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CASE NUMBER: BMXX
IN THE FAMILY COURT SITTING AT BIRMINGHAM
IN THE MATTER OF:
THE CHILDREN ACT 1989
THE ADOPTION AND CHILDREN ACT 2002
THE FAMILY LAW ACT 1996[1]
The Child(ren)
Name Gender Date of Birth
XXXX Boy/Girl
XXXX Boy/Girl
XXXX Boy/Girl
XXXX Boy/Girl
[DRAFT] CASE MANAGEMENT ORDER NUMBER 1 / 2 / 3 / 4
Before His/Her Honour Judge XXXX / District Judge XXXX / the Magistrates
Sitting in private / open court
On XX MONTH 201X
1. The Parties
a. The applicant local authority is XXXX.
b. The first respondent (mother) is XXXX.
c. The second respondent (father / father of XXXX) is XXXX.
d. The third (and fourth etc) respondent child(ren) is/are acting by his/her/their children’s guardian, XXXX.
e. The first intervener (the [RELATIONSHIP TO CHILD(REN)]) is XXXX.
f. The second intervener (the [RELATIONSHIP TO CHILD(REN)]) is XXXX.
2. Representation
a. The parties are represented as follows:
i. The applicant local authority by XXXX.
ii. The first respondent mother by XXXX.
iii. The second respondent father by XXXX.
iv. The third (and fourth etc) respondent child(ren) by XXXX.
b. The following people appeared in person:
i. XXXX whose contact details are XXXX.
ii. XXXX whose contact details are XXXX.
3. The Child(ren) is/are Living With
a. The child XXXX is living with XXXX (code[2]).
b. The child …
The name(s) of the child(ren) and of 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 allocated to / continue to be allocated to His/Her Honour Judge XXXX / District Judge XXXX / the Magistrates.
5. The Applications(s)
a. The local authority applied for a care order / supervision order on XXXX.
b. [Any other application].
c. XXXX applied for [ ] [today/on (date)].
6. Jurisdiction
a. The court is satisfied that it has jurisdiction in relation to the child(ren) [give reasons, e.g. based on habitual residence]; [and/or]
b. There is an issue as to jurisdiction in respect of the child(ren) 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
c. 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.
7. Today’s Hearing
a. Today the case was listed for XXXX[i].
b. Today the hearing has been effective / adjourned / re-listed.
c. The primary reason for the case being adjourned / re-listed is XXXX[ii].
8. The Timetable for the Proceedings
a. The case is in week number XXXX.
b. The date of issue is XXXX.
c. 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 XXXX.
d. The proceedings cannot be completed within 26 weeks, but are to be placed on a non-standard track and to be completed within XXXX weeks, by XXXX. [Specify reason if not dealt with in (e)]
e. The timetable for the proceedings for the child(ren) / one or more of the children has changed at this hearing to XXXX weeks for the following reasons:
i. It is necessary to extend the timetable for the proceedings beyond 26 weeks in order to resolve the proceedings justly because: [specify reason, e.g. very heavy case involving the most complex medical evidence where a separate fact-finding hearing is directed, FDAC type case, case with an international element where investigations or assessments have to be carried out abroad, case where the parent’s disabilities require recourse to special assessments or measures].
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 the child(ren) / one or more of the children in order to resolve the proceedings justly because: [specify reason, e.g. case proceeding on allegations of neglect or emotional harm where allegations of sexual abuse subsequently surface, case which has unexpectedly ‘derailed’ because of the death, serious illness or imprisonment of the proposed carer, case where a realistic alternative family carer emerges late in the day].
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: XXXX.
f. The next hearing is a XXXX. It will take place at the Birmingham Family Court, Birmingham Civil and Family Justice Centre, 33 Bull Street, Birmingham B4 6DR, at XXXX am/pm on XXXX. The parties and the legal representatives shall attend Court by XXXX am/pm.
g. There shall be an advocates’ meeting at XXXX am/pm on XXXX at XXXX. The solicitor for the child(ren) shall circulate an agenda 48 hours before the meeting and shall file and serve the minutes no less than 48 hours before the hearing.
h. At the issues resolution hearing (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 how long the evidence of each witness who is required to attend to give oral evidence will take; and
iv. Such further case management directions as may be required so that the matter can proceed to a final hearing.
9. The Timetable for the Child(ren)
The key dates and events in the timetable for the child(ren) are:
i. On XXXX the child XXXX will (e.g. start secondary school).
ii. On XXXX the child XXXX will (e.g. move placement to XXXX).
10. The Threshold
a. The section 31 threshold with respect to making orders in this case is agreed as set out in XXXX.
b. The section 31 threshold is disputed in respect of the following facts alleged:
c. The section 31 threshold is in dispute in respect of all the facts alleged.
d. By no later than 2pm on XXXX, the mother/father shall file and serve her/his response to the local authority’s threshold document. Failure to do so will / is likely to result in the threshold being deemed to be met.
11. The Key Issues in the Case
a. XXXX.
b. XXXX.
c. XXXX.
