an exclusion requirement in an interim care order or an emergency protection order.

(2) The applicant for an interim care order or emergency protection order must—

(a) prepare a separate statement of the evidence in support of the application for an exclusion requirement;

(b) serve the statement personally on the relevant person with a copy of the order containing the exclusion requirement (and of any power of arrest which is attached to it);

(c) inform the relevant person of that person's right to apply to vary or discharge the exclusion requirement.

(3) Where a power of arrest is attached to an exclusion requirement in an interim care order or an emergency protection order, the applicant will deliver—

(a) a copy of the order; and

(b) a statement showing that the relevant person has been served with the order or informed of its terms (whether by being present when the order was made or by telephone or otherwise),

to the officer for the time being in charge of the police station for the area in which the dwelling-house in which the child lives is situated (or such other police station as the court may specify).

(4) Rules 10.6(2) and 10.10 to 10.17 will apply, with the necessary modifications, for the service, variation, discharge and enforcement of any exclusion requirement to which a power of arrest is attached as they apply to an order made on an application under Part 4 of the 1996 Act.

(5) The relevant person must serve the parties to the proceedings with any application which that person makes for the variation or discharge of the exclusion requirement.

(6) Where an exclusion requirement ceases to have effect whether—

(a) as a result of the removal of a child under section 38A(10) or 44A(10) of the 1989 Act M1 ;

(b) because of the discharge of the interim care order or emergency protection order; or

(c) otherwise,

the applicant must inform—

(i) the relevant person;

(ii) the parties to the proceedings;

(iii) any officer to whom a copy of the order was delivered under paragraph (3); and

(iv) (where necessary) the court.

(7) Where the court includes an exclusion requirement in an interim care order or an emergency protection order of its own motion, paragraph (2) will apply with the omission of any reference to the statement of the evidence.

(8) In this rule, “the relevant person” has the meaning assigned to it by sections 38A(2) and 44A(2) of the 1989 Act.

Marginal Citations

M1 Sections 38A(10) and 44A(10) were inserted by section 52 of and paragraphs 1 and 3 of Schedule 6 to the Family Law Act 1996.

Notification of consent E+W

12.29.—(1) Consent for the purposes of the following provisions of the 1989 Act—

(a) section 16(3) M2 ;

(b) section 38A(2)(b)(ii) or 44A(2)(b)(ii); or

(c) paragraph 19(3)(c) or (d) of Schedule 2,

must be given either—

(i) orally to the court; or

(ii) in writing to the court signed by the person giving consent.

(2) Any written consent for the purposes of section 38A(2) or 44A(2) of the 1989 Act must include a statement that the person giving consent—

(a) is able and willing to give to the child the care which it would be reasonable to expect a parent to give; and

(b) understands that the giving of consent could lead to the exclusion of the relevant person from the dwelling-house in which the child lives.

Marginal Citations

M2 Paragraph (a) was repealed by sections 6(1), (2), 15(2) of and Schedule 3 to the Children and Adoption Act 2006.

Proceedings for secure accommodation orders: copies of reports E+W

12.30.  In proceedings under section 25 of the 1989 Act, the court will, if practicable, arrange for copies of all written reports filed in the case to be made available before the hearing to—

(a) the applicant;

(b) the parent or guardian of the child to whom the application relates;

(c) any legal representative of the child;

(d) the children's guardian; and

(e) the child, unless the court directs otherwise,

and copies of the reports may, if the court considers it desirable, be shown to any person who is entitled to notice of any hearing in accordance with Practice Direction 12C.