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SEE NOTES AT END OF THIS TEMPLATE ON
COMPLETING THIS DOCUMENTCASE NUMBER: XXXXXX
IN THE COUNTY COURT SITTING IN LIVERPOOL
IN THE FAMILY PROCEEDINGS COURT SITTING IN LIVERPOOL
IN THE MATTER OF:
THE CHILDREN ACT 1989
THE ADOPTION AND CHILDREN ACT 2002
THE FAMILY LAW ACT 19961
The Children:
Name Gender DOB Placement
XXXXXXX Boy/Girl DOB XXXXXX2
XXXXXXX Boy/Girl DOB XXXXXX
XXXXXXX Boy/Girl DOB XXXXXX
XXXXXXX Boy/Girl DOB XXXXXX
[DRAFT] CASE MANAGEMENT ORDER NUMBER 1 / 2 / 3 / 4
1 Delete as relevant2 Type the number relevant below under Placement above.
Type of Placement for children
1. Not removed– At home
2. Not removed– In RPaCA placement (a residential assessment with parent)
3. Not removed– In community placement
4. Removed- To kinship placement
5. Removed- To foster care
6. Removed- To potential adoptive placement
7. Reunification- Assessment placement with parent
8. Reunification- Assessment placement with kinship placement
9. Complex needs- In a specialist placement including hospital
1
Before HHJ XXX / District Judge XXXXX / The Family Proceedings Court
Sitting in private / open court
On XX day of XX 20XX
After reading the materials filed, which are described on the Court Bundle Index.
1. The Parties:
a. The applicant local authority is XXXXX
b. The first respondent (mother) is XXXXX
c. The second respondent (father / father of XXX) is XXXXXX
d. The third respondent child(ren) is / are ( XXXXXX ) by their
children’s guardian XXXXXX
e. The first intervener (RELATIONSHIP TO CHILDREN) is XXXXX
f. The second intervener (RELATIONSHIP TO CHILDREN) is
XXXXX
2. Representation:
a. The parties are represented as follows:
i. The applicant local authority is represented by XXXXXXX
whose contact details are: XXXXXXX3
ii. The first respondent mother is represented by XXXXXXXXX
whose contact details are: XXXXXXXX
iii. The second respondent father is represented by XXXXXXX
whose contact details are: XXXXXXXXXX
iv. The third respondent child(ren) are represented by XXXXXXX
whose contact details are:
b. The following people appeared in person:
i. XXXXXXXX whose contact details are XXXXXXXXX
ii. XXXXXXXX whose contact details are XXXXXXXXX
3 Email address and/or telephone number
2
The names set out in paragraph 1 are not to be disclosed in public without
the permission of the court.
3. Allocation:
a. The proceedings are allocated to / continue to be allocated to HHJ
XXXXXXXX.
4. The Applications(s):
a. The local authority The local authority has applied for a care
order/supervision order/other Part 4 order [specify] today/on date]
b. [Any other applications?]
c. XXXXXXXX has applied for [ ] [today/on date]
5. Today’s Hearing:
a. Today the case was listed for XXXXXXX4;
b. Today the hearing has been effective / cancelled / adjourned / re-listed.
c. The primary reason for the case being adjourned or re-listed is
XXXXX [SEE TABLE AT ENDNOTE i ]
6. The Timetable for the Proceedings:
a. The Timetable for the proceedings is 26 weeks from the date of issue
of the application. The Court will expect the case to be concluded by
XXXXXXX.
b. The proceedings cannot be completed within 26 weeks, but are to be
completed within XXXX weeks, by XXXXXXX
4 PLO Stage – Please put full name and code in bracketsCase management Hearing (CMH) Other - Fact FindingFurther Case Management Hearing (FCMH) Other - Directions ReviewIssues Resolution Hearing (IRH) Other - Interim Care HearingFinal Hearing (FH) Other - s38(6))
3
c. The timetable for the proceedings for one or more of the children has
changed at this hearing for the following reasons:
i. A period of longer than 26 weeks is required in order to resolve
the proceedings justly because XXXXXXX
ii. the timetable for the child/children require that a period of
longer than 26 weeks is required because XXXXXXXX
iii. The proceedings are delayed because XXXXXX
d. The next hearing is a XXXXX. It will take place on XXXXX at
XXXX am/pm. The parties and legal representatives shall attend by
XXXXXXXX am/pm.
e. There shall be an Advocates’ Meeting on XXXXXXX at XXXXX
am/pm at XXXXXXXXX.
f. At the IRH the Court will consider:
i. the extent to which the key issues can be resolved or narrowed
at the IRH by hearing evidence or otherwise;
ii. whether the IRH can be used as a final hearing;
iii. what evidence is necessary to determine the issues which
require resolution at the final hearing; and
iv. such further case management directions as may be required so
that the matter can proceed to a final hearing.
