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]
- 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]
- 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.
- 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: [ **]
- 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 [ ]
- 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].
- 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.
- 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]
- 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.
- 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 | ||
- 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 | |||