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CASE NUMBER: XXXXXX
IN THE COUNTY COURT SITTING IN LIVERPOOL
IN THE FAMILY PROCEEDINGS COURT SITTING IN LIVERPOOL
IN THE MATTER OF:
THE CHILDREN ACT 1989
THE ADOPTION AND CHILDREN ACT 2002
THE FAMILY LAW ACT 19961
The Children:
Name
Gender
DOB
Placement
XXXXXXX
Boy/Girl
DOB
XXXXXX
XXXXXXX
Boy/Girl
DOB
XXXXXX
XXXXXXX
Boy/Girl
DOB
XXXXXX
XXXXXXX
Boy/Girl
DOB
XXXXXX2
[DRAFT] CASE MANAGEMENT ORDER NUMBER 1 / 2 / 3 / 4
1
Delete as relevant
2
Type of Placement for children
1.
Not removed– At home
2.
Not removed– In RPaCA placement (a residential assessment with parent)
3.
Not removed– In community placement
4.
Removed- To kinship placement
5.
Removed- To foster care
6.
Removed- To potential adoptive placement
7.
Reunification- Assessment placement with parent
8.
Reunification- Assessment placement with kinship placement
9.
Complex needs- In a specialist placement including hospital
1
Before HHJ XXX / District Judge XXXXX / The Family Proceedings Court
Sitting in private / open court
On XX day of XX 20XX
After reading the materials filed, which are described on the Court Bundle Index.
1. The Parties:
a. The applicant local authority is XXXXX
b. The first respondent (mother) is XXXXX
c. The second respondent (father / father of XXX) is XXXXXX
d. The third respondent child(ren) are acting by their children’s guardian
XXXXXX.
e. The first intervener (RELATIONSHIP TO CHILDREN) is XXXXX
f. The second intervener (RELATIONSHIP TO CHILDREN) is
XXXXX
2. Representation:
a. The parties are represented as follows:
i. The applicant local authority is represented by XXXXXXX.
ii. The first respondent mother is represented by XXXXXXX.
iii. The second respondent father is represented by XXXXXXX.
iv. The third respondent child(ren) are represented by XXXXXXX
b. The following people appeared in person:
i. XXXXXXXX whose contact details are XXXXXXXXX
ii. XXXXXXXX whose contact details are XXXXXXXXX
The names set out in paragraph 1 are not to be disclosed in public without
the permission of the court.
3. Allocation:
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a. The proceedings are allocated to / continue to be allocated to HHJ
XXXXXXXX.
4. The Applications(s):
a. The local authority has applied for a care order/supervision order/other
Part 4 order [specify] today/on date]
b. [Any other applications?]
c. XXXXXXXX has applied for [
] [today/on date]
5. Today’s Hearing:
a. Today the case was listed for XXXXXXX3;
b. Today the hearing has been effective / cancelled / adjourned / re-listed.
c. The primary reason for the case being adjourned or re-listed is
XXXXXi
6. The Timetable for the Proceedings:
a. The Timetable for the proceedings is 26 weeks from the date of issue
of the application. The Court will expect the case to be concluded by
XXXXXXX.
b. The proceedings cannot be completed within 26 weeks, but are to be
completed within XXXX weeks, by XXXXXXX
c. The timetable for the proceedings for one or more of the children has
changed at this hearing for the following reasons:
i. A period of longer than 26 weeks is required in order to resolve
the proceedings justly because XXXXXXX
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PLO Stage – Please put full name and code in brackets
Case management Hearing (CMH)
Further Case Management Hearing (FCMH)
Issues Resolution Hearing (IRH)
Final Hearing (FH)
Other - Fact Finding
Other - Directions Review
Other - Interim Care Hearing
Other - s38(6))
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ii. the timetable for the child/children require that a period of
longer than 26 weeks is required because XXXXXXXX
iii. The proceedings are delayed because XXXXXX
d. The next hearing is a XXXXX. It will take place on XXXXX at
XXXX am/pm. The parties and legal representatives shall attend by
XXXXXXXX am/pm.
e. There shall be an Advocates’ Meeting on XXXXXXX at XXXXX
am/pm at XXXXXXXXX.
f. At the IRH the Court will consider:
i. the extent to which the key issues can be resolved or narrowed
at the IRH by hearing evidence or otherwise;
ii. whether the IRH can be used as a final hearing;
iii. what evidence is necessary to determine the issues which
require resolution at the final hearing; and
iv. such further case management directions as may be required so
that the matter can proceed to a final hearing.