12. The Parties Positions
a. XXXX.
b. XXXX.
c. XXXX.
d. XXXX.
13. It is Further Recorded
a. XXXX.
b. XXXX.
14. Identification of people to be assessed as potential carers for the child(ren)
a. The parents/mother/father have identified all the family members whom 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(ren).
b. The person(s) identified by the mother are XXXX and their existing relationship and contact with the child(ren) is XXXX.
c. The person(s) identified by the father are XXXX and their existing relationship and contact with the child(ren) is XXXX.
d. In an order dated XXXX the parents/mother/father were ordered to identify all the family members whom they wish to be assessed and they have failed to do so.
15. Evidence
After reading the materials filed, which are described in an index, the Court made the order set out below.
THE COURT ORDERS
16. Experts
a. An application was made for the instruction of an expert by XXXX.
b. The position of each of the parties upon the application was XXXX.
c. The application was not / was granted.
d. The type of expert whose instruction was allowed / refused by the court is XXXX. [Insert code]
e. XXXX has leave for the instruction of an expert on the following basis:
i. The name of the expert is XXXX.
ii. By no later than 2pm on XXXX, the report is to be filed and served.
iii. The report of an expert is necessary to assist the court to resolve the proceedings because:
i) XXXX;
ii) XXXX.
iv. By no later than XXXX, the solicitor for the XXXX shall file and serve a letter of instruction setting out the questions agreed by the Court.
v. The costs of the report shall be shared equally between the parties and shall be a proper and necessary charge on the legal aid certificates of XXXX; or
vi. The costs of the report shall be borne by XXXX and XXXX equally[3]. The reasons for the Court apportioning the costs in this manner are:
i) The expert is not a single joint expert and has only been sought by XXXX; and/or
ii) The Court has determined that it is appropriate for the costs to be apportioned disproportionately because XXXX; and/or
iii) The Court has conducted a robust assessment of the means of XXXX and determined that this party cannot afford to contribute to the costs of the expert report. Having determined this, the Court considers that it would be contrary to the Article 6 and 8 rights of the XXXX for the expert evidence not to be obtained in the circumstances.
f. A further application was / was not made for the instruction of an expert.
g. The application was not / was granted.
h. The type of expert whose instruction was allowed / refused by the court is XXXX [DELETE IF NECESSARY OR COPY AND PASTE (d) ABOVE, AS RELEVANT].
17. Alternative Carer Assessments
a. By no later than 2pm on XXXX, the local authority shall file and serve preliminary assessments of the nominated relative carers (who are XXXX).
Such preliminary assessments shall set out the position of the local authority as to whether the assessment should be taken further.
b. With respect to the preliminary assessment of relative carers the following directions shall apply:
i. The local authority shall disclose a copy of the assessment to the subject(s) of it;
ii. The local authority shall, at the same time, write to the subject(s) of the assessment indicating that:
i) In the event that he/she/they disagree with the conclusions of the assessment and wish to challenge it in Court, he/she/they should consider seeking independent legal advice and must, in any event, lodge any application that he/she/they intend to make with respect to a further assessment of him/her/them by no later than 21 days from the date on which he/she/they received a copy of the assessment;
ii) The failure to make any such application within the specified time limit is likely to result in the Court refusing any application for further assessment by reason of the delay that will be caused in the proceedings and for the child (ren).
iii. In the event that the preliminary assessment is positive, the local authority shall proceed to carry out the relevant full assessment of the relative carer. In the event that undertaking such a full assessment (including any necessary approval by panel and the agency decision maker) 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.
18. Contact Records
a. The local authority shall serve on the other parties paginated copies of the records of contact between the parents and the child(ren) on a monthly basis so as to ensure that the records are complete and up to date no less than 7 days before the advocates’ meeting prior to the IRH.
b. The records shall not be included in the Court bundle unless specifically requested by a party at the advocates’ meeting and thereafter ordered by the Court. The Court requires the parties to consider whether it is possible to agree:
a) a schedule of contact attended/missed and;
b) an agreed statement as the quality of contact as represented by the contact records as opposed to the inclusion of the relevant parts of the contact records.
19. Medical Records
a. By no later than 2pm on XXXX, the solicitor for the XXXX shall obtain and serve upon XXXX a paginated copy of the XXXX’s medical (general practice and hospital) records. The costs of obtaining the records shall be a proper and necessary charge on the XXXX’s legal aid certificate.
b. …
20. Police Disclosure
a. The Court has made a separate order for police disclosure. Such disclosure is due to be made by no later than XXXX.
b. By no later than 2pm on XXXX, the solicitor for the child(ren) shall file and serve the results of checks as to previous convictions/cautions in respect of XXXX.
21. Immigration Information
The Court has made a separate order requesting that the Home Office (UK Borders Agency and Identity and Passport Service) provide the information set out in the annexed Form EX660, 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).
