Updated information in connection with the protocol for judicial case management in public law Children Act cases

This guidance includes details of how the courts will deal with appointments of solicitors where the Children and Family Court Advisory Support Service (CAFCASS) is unable to allocate a children's guardian at the outset of the case.

The protocol came into force on 1 November 2003 for all applications issued by local authorities under part IV (care and supervision) of the Children Act 1989 where the application is issued on or after 1 November 2003.

It applies where procee-dings are transferred on or after 1 November 2003 from a Family Proceedings Court, or a County Court to a care centre, or from a care centre to the High Court.

The Web site for the protocol and all documents relating to it is www.courtservice.gov.uk/cms/8321.htm.

It is intended that the care centre plans and standard variable directions will be available here.

The Web site will also be able to host Family Proceedings Court plans.

It is strongly recommended that practitioners approach relevant courts for copies of the care centre and Family Proceedings Court plans to examine how matters will be dealt with in the particular court.

The Law Society still has some copies of the protocol.

Contact Ashmita Shah, tel: 020 7320 5760, or e-mail: ashmita.shah@lawsociety.org.uk.

Notification of errata

Errata in the text of the printed version of the protocol (corrected in the Web site version) are:

- Page 8, step 1.4, final bullet, 'notify all parties on form C46' - should read 'notify all parties on form C47';

- Page 16, step 3.3, penultimate bullet, 'notify all parties on form C46' - should read 'notify all parties on form C47';

- Page 43, question 4, '...appointed in form C46' - should read '...appointed in form C47';

- Page 75, para 12, '...

subsequent discussion A timescale' - should read 'subsequent discussion A timescale...';

- Page 75, right-hand column, 'by day 42 or within 15 days' - should read 'by day 42 or within 35 days ...'.

Sourcing forms

The protocol introduces several new forms (found in appendix A): A/I, standard directions form; A/2, case management questionnaire; A/3, case management checklist; A/4, witness non-availability; A/5, pre-hearing review checklist.

The forms are available in PDF format at www.courtservice.

gov.uk/cms/8321.htm.

Supplies of forms A/2 and A/4 should be available from the courts.

Standard variable directions (SVDs) to support the protocol should be used in drawing orders in care and supervision cases in the Family Proceedings, County and High Courts.

It is recognised that practice use will inform in due course changes that may be required/ recommended to improve the wording.

One of the key features of the SVDs is that they are not written in tablets of stone and are intended to be variable to meet particular needs and circumstances that might be identified, but they should broadly suffice to meet the needs and requirements of most cases.

It will be possible for judges and practitioners to 'self build' orders and incorporate some changes if the particular needs of a case demand variation.

The SVDs will be made available by the Court Service in printed form and also electronically via the Court Service Web site.

In the meantime, copies of the documentation available at the time of writing are posted in the family law specialism section at www.lawsociety.org.uk.

The documentation comprises the SVDs and the tick box forms, which it is intended should be used by the judiciary and practitioners to identify the relevant SVD paragraphs.

The relevant SVD paragraphs will be required in respect of orders and directions for allocation hearings, case management conferences, experts and assessments, and miscellaneous areas such as adoption, administrative and final hearings.

Also included in the documentation is the entire index tick box template.

It is proposed that at each hearing the relevant tick box forms will be available for completion by the court.

There will be copies available at court for advocates to complete although there is an expectation that as time progresses practitioners will attend and be able to present an appropriately completed form agreed between the parties or indicating what is being sought for consideration and perusal by the judge.

If advocates attend with a completed draft order for approval by the court, it will be important to identify on the draft the SVD letter/number reference applicable to each paragraph of the order to facilitate the drawing of the order for sealing and service.

Public funding issues

The pack to accompany the protocol prepared by the Legal Services Commission is available at www.legalservices.gov.uk.

Statement of good practice in the appointment of solicitors for children where it falls to the court to do so in specified proceedings.

A statement of good practice prepared by a sub-committee of the Lord Chancellor's advisory committee on judicial case management in public law Children Act cases is available in the family law specialism section at www.lawsociety.org.uk.

At the time of writing, the Department for Constitutional Affairs is seeking the Lord Chancellor's approval of the statement.

There is a need for a more consistent and transparent procedure in the appointment of solicitors for children where no guardian is allocated.

The statement has been agreed on the basis that it is the most acceptable interim position, and delays in the allocation of children's guardians should not be accepted as the permanent state of affairs.

The statement will be kept under review, particularly in light of developments on availability of children's guardians.

In any event, the Law Society is looking at other criteria for defining suitability to act in cases where no children's guardian is available.

Law Society children panel members have been sent a more detailed letter by the Society on this issue and will be informed of the timetable for adoption of the statement.

A revised Law Society guidance note dated October 2003 on acting in the absence of a children's guardian is available in the family saw specialism section at www.lawsociety.org.uk.

The Law Society's children law sub-committee will be seeking to monitor the operation of the protocol (including as to the appointment of solicitors) in practice.

Send feedback to Rachel Rogers in the Law Reform Team, the Law Society, 113 Chancery Lane, London WC2A 1PL