What do court orders look like?

The Case Management Order

Here is the template for the new Case Management Order.

This is the order made at the Case Management Hearing which should happen in the first two weeks after the LA makes an application to the court for a care or supervision order.

You may be interested in this post about interim care orders which explains the different stages in care proceedings.

You can see it is quite complicated but not everything in this order will apply to every case; some are more complicated than others.  Your case may not require an expert for example, so paragraph 16 wouldn’t be relevant. If cases are very complex, you may need additional Case Management Hearings, but the court will be keen to limit this in order to try to get cases completed within 26 weeks.

 

Template for Order

In the Family Court sitting at [place]        [Case No          ]

[specify if Family Drug and Alcohol Court ]

 

The Children Act 1989

The Adoption and Children Act 2002

The Family Law Act 1996

[delete as appropriate]

 

THE CHILDREN

Please add a separate sheet if more than 4 children

Child [name]; gender [male/female]; d.o.b [DD/MM/YYYY]

 

 [DRAFT] Case Management Order no [sequential number in these proceedings][insert date]

1. THE PARTIES

The applicant local authority is [name]

The first respondent (mother) is [name]

The second respondent (father/father of ……………………………) is [name]

The third respondent(s) is/are (the children) by their children’s guardian [name]

[The first intervenor is[state relationship to child(ren) or other party] is [name]]

 

2 THE CHILD(REN) ARE LIVING WITH

[Name(s)       ][**Placement]

[use appropriate code for each placement]

[list children separately if different placements]

 

3. THE REPRESENTATIVES AT THIS HEARING

The parties are represented as follows

a) The applicant is represented by [name of counsel/solicitor/advocate], their contact details being [telephone and email address].

b) The 1st respondent is represented by [name of counsel/solicitor/advocate], their contact details being [telephone and email address].

c) The 2nd respondent is represented by [name of counsel/solicitor/advocate], their contact details being [telephone and email address].

d) The 3rd respondent is represented by [name of counsel/solicitor/advocate], their contact details being [telephone and email address].

e) Other [specify] is represented by [name of counsel/solicitor/advocate], their contact details being [telephone and email address].

And the following parties are in person

[name], their contact details being [contact details].

The identity of the children and those named in paragraphs 1 and 2 are not to be disclosed in public without the permission of the court.

 

4.  ALLOCATION

The proceedings are today/continue to be allocated to Mr(s) Justice [name]/HHJ [sitting as a s.9 judge][name]/District Judge [name] /AJC [name]

 

  1. THE APPLICATION(S)

a) The local authority has applied for a care order/supervision order/other Part 4 order [specify] today/on date]

b)[other applications]

c)The [state party] has applied for [                  ] [today/on date]

 

  1. JURISDICTION

The court is satisfied that it has jurisdiction in relation to the child/ren [give reasons, eg. based on habitual residence]

[or]

(a)   There is an issue as to jurisdiction in respect of the children and consideration needs to be given to this issue [and the application of Council Regulation (EC) No 2201/2003 (Brussels 2 Revised)] to these proceedings by the parties as a matter of urgency; and

(b)   The local authority shall liaise with the [identify country] consular authority in England and Wales or other competent authority in [name of foreign state] in relation to the proceedings or make a request to the Central Authority of [identify country] for such information as may be relevant to determine issues of jurisdiction.

 

  1. TODAY’S HEARING

a). Today’s case was listed for: [                   **]

b). Today’s hearing has been [tick one]

o         EFFECTIVE

o         CANCELLED-NOT TO BE RELISTED

o         RE-LISTED AND DELAYED The main reason why the hearing has been re-listed and delayed is: [                      **]

o         ADJOURNED The main reason why the hearing has been adjourned is: [    **]

 

  1. THE TIMETABLE FOR THE PROCEEDINGS

[see in the matter of Re S a Child 16th April 2014]

The timetable for the proceedings is 26 weeks

[or]

The proceedings cannot be completed within 26 weeks, but are to be completed within [    ] weeks or by [date] for the following reason [tick one]

o         (i) It is necessary to extend the timetable for the proceedings beyond 26 weeks in order to resolve the proceedings justly because: [specify reason, eg. very heavy cases involving the most complex medical evidence where a separate fact-finding hearing is directed, FDAC type case, cases with an international element where investigations or assessments have to be carried out abroad, cases where the parent’s disabilities require recourse to special assessments or measures.]

o       (ii) Despite robust and vigorous case management, the nature of the proceedings has changed and it is necessary to extend the timetable for the proceedings for one or more of the children in order to resolve the proceedings justly because: [specify reason, eg.

            cases proceeding on allegations of neglect or emotional harm where allegations of sexual abuse subsequently surface, cases which are unexpectedly ‘derailed’ because of the death, serious illness or imprisonment of the proposed carer, cases where a realistic alternative family carer emerges late in the day]

o         (iii)The progress of the case has been delayed because of the litigation failure on behalf of one or more of the parties and it is necessary to extend the timetable for the proceedings in order to resolve the proceedings justly because:[specify reason: ]

AND in each of the above cases, the impact on the welfare of the children of extending the proceedings is [state impact             ]

The next hearing is a [  **] on [date and time] at [ place                               ]

with a time estimate of [                     ]

 

  1.    TIMETABLE FOR THE CHILD(REN)

The key dates and events in the Timetable for the Child(ren) are:

Child [name]; Event/Permanent placement [specify]; Date [specify]

Child [name]; Event/Permanent placement [specify]; Date [specify]

Child [name]; Event/Permanent placement [specify]; Date [specify]

 

10. THRESHOLD See our post on threshold criteria

The s.31 threshold for the making of orders is agreed/in dispute/in dispute subject to concessions which have been made. [the threshold agreement/the threshold concessions is/are annexed to this order].