7. The Timetable for the Child(ren):
a. The key dates and events in the timetable for the child(ren) are:
i. On XXXXX the child XXXXX will start secondary school.
ii. On XXXXX the child XXXXX will move placement to
XXXXX.
8. The Threshold:
a. The section 31 threshold with respect to making orders in this case is
agreed as set out in XXXXXX
b. The section 31 threshold is agreed with respect to the following
matters:
4
c. The section 31 threshold is in dispute.
9. The Key Issues in the Case Are:
a. XXXXXXXX
b. XXXXXXXX
c. XXXXXXXX
10. The Parties Positions are:
a. XXXXXXX
b. XXXXXXX
11. Identification of people to be assessed as potential cares for the child(ren):
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 XXXXXX.
c. The person(s) identified by the father are XXXXXX.
THE COURT ORDERS
12. Experts:
a. An application was / was not today made for the instruction of an
expert.
b. The application was not / was granted.
c. The type of expert whose instruction was allowed / refused by the
court is XXXXXXii
d. The Court gives leave for the instruction of an expert on the following
basis:
i. The name of the expert is: XXXXXXXXX
5
ii. The date by which the report is due is: XXXXXX
iii. The report of an expert is necessary to assist the court to
resolve the proceedings because:
1. XXXXXX
2. XXXXXX
iv. The costs of the report shall be shared equally between the
parties and shall be a proper and necessary charge on the LAA
funding certificates of XXXXXXXXX;
v. The solicitor for the child shall agree, file and serve a letter of
instruction by no later than XXXXXX and the questions the
Court requires the expert to consider are: [EXAMPLE GIVEN
FOR ADULT PSYCHOLOGIST]:
1. The insight of the XXXXXX into and acceptance of the
issues identified;
2. The psychological profiles of the XXXXXXX
particularly having regard to their past parenting
history;
3. The capacity of the XXXXX to change and sustain any
change;
4. What therapy and/or parenting programmes are required
to change and/or to sustain change (and what is the time
scale for such programmes and the timescale to assess
change);
5. What is the relationship dynamic between XXXXXX
and XXXX; and
6. Any other matters relevant to the welfare of the
child(ren) and the issues to be determined by the Court.
e. A further application was / was not today made for the instruction of
an expert.
f. The application was not / was granted.
g. The type of expert whose instruction was allowed / refused by the
court is XXXXXX [DELETE IF NECESSARY OR COPY AND
PASTE (d) ABOVE AS RELEVANT]
6
13. Other Orders:
Alternative Carer Assessments:
a. The local authority shall file and serve viability assessments of the
nominated relative carers (who are XXXXX) by no later than 4pm on
XXXXXXXXXX. Such viability assessments shall detail the
assessment of the local authority with respect to the following matters:
i. Whether the relative carer is likely to be approved as a foster
carer for one or more the children (and in the event that they
are not, setting out the specific reasons why not);
ii. Whether the local authority considers the relative is likely to be
able to provide appropriate long-term care for one or more of
the children pursuant to residence order(s) or Special
Guardianship Order(s).
b. With respect to the viability assessment of relative carers the following
directions shall apply:
i. The local authority shall disclose a copy of the same to the
subject(s) of the assessment;
ii. The local authority shall at the same time write to the subject of
the assessment indicating that:
1. The Court has ordered that in the event that they
disagree with the conclusions of the assessment and
wish to challenge the same in Court, they must seek
legal advice and make any applications they intend to
make with respect to further assessments and/or party
status by no later than 21 days from the date on which
they received a copy of the assessment;
2. That failure to make any such applications within the
specified time limit may result in the Court refusing any
applications for further assessment by reason of the
7
delay that will be caused in the proceedings and for the
child(ren).
iii. In the event that the viability assessment is positive, the local
authority shall proceed to carry out the relevant full assessment
of the subject person on or before XXXXXXXX. In the event
that undertaking such full assessment (including any necessary
approval by panel) will require the altering of the timetable
(and such alteration cannot be agreed between the parties and
the Court administratively) or imperil the completion of the
case in accordance with the timetable the local authority shall
return the matter to court on notice to the other parties.