7. The Timetable for the Child(ren):
a. The key dates and events in the timetable for the child(ren) are:
i. On XXXXX the child XXXXX will start secondary school.
ii. On XXXXX the child XXXXX will move placement to
XXXXX.
8. The Threshold:
a. The section 31 threshold with respect to making orders in this case is
agreed as set out in XXXXXX
b. The section 31 threshold with respect to the following matters:
c. The section 31 threshold is in dispute.
9. The Key Issues in the Case Are:
a. XXXXXXXX
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b. XXXXXXXX
c. XXXXXXXX
10. The Parties Positions are:
a. XXXXXXX
b. XXXXXXX
11. It is further recorded that:
a.
12. Identification of people to be assessed as potential cares for the child(ren):
a. The parents have identified all family members they wish to be
assessed and the court has explained to them that any persons
identified by them in the future may not be assessed due to the delay
not being consistent with the timetable for the child.
b. The person(s) identified by the mother are XXXXXX.
c. The person(s) identified by the father are XXXXXX.
THE COURT ORDERS
13. Experts:
a. An application was / was not today made for the instruction of an
expert.
b. The application was not / was granted.
c. The type of expert whose instruction was allowed / refused by the
court is XXXXXXii
d. The Court gives leave to for the instruction of an expert on the
following basis:
i. The name of the expert is: XXXXXXXXX
ii. The date by which the report is due is: XXXXXX
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iii. The report of an expert is necessary to assist the court to
resolve the proceedings because:
1. XXXXXX
2. XXXXXX
iv. The costs of the report shall be shared equally between the
parties and shall be a proper and necessary charge on the LAA
funding certificates of XXXXXXXXX;
v. The solicitor for the child shall agree, file and serve a letter of
instruction by no later than XXXXXX and the questions the
Court requires the expert to consider are: [EXAMPLE GIVEN
FOR ADULT PSYCHOLOGIST]:
1. The insight of the XXXXXX into and acceptance of the
issues identified;
2. The
psychological
profiles
of
the
XXXXXXX
particularly having regard to their past parenting
history;
3. The capacity of the XXXXX to change and sustain any
change;
4. What therapy and/or parenting programmes are required
to change and/or to sustain change (and what is the time
scale for such programmes and the timescale to assess
change);
5. What is the relationship dynamic between XXXXXX
and XXXX; and
6. Any other matters relevant to the welfare of the
child(ren) and the issues to be determined by the Court.
e. A further application was / was not today made for the instruction of
an expert.
f. The application was not / was granted.
g. The type of expert whose instruction was allowed / refused by the
court is XXXXXX [DELETE IF NECESSARY OR COPY AND
PASTE (d) ABOVE AS RELEVANT]
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14. Other Orders:
Alternative Carer Assessments:
a. The local authority shall file and serve viability assessments of the
nominated relative carers (who are XXXXX) by no later than 4pm on
XXXXXXXXXX. Such viability assessments shall detail the
assessment of the local authority with respect to the following matters:
i. Whether the relative carer is likely to be approved as a foster
carer for one or more the children (and in the event that they
are not, setting out the specific reasons why not);
ii. Whether the local authority considers the relative is likely to be
able to provide appropriate long-term care for one or more of
the children pursuant to residence order(s) or Special
Guardianship Order(s).
b. With respect to the viability assessment of relative carers the following
directions shall apply:
i. The local authority shall disclose a copy of the same to the
subject(s) of the assessment;
ii. The local authority shall at the same time write to the subject of
the assessment indicating that:
1. The Court has ordered that in the event that they
disagree with the conclusions of the assessment and
wish to challenge the same in Court, they must seek
legal advice and make any applications they intend to
make with respect to further assessments of them by no
later than 21 days from the date on which they received
a copy of the assessment;
2. That failure to make any such applications within the
specified time limit is likely to result in the Court
refusing any applications for further assessment by
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reason of the delay that will be caused in the
proceedings and for the child(ren).
iii. In the event that the viability assessment is positive, the local
authority shall proceed to carry out the relevant full assessment
of the subject person. In the event that undertaking such full
assessment (including any necessary approval by panel) will
require the altering of the timetable (and such alteration cannot
be agreed between the parties and the Court administratively)
or imperil the completion of the case in accordance with the
timetable the local authority shall return the matter to court on
notice to the other parties.
