Harcourt Chambers
2 Experts
16 Contributions by Harcourt Chambers Experts
PRACTICE NOTES
A new protocol, the disclosure of information between family and criminal agencies and jurisdictions (the 2024 protocol)
A fresh protocol—'the disclosure of information between family and criminal agencies and jurisdictions' (the 2024 protocol)—was published in February 2024, superseding the October 2013 protocol and good practice model (disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings). From 1 March 2024, it governs the sharing of information and material between criminal and family agencies and jurisdictions. It covers all private and public family law proceedings, including contemplated public law cases, and all material in police possession. A working group comprising the judiciary, local authorities, police and the Crown Prosecution Service will review it in 2025. This Practice Note outlines the general approach to public children care proceedings where criminal proceedings are concurrent or imminent, addressing the Family
Family
PRACTICE NOTES
This Practice Note offers practical guidance on the frequently debated question of which local authority should be designated for section 31 of the Children Act 1989 (ChA 1989). Specifically, it examines and clarifies:
the distinct statutory criteria governing designation for both care orders and supervision orders in such cases
for care orders, whether and to what extent A v A (Children: Habitual Residence) (Reunite International Child Abduction Centre) influences the understanding of ‘ordinary residence’ in particular
the operation of the ‘stop clock’ in ChA 1989, s 105(6), and the effect of amendments to ChA 1989, s 22 introduced by the Children and Young Persons Act 2008 on the definition of a looked after child in this context
General principles
The Family Court may not issue a care order or a supervision order in the abstract. Any such order must identify the local authority charged with the
Local Government
PRACTICE NOTES
This Practice Note outlines fact-finding (also called split) hearings in private children cases. It identifies the considerations in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, and in FPR 2010, PD 12J, which guide the court when deciding if a split hearing is necessary where domestic abuse is alleged, and the issues to be addressed if a fact-finding hearing is required.
It describes the court’s role at such a hearing and the approach taken when deciding whether an allegation is proved. Fact-finding hearings, or split trials, are scheduled within private law children proceedings so that oral evidence can be heard on disputed matters bearing on the child’s welfare. In reaching conclusions on the allegations, the court applies the balance of probabilities.
When will a fact-finding hearing take place?
A fact-finding hearing is not warranted in every private law children case. Before the court lists one, there must
Family
PRACTICE NOTES
Practice Note
This Practice Note offers local authorities best practice guidance for accommodating children by voluntary agreement under section 20 of the Children Act 1989 (ChA 1989). It sets out the essentials of a section 20 arrangement and underscores the particular need to prevent drift and delay when making decisions about a child’s long‑term care. It further examines whether claims for damages under the Human Rights Act 1998 (HRA 1998), founded on an alleged breach of Article 8 of the European Convention on Human Rights (ECHR), are capable of being sustained. The information provided in this Practice Note concerns the current law in England. The Welsh framework in this field is contained in the Social Services and Well‑being (Wales) Act 2014 and related statutory instruments. For further detailed reading on the Welsh position, see Practice Note: Local authority powers and duties to provide
Local Government
PRACTICE NOTES
This Practice Note sets out the ‘staying put’ provisions in section 23CZA of the Children Act 1989 (ChA 1989).
Purpose of the arrangement
Eligibility requirements
How arrangements should be formalised
Duties of the local authority
Implications of ongoing care for the foster carer
What is the purpose of a staying put arrangement?
The ‘staying put’ scheme in ChA 1989, s 23CZA provides a statutory route for a young person to continue living with their foster family for up to three years after their 18th birthday. Its purpose is to ensure care leavers have the same type of security and support as their peers. Although an 18-year-old is an adult in law, many young people do not yet have the financial independence or emotional maturity to move out on their 18th birthday and establish an independent life. Many young adults still need emotional, practical and financial support from their families while they
Local Government
Q&As
Section 12(2A) of the Children Act 1989 (ChA 1989)
Inserted by paragraph 21(4) of Schedule 2, Part 1 of the Children and Families Act 2014 (CFA 2014), Section 12(2A) of the Children Act 1989 (ChA 1989) came into force on 22 April 2014. This statutory amendment to ChA 1989, s 12 expressly empowers the court to confer parental responsibility on an individual who is neither a parent nor a guardian of the child, but who is identified in a relevant child arrangements order (CAO) as a person with whom the child spends time or otherwise has contact. Any parental responsibility granted under ChA 1989, s 12(2A) endures only for as long as the corresponding CAO currently remains operative. Although the provision has been operative for more than two years, there seem to be no reported cases that consider ChA 1989, s 12(2A)...