Contact Records:
c. The local authority shall file on the other parties paginated copies of
the records of contact between the parents and the child(ren) on a
rolling basis so as to ensure the records are complete and up to date no
less than 7 days before the Advocates’ meeting prior to the IRH. The
records shall not be included in the Court bundle unless specifically
requested by a party at the advocates’ meeting. The Court requires the
parties to consider at the advocates’ meeting whether it is possible to
agree (a) a schedule of contact attended/missed and (b) an agreed
statement as to the quality of contact as represented by the contact
records as opposed to the inclusion of the complete contact records.
Medical Records:
d. The solicitor for the XXXXXXXXX shall (in accordance with the
Local Practice Direction on the obtaining of medical records) obtain,
file and serve a paginated copy of the XXXXXX’s medical (GP and
Hospital) records by no later than XXXXXXX. The costs of the same
shall be a proper and necessary charge on the XXXXXXX’s LAA
certificate. If the same are not provided by the due date consideration
8
shall be given to applying for a witness summons against the relevant
health authority/doctor.
Police Disclosure:
e. Pursuant to the Local Police Disclosure Protocol the Chief Constable
of XXXXX is requested to disclose to the local authority (for inclusion
in the Court bundle and serving on the other parties) any PNC
computer records, other logs and computer records, FWINS, domestic
violence logs, witness statements, interview records, ABE interviews
and other such material relating to the following individuals:
i. The mother [name, dob and address];
ii. The father [name, dob and address];
iii. XXXXXXXX [name, dob and address].
f. With respect to the police disclosure ordered above the following
provisions shall apply:
i. Disclosure is specifically requested with respect to the
following [insert known information about specific incident if
relevant];
ii. All parties shall comply with the police disclosure protocol;
iii. Liberty to apply on no less than 48 hours’ notice to the Court
and the other parties is given to the Chief Constable in the
event of any objection being raised to disclosure of the
information required by this Order;
Reports from Third Parties:
g. The parents do have leave to file and serve statements and/or reports
from third party agencies who have been providing support,
counselling, assistance or other such input to the parents on the
following basis:
9
i. The same shall detail (a) the nature of the organisation and the
qualifications/experience of the key provider(s) (b) the aims
and objectives of the support (c) the engagement of the parent
(d) progress and (e) plans for future involvement;
ii. The reasonable costs of obtaining any such report shall be a
proper and necessary charge on the relevant parent’s LAA
certificate; and
iii. The same shall be filed and served by no later than
XXXXXXXX.
h. The solicitors for XXXXXX shall file and serve a report/statement
from XXXXXXX on the following basis:
i. The same shall detail (a) the nature of the organisation and the
qualifications/experience of the key provider(s) (b) the aims
and objectives of the support (c) the engagement of the parent
(d) progress and (e) plans for future involvement;
ii. The reasonable costs of obtaining any such report shall be a
proper and necessary charge on the relevant parent’s LAA
certificate; and
iii. The same shall be filed and served by no later than
XXXXXXXX.
School/Nursery Reports:
i. The local authority shall file and serve school/nursery report(s) with
respect to the subject children that attend school/nursery on the
following basis:
i. The same shall be filed and served by XXXXXXXX;
ii. The same shall detail:
1. Attendance and punctuality;
2. Academic progress;
3. Presentation;
4. Parental engagement and co-operation;
10
5. Any behavioural issues noted or observed (exhibiting
any contemporaneous records);
6. Any welfare concerns regarding the child(ren) noted or
observed (exhibiting any contemporaneous records);
7. Any other matters relevant to the child’s welfare.
Health Visitor Evidence:
j. The local authority shall file and serve complete health visitor records
with respect to the relevant subject children. The same shall be filed
and served by XXXXXXXXX.
Immigration Information:
k. The Court requests that the Home Office (UK Borders Agency and
Identity and Passport Service) do provide the requested information set
out in the Form EX 660 annexed by no later than XXXXXXX in
accordance with the Communicating with the Home Office in Family
Proceedings Protocol set out in the President’s Guidance of March
2012 ([2012] Fam Law 46).