 

  1. THE KEY ISSUES IN THE CASE ARE:

a)[e.g. What significant harm has the child suffered or been at risk of suffering?]

b)[e.g. What are the identified welfare needs of the child?]

c)[e.g. Does either the mother or the father have the capability to meet the child’s needs?]

d)[       other                ]

 

 

12. THE PARTIES’ POSITIONS:

a) [e.g. The local authority has concluded ………….]

b) [e.g. The mother disputes…………..]

c) [e.g. The father has now…………]

d) [e.g. The children’s guardian supports the ……..]

 

13. IDENTIFICATION OF PERSON(S) TO BE ASSESSED AS POTENTIAL ALTERNATIVE CARER(S)

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 [name(s)]

c)The person(s) identified by the father are [name(s)]

d) [other]                                                         [name(s)]

 

14. EVIDENCE

After reading the materials filed, which are described in an index/record of hearing

 

THE COURT ORDERS

You will put in here any particular orders about people providing statements or other evidence.  

 

  1. In the interim, [Name of child/ren] is/are placed in the care of /under the supervision of [name of local authority] until the finalisation of the proceedings or further order.

 

16. EXPERTS

a) An application [was][was not] today made for the instruction of an expert. and the application [was][was not] granted.

b) The type of expert whose instruction was [allowed][refused] by the court [is** ]

c) The date by which the report is due is:

d) The report of an expert is necessary to assist the court to resolve the proceedings because [specify reason] and the impact on the welfare of the child is [describe impact]                                  ]

[Repeat if more than one expert]

 

  1. OTHER ORDERS

[for example:]

Reallocation

Joinder of additional party/ies

Assessment of others

Consideration of how the child(ren)’s views should be communicated to the court

Special measures/interpreters/intermediaries

Disclosure

Paternity/drug/alcohol testing

Timetable for evidence to be filed including the care plan

Further case analysis

Directions for proposed concurrent placement order proceedings

Disclosure to the Independent Reviewing Officer

Making Interim Care Orders and their duration

Contact

Advocates’ meetings and preparation for the next hearing

Bundles

[use standard clauses where available locally and put directions in chronological order]

 

18. COMPLIANCE

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.

 

  1. Any application to vary this order or for any other order is to be made to the allocated judge on notice to all parties.

 

20. All parties must immediately inform the allocated judge and the court if any party or person fails to comply with any part of this order.

 

21. CASE OUTCOME [to be completed only if proceedings are finally disposed of at a Case Management/Issues Resolution Hearing]

A [set out type of order]was made today in respect of[name of child          ]

 

Court address: for filing/communication

 

 

1. Type of Placement [for paragraph 2]

Type of Placement for children
Not removed– At home
Not removed– In RPaCA placement (a residential assessment with parent)
Not removed– In community placement
Removed- To kinship placement
Removed- To foster care
Removed- To potential adoptive placement
Reunification- Assessment placement with parent
Reunification- Assessment placement with kinship placement
Complex needs- In a specialist placement including hospital

 

 

2. Type of Hearing [for paragraph 7 and paragraph 8]

PLO Stage
Urgent Case Management Hearing
Case Management Hearing (CMH) Other – Fact Finding
Further Case Management Hearing (FCMH) Other – Directions not part of PLO
Issues Resolution Hearing (IRH) Other – Contested Interim Care Hearing
Final Hearing (FH) Other – s38(6))

 

 

3. Reasons for Adjournment [for paragraph 7]

Please list the ONE reason which best explains why the hearing has been adjourned.

                                               Reason for Adjourned Hearing
Local Authority LA1 – No/poor pre-proceedings preparation by LA, other than social work assessment of the family

LA2 – No friends/family identified before the hearing by LA

LA3 – No/poor kinship assessments by LA
LA4 – No expert instructed by LA
LA5 – No/poor/late 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 – No/poor/late/new/care plan
LA9 – Placement order proceedings delay
LA10 – No/poor placement evidence by LA
LA11 – No threshold set out in the application form

CAFCASS

.

CA1 – CAFCASS not allocated/present

CA2 – No/poor CAFCASS analysis
Other Parties LW1 – Lawyers not instructed, present or ready, party or witness fails to attend
LW2 – No key issue analysis
LW3 – No/poor parental evidence or parental non-compliance
HMCTS HM1 – No courtroom available
HM2 – No special measures
HM3 – Interpreter or intermediary not available
Judiciary JU1 – Lack of judicial continuity
JU2 – Insufficient time listed  to complete hearing
LAA LS1 – Prior authority from LAA not available
LS2 – Other legal aid
 problem
Official Solicitor OS1 – Official Solicitor not instructed/ready
Experts EX1 – Late expert report/assessment/ Poor expert report/assessment
EX2 – New expert report/assessment required following a change in circumstances
Health HE1 – No/poor medical records etc from other agency
Crime CR1 – Police/CPS disclosure/documents incomplete/not available
Other OT1 – Case reallocated or moved to a different  judge at a different location
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

 

 

  1. Instruction of Expert [for paragraph 16]

Please list all that apply.

 

Expert Code 
A – Paediatrician E – Multi-Disciplinary Assessment Psychological ReportJ1 – Clinical – Child(ren) onlyJ2 – Educational – Child(ren) onlyJ3 – Parent(s) only

J4 – Parent(s) and Child(ren)

B – Paediatric Radiologist F – Independent Social Worker
C – Other Medical Report G  – Paediatrician (now removed)
Family Centre Assessment (Parenting Skills):D1 – ResidentialD2 –Non-Residential Psychiatric Report:H1 – Parent(s) aloneH2 – Child(ren) and Parent(s) / carer(s)H3 – Psychiatric Report – Child(ren) alone
K – Other Expert Report

 

 

 

 

 

 

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