22. Drug Testing
By no later than 2pm on XXXX, the XXXX’s solicitor shall file and serve the results of hair strand drug testing with respect to XXX on the following basis:
i. The testing company shall be XXXX;
ii. The period to be tested is XXX months on a segmented/non-segmented basis
iii. The illegal drugs and their associated derivatives to be tested for are:
i) cannabis;
ii) cocaine;
iii) amphetamines;
iv) heroin; and
v) MDMA.
iv. The costs of the test shall be limited to £XXX and shall be paid equally by the parties;
v. It shall be a proper and necessary charge on the XXXX’s legal aid certificate.
23. Alcohol Testing
By no later than 2pm on XXXX, the XXXX’s solicitor shall file and serve the results of alcohol testing with respect to the XXXX on the following basis:
i. The testing company shall be XXXX;
ii. The testing shall be in the form of hair strand (Etg and FAEE) [and CDT blood testing];
iii. The period to be tested is XXX months;
iv. The costs of the test shall be limited to £XXX and shall be paid equally by the parties;
v. The costs of the testing shall be a proper and necessary charge on the XXXX’s legal aid certificate.
24. DNA Testing
The Court directs, pursuant to section 20 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 testing company shall be XXXX;
ii. The child to be tested is XXXX, born on XX (month) 201X;
iii. It appears to the Court that XXXX has care and control of the child pursuant to an interim care order;
iv. The adult(s) to be tested is/are XXXX;
v. The test shall determine whether XXXX is, or is not, excluded by the results from being the father of the child;
vi. The lead solicitor in the conduct of the test shall be the solicitor for XXXX;
vii. By no later than 2pm on XXXX, the results of the test shall be filed and served;
viii. The costs of the testing shall be a proper and necessary charge on the XXXX’s legal aid certificate and shall be paid equally by the parties.
25. Evidence
a. By no later than 2pm on XXXX, the local authority shall file and serve the following evidence:
i. A (final) social work statement (to include an analysis of the benefits and detriments of each realistic placement option for the child(ren) and a reasoned recommendation as to the placement option that the local authority considers is in the best interests of the child(ren));
ii. Final care plan(s) for the relevant child (ren).
b. By no later than 2pm on XXXX, the parent(s) shall file and serve their (final) statement(s) of evidence.
c. By no later than 2pm on XXXX, the children’s guardian shall file and serve a (final) case analysis.
d. An agreed core/full bundle shall be lodged with the court no later than 2 days before the next hearing and shall be limited to XXXX pages.
26. Directions in relation to an Application for (a) Placement Order(s)
a. Upon the Local Authority confirming its intention to seek approval from its agency decision maker for a decision as to placing the child(ren) for adoption no later than XXXX ( having ensured that all necessary steps have been taken to enable such a decision to be made); and
b. In the event that the agency decision maker approves the making of an application(s) for placement order(s) and subject to the Local Authority lodging the application no later than XXXX;
c. 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/parties to the application;
ii. The mother and the father, (where the father has parental responsibility), shall be made respondents to the application;
iii. XXXX shall be appointed as the child(ren)’s solicitor;
iv. XXXX shall be appointed as the child(ren)’s guardian;
v. The evidence in the care proceedings shall be admitted within the application for a placement order and vice versa;
vi. By no later than 2pm on XXXX, the parent(s) shall file and serve (a) statement(s) in response to the application(s);
vii. By no later than 2pm on XXXX, the guardian shall file and serve a case analysis (such analysis may be included in the same document as is prepared for the application for (a) care order(s));
viii. The matter shall be listed for hearing on the same date and time as the hearing listed with respect to the application for (a) care order(s).
[Consider the position of the Official Solicitor if the litigation friend for the mother or father]
27. Disclosure of this Order
a. The XXXX has leave 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 whom disclosure of information/reports/evidence is sought pursuant to this order.
b. The local authority shall ensure that the independent reviewing officer (NAME) receives a copy of this order within 5 days of it being approved by the Court.
28. Interim Care/Supervision Orders
a. In the interim, XXXX is / are placed in the care of the local authority until the conclusion of the proceedings or further order of the court.
b. In the interim, XXXX is / are placed under the supervision of the local authority until the conclusion of the proceedings or further order of the court.
29. Case Outcome
a. A XXXX order was made today in respect of XXXX.
b. XXXX.
30. Other Orders
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 the parties.
31. Compliance with Directions
All parties must immediately inform the case progression officer if any party or person fails to comply with any part of this order or in the event that by reason of any other circumstance the timetable for the case is put in jeopardy by email at family@birmingham.countycourt..uk.
His/Her Honour Judge / District Judge XXXX
Dated: XX (month) 201X
-----------------------
[1] Delete as relevant
[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 |
[3] See JG v The Lord Chancellor & Others [2014] EWCA Civ 656 and set out reasons if costs are not apportioned equally.
-----------------------
[i]
|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)) |
[ii]
Please list one main reason for the adjournment and put the code in brackets.
| Reason for Adjourned Hearing |
Local Authorn reason for the adjournment and put the code in brackets.
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 |
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