Drug Testing:
l. The XXXXXX’s solicitor shall obtain, file and serve by no later than
4pm on XXXXXXX hair strand drug testing on the following basis:
i. The same shall determine the use of illegal drugs by the mother
in the preceding XX months;
ii. The illegal drugs and their associated derivatives to be tested
for are:
1. Cannabis;
2. Cocaine;
3. Amphetamines;
4. Heroine; and
11
5. MDMA (Estacy).
iii. The same shall, as far as possible, be segmented by month;
iv. The same shall be a proper and necessary charge on the
XXXXXXX’s LAA funding certificate.
Alcohol Testing:
m. The XXXXXX’s solicitors shall obtain, file and serve alcohol testing
with respect to the mother on the following basis:
i. The testing shall be in the form of hair strand (Etg and FAEE)
and CDT blood testing;
ii. The testing shall be filed and served by no later than
XXXXXXXX;
iii. The costs of the testing shall be a proper and necessary charge
on the mother’s LAA funding certificate.
DNA Testing:
n. The Court directs pursuant to section 20 of the Family Law Reform
Act 1969 that the child shall be subject to a DNA test by an accredited
testing agency on the following basis:
i. The child to be tested is XXXXXX dob XXXXXX;
ii. It appears to the Court that XXXXXX has care and control of
the child pursuant to an interim care order;
iii. The adults to be tested are XXXXXXXX;
iv. The test shall determine whether XXXXXXX is the Father of
the child;
v. The lead solicitor in the conduct of the test shall be the solicitor
for XXXXXXX;
vi. The test shall be carried out and the results filed and as soon as
possible and no later than XXXXXXXX;
vii. The costs of the testing shall be a necessary and proper charge
on the LAA funding certificates of the XXXXXXXX.
12
Parenting Assessment:
o. The Local Authority shall undertake a full parenting assessment of the
XXXXXXX. The assessment shall deal with the issues identified and
recited in this order and assess the ability of the parents to provide safe
and secure parenting and show capacity to change and sustain change.
The assessment shall be filed and served on or before XXXXXXX.
Final Evidence:
p. The Local Authority shall file and serve the following evidence by no
later than XXXXXXXX:
i. A final social work statement (such to include an analysis of
the placement options for the child(ren) and a reasoned
recommendation as to the placement option that the local
authority considers in the best interests of the child(ren));
ii. Final Care Plan(s) for the relevant child(ren).
q. The parent(s) shall file and serve their final statement(s) of evidence by
no later than XXXXXXXXX.
r. The Children’s Guardian shall file and serve a final Case Analysis by
no later than XXXXXXXX.
Placement Order Directions:
s. The local authority shall ensure that it has sought and obtained from
its’ Agency Decision Maker a decision as to placing the child(ren) for
adoption by no later than XXXXXX (having ensured that all necessary
steps have been taken to enable such a decision to be made).
t. In the event that the Agency Decision Maker approves the making of
Placement Application(s) the local authority shall issue the relevant
13
application(s), together with Annex B Report and Statement of Facts,
by no later than XXXXXXX.
u. The following directions shall apply immediately upon the Local
Authority issuing an application for a Placement Order:
i. The child(ren) shall be made a party to the application;
ii. The mother and the father shall be made respondents to the
application;
iii. XXXXXXXX shall be appointed as the Child’s Solicitor;
iv. XXXXXXXX shall be appointed as the children’s Guardian;
v. The evidence in the care proceedings shall be admitted within
the application for a Placement Order and visa versa;
vi. The parent(s) shall file and serve statements in response to the
application(s) by no later than 4pm on XXXXXXXX;
vii. The Guardian shall file and serve a Case Analysis by no later
than XXXXXXX (such Analysis may be included in the same
document as is prepared for the care order application(s));
viii. The matter shall be listed for hearing on the same date and time
as the hearings listed with respect to the care application(s).
Disclosure of this Order:
v. There shall be leave to the parties to disclose a copy of this order
(redacted so as to remove any sections that are not relevant for the
purpose of the disclosure) to any third party from who disclosure of
information/reports/evidence is sought pursuant to this order.
w. The local authority shall ensure that the Independent Reviewing
Officer (NAME) receives a copy of this order within 5 days of the
same being approved by the Court.