Contact Records:
c. The local authority shall file on the other parties paginated copies of
the records of contact between the parents and the child(ren) on a
rolling basis so as to ensure the records are complete and up to date no
less than 7 days before the Advocates’ meeting prior to the IRH. The
records shall not be included in the Court bundle unless specifically
requested by a party at the advocates’ meeting. The Court requires the
parties to consider at the advocates’ meeting whether it is possible to
agree (a) a schedule of contact attended/missed and (b) an agreed
statement as to the quality of contact as represented by the contact
records as opposed to the inclusion of the complete contact records.
Medical Records:
d. The solicitor for the XXXXXXXXX shall (in accordance with the
Local Practice Direction on the obtaining of medical records) obtain,
file and serve a paginated copy of the XXXXXX’s medical (GP and
Hospital) records by no later than XXXXXXX. The costs of the same
shall be a proper and necessary charge on the XXXXXXX’s LAA
certificate.
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Police Disclosure:
e. The Court has today made a separate order for police disclosure. Such
disclosure is due to be made by no later than XXXXXXX.
Reports from Third Parties:
f. The parents do have leave to file and serve statements and/or reports
from third party agencies who have been providing support,
counselling, assistance or other such input to the parents on the
following basis:
i. The same shall detail (a) the nature of the organisation and the
qualifications/experience of the key provider(s) (b) the aims
and objectives of the support (c) the engagement of the parent
(d) progress and (e) plans for future involvement;
ii. The reasonable costs of obtaining any such report shall be a
proper and necessary charge on the relevant parent’s LAA
certificate; and
iii. The same shall be filed and served by no later than
XXXXXXXX.
g. The solicitors for XXXXXX shall file and serve a report/statement
from XXXXXXX on the following basis:
i. The same shall detail (a) the nature of the organisation and the
qualifications/experience of the key provider(s) (b) the aims
and objectives of the support (c) the engagement of the parent
(d) progress and (e) plans for future involvement;
ii. The reasonable costs of obtaining any such report shall be a
proper and necessary charge on the relevant parent’s LAA
certificate; and
iii. The same shall be filed and served by no later than
XXXXXXXX.
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School/Nursery Reports:
h. The local authority shall file and serve school/nursery report(s) with
respect to the subject children that attend school/nursery on the
following basis:
i. The same shall be filed and served by XXXXXXXX;
ii. The same shall detail:
1. Attendance;
2. Attainment;
3. Parental engagement and co-operation;
4. Any behavioural issues noted or observed (exhibiting
any contemporaneous records);
5. Any welfare concerns regarding the child(ren) noted or
observed (exhibiting any contemporaneous records);
6. Any other matters relevant to the child’s welfare.
Health Visitor Evidence:
i. The local authority shall file and serve health visitor records and
statement with respect to the relevant subject children on the following
basis:
i. The same shall be filed and served by XXXXXXXXX;
ii. The same shall deal with:
1. The child’s health;
2. Parental engagement;
3. Any welfare concerns regarding the child(ren) noted or
observed;
4. Any other matter relevant to the child’s welfare.
Immigration Information:
j. The Court requests that the Home Office (UK Borders Agency and
Identity and Passport Service) do provide the requested information set
out in the Form EX 660 annexed by no later than XXXXXXX in
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accordance with the Communicating with the Home Office in Family
Proceedings Protocol set out in the President’s Guidance of March
2012 ([2012] Fam Law 46).
