The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2001

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Family Proceedings Courts (Children Act 1989) Rules 1991 following the establishment of the Children and Family Court Advisory and Support Service (‘CAFCASS’) by the Criminal Justice and Court Services Act 2000 (c. 43). The term ‘guardian ad litem’ is replaced in proceedings under Children Act 1989 (c. 41) by ‘children’s guardian’, and in proceedings for a parental order under section 30 of the Human Fertilisation and Embryology Act 1990 (c. 37) by ‘parental order reporter’. An officer of the service who is appointed under section 7(1)(a) of the Children Act 1989 (c. 41) is called a ‘children and family reporter’. A person appointed by a local authority under section 7(1)(b) of that Act will continue to be known as a welfare officer.

The Rules permit more than one children’s guardian to be appointed if the court considers it appropriate. They set out clearly the powers and duties of officers of the service. The provisions relating to disclosure of documents have been amended to facilitate inspection of CAFCASS and also to allow disclosure where this would assist an officer of the service to perform any of his functions. They also permit disclosure within CAFCASS save where a conflict of interest arises and disclosure without the leave of the court to an expert whose instruction by a party has been authorised by the court.