Family
Q&As
When a baby is born, the birth must be registered, and the surname entered at that time is intended to be the name by which the child is known. If a parent later wishes to change the child’s surname, they should first consult any other person who holds parental responsibility before any step is taken. This applies irrespective of the existence of a child arrangements order, and regardless of whether that person has contact with the child (Re PC (Change of Surname)). Where there is disagreement, the matter must be placed before the court for a determination. A contested change of surname must not be made unilaterally (Dawson v Wearmouth). Altering a name is a significant matter and should not be approached lightly. In deciding whether to grant leave, the court is guided by the welfare principle in section 1(1) of the
Family
Q&As
Under the Housing Act 1985 (HA 1985), tenants and leaseholders may make improvements to their homes, provided they secure the landlord’s consent in advance of commencing any repairs, and that they observe and comply with certain specified applicable relevant conditions. The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) entitles secure tenants of local authorities to seek compensation, at the close of their tenancy, for improvements they have lawfully undertaken and completed. Housing Corporation Circular HC33/94 widened the LRHUDA 1993 scheme to include tenants of registered social landlords, for example, housing association tenants, bringing them within scope...
Property
Q&As
When a property is held by a husband and wife as joint tenants, each is regarded as owning the entirety of the property, and if one dies the surviving joint tenant continues to hold ownership of the whole property. Under this form of ownership, it is simply not possible for either the husband or the wife to leave a ‘share’ in the property to any third party...
Family
Q&As
For the purposes of the Gambling Act 2005 (GA 2005)
Under GA 2005, s 3, gambling encompasses ‘gaming’, ‘betting’ and taking part in a ‘lottery’. ‘Gaming’ is defined in GA 2005, s 6 as playing a game of chance for a prize under that provision. A game of chance covers the following:
a game that contains both an element of chance and an element of skill,
a game where the element of chance can be eliminated by superlative skill, and
a game presented as involving an element of chance,
but it does not include a sport. There must be some element of chance and the prospect of winning a ‘prize’ for the activity to qualify. The Q&A does not indicate the setting in which the mystery box of prizes is being offered to participants. If the prize is to be obtained by taking part in a game of chance as
TMT
Q&As
A pension sharing order
A pension sharing order enables one party to obtain, in their own name and in their own right, benefits directly debited from the other party’s pension scheme, and secures a clean break between the parties regarding pensions. Sections 11 and 12 of the Welfare Reform and Pensions Act 1999 (WRPA 1999) state that pension rights under approved pension schemes do not vest in a trustee in bankruptcy, provided the bankruptcy petition was presented on or after 29 May 2000 under the legislation. Consequently, if the individual holding the pension to be shared is made bankrupt, the court’s authority to make a pension sharing order should remain unaffected in law...
Family
Q&As
Personal service of a divorce petition
It is inferred that this Q&A concerns personal service of a divorce petition, given the mention of the ‘petitioner’. As a starting point, a divorce petition is commonly served on the respondent by first class post. That said, Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 6.4 permits service of a divorce petition by other means, namely:
personal service pursuant to FPR 2010, SI 2010/2955, 6.7
alternative service providing delivery on the next business day under FPR 2010, PD 6A
where FPR 2010, SI 2010/2955, 6.11 applies (the respondent has a solicitor acting and the applicant has written notice that the solicitor is instructed to accept service of the application), service via document exchange (DX)
See Practice Note: Service of applications for matrimonial and civil partnership orders within the
Family
Q&As
The young person is now past 18, has finished secondary schooling and is moving on to higher education. The prior maintenance arrangement has now ceased, and the child intends to seek financial provision under Schedule 1 of the Children Act 1989 (ChA 1989) by making their application. Under ChA 1989, Sch 1, a parent, guardian, or special guardian of a child, or any person in whose favour a residence order is in force with respect of a child, may apply for a range of orders for the benefit of a child as provided under Sch 1...
Family
Q&As
Possession claims following the standard procedure
Possession claims brought via the standard route (as opposed to the accelerated route) permit a landlord, under CPR PD 55A, para 1.7, to add a further claim within the possession action for rent arrears or damages. One claim form may cover every head of claim, and both the rent arrears element and the possession claim can be determined together in the same proceedings. However, where the landlord opts for the accelerated route for possession, the claim must be limited to possession alone and cannot include any additional relief, such as rent arrears or damages, in accordance with CPR 55.12...
Property Disputes
Q&As
Under section 55A of the Family Law Act 1986 (FLA 1986), a party can apply to either the Family Court or the High Court for a declaration determining whether a person named in the application is, or was, the parent of another individual in question. The court’s authority depends on domicile or habitual residence in England and Wales, as set out in FLA 1986, s 55A(2). Where the application is successful, and a declaration of parentage is granted by the court, it shall give notice to the Registrar General (FLA 1986, s 55A(7))...
Family
Q&As
If the court issues a child arrangements order under section 8 of the Children Act 1989 (ChA 1989) directing that a child is to reside with someone other than a parent or guardian, that individual acquires parental responsibility for the child for as long as the order is operative, insofar as it provides for the child to live with them (ChA 1989, s 12(2)). That individual continues to hold parental responsibility under that provision for as long as the provision requiring the child to live with them still remains effective...
Family
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