Interim Care/Supervision Orders:
14
x. XXXXXXX, [child(ren)’s name(s)] shall be placed in the interim care
of the local authority until midnight on XXXXXXX. Thereafter the
Interim Care Orders shall be renewed on receipt of a written request
from the Local Authority confirming that all directions have been
complied with (or with particulars of any such failure), that there have
been no changes in circumstances and that no objection to the renewal
has been received from any of the other parties.
y. XXXXXXXX, [Child(ren)’s name(s)] shall be the subject of a
Supervision Order in favour of XXXXXXXXX. Thereafter the Interim
Supervision Orders shall be renewed on receipt of a written request
from the Local Authority confirming that all directions have been
complied with (or with particulars of any such failure), that there have
been no changes in circumstances and that no objection to the renewal
has been received from any of the other parties.
14. Case Outcome:
a. A XXXXX order was made today in respect of XXXXX child(ren)
b. XXXXXXX
15. Other:
a. 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.
b. Any application to vary this order or for any other order is to be made
to the allocated judge on notice to all parties.
16. Compliance with Directions:
a. All parties must immediately inform the Court/Court Officer
if any party or person fails to comply with any part of this order or in
15
the event that by reason of any other circumstance the timetable for the
case is put in jeopardy.
The Family Proceedings Court
HHJ/DJ XXXXXX
Dated the XXXX day of XXXX
16
i Reason for Adjourned Hearing – Please select one reason for the
adjournment that best describes the situation. Put the full reason and then the code for that reason in brackets.
Local Authority
LA1 - No/poor pre-proceedings preparation by LA, other than (core) social work assessment of the familyLA2 - No friends/family identified before the hearing by LALA3 - No/poor kinship assessments by LALA4 - No expert instructed by LALA5 - No/poor/late (core) social work assessment of the family by LALA6 - New social work report/assessment required following a change in circumstancesLA7 - No timetable for the childLA8 - New/alternative care planLA8 – No/poor/late/new/care planLA9 - Placement order proceedings delayLA10 - No/poor placement evidence by LALA11 - No threshold document
CAFCASS.
CA1 - CAFCASS not allocated/presentCA2 - No/poor CAFCASS analysis
Lawyers LW1 - Lawyers not instructed, present or ready, party or witness fail to attendLW2 - No key issue analysisLW3 - No/poor parental evidence
HMCTS HM1 - No courtroom availableHM2 - No special measuresHM3 - Interpreter not available
Judiciary JU1 - Lack of judicial continuityJU2 - Insufficient time listed or to complete hearing
LSC LS1 - Prior authority from LSC not availableLS2 - Other legal aid
Official Solicitor
OS1 - Official Solicitor not instructed/ready
Experts EX1 - Late expert report/assessment/ Poor expert report/assessmentEX2 – New expert report/assessment required following a change in circumstances
Health HE1 - No/poor medical records etc from other agencyCrime CR1 - Police disclosure/documents incomplete/not availableOther OT1 - Case transferred
OT2 - Need for an interim contested hearingOT3 - Other non compliance with directionsOT4 - Consolidation with other family proceedingsOT5 - Parallel proceedingsOT6 - New baby/pregnancyOT7 - New Party joinedOT8 - Immigration and international difficultiesOT9 - Severe weatherOT10 - Industrial action
ii Expert Code
PLEASE PUT FULL DISCIPLINE AND CODE IN BRACKETS
A – Paediatric E – Multi-Disciplinary
Assessment
Psychological Report
J1 – Clinical – Child(ren) only
J2 – Educational – Child(ren) only
J3 – Parent(s) only
J4 – Parent(s) and Child(ren)
B – Paediatric Radiologist F – Independent Social Worker
C – Other Medical Report G – Paediatrician
Family Centre Assessment
(Parenting Skills):
D1 – Residential
D2 –Non-Residential
Psychiatric Report:
H1 – Parent(s) alone
H2 – Child(ren) and Parent(s) /
carer(s)
H3 – Psychiatric Report –
Child(ren) alone
K – Other Expert Report
NOTES ON USING THIS TEMPLATE:
1. This template in in ‘Word’ Format. Save this template under the “Save As” function and make sure you select the “Template” from the drop down menu. You will then be able to open this template from ‘Word’ in “New from template”.
2. If you save the document as a template as set out above, you will then be given the option to save it as a normal document when you choose ‘save’ from the menu in Word and name it something different. This blank ‘Template’ version will still be available to open from the template menu.
3. Deleting a foot note or endnote number (eg 2 or ii ) in the main document will delete the relevant footnote or endnote itself, which should not remain on the order sent to the court.
4. XXXXXX indicates that details are to be completed.