Drug Testing:
k. The XXXXXX’s solicitor shall obtain, file and serve by no later than
4pm on XXXXXXX hair strand drug testing on the following basis:
i. The same shall determine the use of illegal drugs by the mother
in the preceding XX months;
ii. The illegal drugs and their associated derivatives to be tested
for are:
1. Cannabis;
2. Cocaine;
3. Amphetamines;
4. Heroine; and
5. MDMA.
iii. The same shall, as far as possible, be segmented by month;
iv. The same shall be a proper and necessary charge on the
XXXXXXX’s LAA funding certificate.
Alcohol Testing:
l. The XXXXXX’s solicitors shall obtain, file and serve alcohol testing
with respect to the mother on the following basis:
i. The testing shall be in the form of hair strand (Etg and FAEE)
and CDT blood testing;
ii. The testing shall be filed and served by no later than
XXXXXXXX;
iii. The costs of the testing shall be a proper and necessary charge
on the mother’s LAA funding certificate.
DNA Testing:
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m. The Court directs pursuant to section 20 of the Family Law Reform
Act 1969 that the child shall be subject to a DNA test by an accredited
testing agency on the following basis:
i. The child to be tested is XXXXXX dob XXXXXX;
ii. It appears to the Court that XXXXXX has care and control of
the child pursuant to an interim care order;
iii. The adults to be tested are XXXXXXXX;
iv. The test shall determine whether XXXXXXX is the Father of
the child;
v. The lead solicitor in the conduct of the test shall be the solicitor
for XXXXXXX;
vi. The test shall be carried out and the results filed and as soon as
possible and no later than XXXXXXXX;
vii. The costs of the testing shall be a necessary and proper charge
on the LAA funding certificates of the XXXXXXXX.
Parenting Assessment:
n. The Local Authority shall undertake a full parenting assessment of the
XXXXXXX. The assessment shall deal with the issues identified and
recited in this order and assess the ability of the parents to provide safe
and secure parenting and show capacity to change and sustain change.
The assessment shall be filed and served on or before XXXXXXX.
Final Evidence:
o. The Local Authority shall file and serve the following evidence by no
later than XXXXXXXX:
i. A final social work statement (such to include an analysis of
the benefits and detriments of each alternative placement
options for the child(ren) and a reasoned recommendation as to
the placement option that the local authority considers in the
best interests of the child(ren));
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ii. Final Care Plan(s) for the relevant child(ren).
p. The parent(s) shall file and serve their final statement(s) of evidence by
no later than XXXXXXXXX.
q. The Children’s Guardian shall file and serve a final Case Analysis by
no later than XXXXXXXX.
Placement Order Directions:
r. The local authority shall ensure that it has sought approval from its’
Agency Decision Maker for a decision as to placing the child(ren) for
adoption by no later than XXXXXX (having ensured that all necessary
steps have been taken to enable such a decision to be made).
s. In the event that the Agency Decision Maker approves the making of
Placement Application(s) the local authority shall issue the relevant
application(s), together with Annex B Report and Statement of Facts,
by no later than XXXXXXX.
t. The following directions shall apply immediately upon the Local
Authority issuing an application for a Placement Order:
i. The child(ren) shall be made a party to the application;
ii. The mother and the father shall be made respondents to the
application;
iii. XXXXXXXX shall be appointed as the Child’s Solicitor;
iv. XXXXXXXX shall be appointed as the children’s Guardian;
v. The evidence in the care proceedings shall be admitted within
the application for a Placement Order and visa versa;
vi. The parent(s) shall file and serve statements in response to the
application(s) by no later than 4pm on XXXXXXXX;
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vii. The Guardian shall file and serve a Case Analysis by no later
than XXXXXXX (such Analysis may be included in the same
document as is prepared for the care order application(s));
viii. The matter shall be listed for hearing on the same date and time
as the hearings listed with respect to the care application(s).
Disclosure of this Order:
u. There shall be leave to the parties to disclose a copy of this order
(redacted so as to remove any sections that are not relevant for the
purpose of the disclosure) to any third party from who disclosure of
information/reports/evidence is sought pursuant to this order.
v. The local authority shall ensure that the Independent Reviewing
Officer (NAME) receives a copy of this order within 5 days of the
same being approved by the Court.
