The Family Proceedings Courts (Children Act 1989) Rules 1991

Explanatory Note

(This note is not part of the Rules)

These Rules are made as a consequence of the passing of the Children Act 1989 (c. 41) and set out the procedures to be followed in family proceedings courts in public and private law proceedings in which any question with respect to a child arises.

Rule 4 replaces the complaint and summons procedure by which proceedings related to children were formerly brought, by a procedure for instituting such proceedings by the making of an application, endorsed by the justices' clerk and returned to the applicant to be served by him, in accordance with rule 8, on the respondents who are listed in the third column of Schedule 2 to the rules. In addition, the applicant is required to give written notice to the persons listed in the fourth column of Schedule 2 to the rules in relation to the proceedings in question. Rule 4 also provides that certain applications may, with leave of the justices' clerk, be made ex parte.

Rule 6 provides a procedure for transferring the proceedings to another family proceedings court or to a county court in accordance with any Order made by the Lord Chancellor under Part I of Schedule 11 to the Act of 1989.

Rule 10 requires the justices' clerk or the court, in specified proceedings, to consider whether to appoint a guardian ad litem and rule 11 provides for the powers and duties of any guardian ad litem appointed. Rule 12 provides for the duties of a solicitor appointed by the court or by the guardian ad litem.

Rule 14 introduces a new type of preliminary hearing known as a “directions appointment” which may be held at any time during the proceedings, by the justices' clerk, a single justice or the full court with a view to issuing directions on the conduct of the proceedings. Rule 16 makes attendance by parties at directions appointments mandatory.

Rule 17 requires a party to file and serve on other parties written statements of the oral evidence which that party intends to adduce, and copies of any documents upon which the party intends to rely, at a hearing or directions appointment.

Rules 22 to 33 deal with miscellaneous matters such as appeals to family proceedings courts against decisions of local authorities and the delegation by justices' clerks of responsibilities imposed upon them under the rules.

Schedule 1 to the rules contains the forms of application and order which are prescribed by the rules. Schedule 2 contains a list of respondents and notice requirements for particular proceedings. Schedule 3 makes consequential and minor amendments to the Justices' Clerks Rules 1970.

Nothing in these Rules affects proceedings which are pending (within the meaning of paragraph 1 of Schedule 14 to the Act of 1989) immediately before these Rules come into force. These Rules come into force on 14th October 1991.