Interim Care/Supervision Orders:
w. XXXXXXX, [child(ren)’s name(s)] shall be placed in the interim care
of the local authority until midnight on XXXXXXX. Thereafter the
Interim Care Orders shall be renewed on receipt of a written request
from the Local Authority confirming that all directions have been
complied with (or with particulars of any such failure), that there have
been no changes in circumstances and that no objection to the renewal
has been received from any of the other parties.
x. XXXXXXXX, [Child(ren)’s name(s)] shall be the subject of a
Supervision Order in favour of XXXXXXXXX. Thereafter the Interim
Supervision Orders shall be renewed on receipt of a written request
from the Local Authority confirming that all directions have been
complied with (or with particulars of any such failure), that there have
been no changes in circumstances and that no objection to the renewal
has been received from any of the other parties.
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15. Case Outcome:
a. A XXXXX order was made today in respect of XXXXX child(ren)
b. XXXXXXX
16. Other:
a. No document other than a document specified in this order or filed in
accordance with the Rules or any Practice Direction shall be filed by
any party without the court’s permission.
b. Any application to vary this order or for any other order is to be made
to the allocated judge on notice to all parties.
17. Compliance with Directions:
a. All parties must immediately inform the Court/Court Officer
if any party or person fails to comply with any part of this order or in
the event that by reason of any other circumstance the timetable for the
case is put in jeopardy.
The Family Proceedings Court
HHJ/DJ XXXXXX
Dated the XXXX day of XXXX
i
Reason for Adjourned Hearing – Please select one reason for the
adjournment that best describes the situation. Put the full reason and then
the code for that reason in brackets.
Local
LA1 - No/poor pre-proceedings preparation by LA, other than
Authority
(core) social work assessment of the family
LA2 - No friends/family identified before the hearing by LA
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CAFCASS
.
Lawyers
HMCTS
Judiciary
LSC
Official
Solicitor
Experts
Health
Crime
Other
LA3 - No/poor kinship assessments by LA
LA4 - No expert instructed by LA
LA5 - No/poor/late (core) social work assessment of the family by
LA
LA6 - New social work report/assessment required following a
change in circumstances
LA7 - No timetable for the child
LA8 - New/alternative care plan
LA8 – No/poor/late/new/care plan
LA9 - Placement order proceedings delay
LA10 - No/poor placement evidence by LA
LA11 - No threshold document
CA1 - CAFCASS not allocated/present
CA2 - No/poor CAFCASS analysis
LW1 - Lawyers not instructed, present or ready, party or witness
fail to attend
LW2 - No key issue analysis
LW3 - No/poor parental evidence
HM1 - No courtroom available
HM2 - No special measures
HM3 - Interpreter not available
JU1 - Lack of judicial continuity
JU2 - Insufficient time listed or to complete hearing
LS1 - Prior authority from LSC not available
LS2 - Other legal aid
OS1 - Official Solicitor not instructed/ready
EX1
Late
expert
report/assessment/
Poor
expert
report/assessment
EX2 – New expert report/assessment required following a change
in circumstances
HE1 - No/poor medical records etc from other agency
CR1 - Police disclosure/documents incomplete/not available
OT1 - Case transferred
OT2 - Need for an interim contested hearing
OT3 - Other non compliance with directions
OT4 - Consolidation with other family proceedings
OT5 - Parallel proceedings
OT6 - New baby/pregnancy
OT7 - New Party joined
OT8 - Immigration and international difficulties
OT9 - Severe weather
OT10 - Industrial action
ii
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Expert Code
PLEASE PUT FULL DISCIPLINE AND CODE IN BRACKETS
A – Paediatric
E – Multi-Disciplinary
Assessment
Psychological Report
J1 – Clinical – Child(ren) only
B – Paediatric Radiologist
F – Independent Social Worker
C – Other Medical Report
G – Paediatrician
Family Centre Assessment
Psychiatric Report:
J3 – Parent(s) only
(Parenting Skills):
H1 – Parent(s) alone
J4 – Parent(s) and Child(ren)
D1 – Residential
D2 –Non-Residential
H2 – Child(ren) and Parent(s) /
J2 – Educational – Child(ren) only
K – Other Expert Report
carer(s)
H3 – Psychiatric Report –
Child(ren) alone
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4. XXXXXX indicates that details are to be completed.
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