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CASE NUMBER: XXXXXX

IN THE FAMILY COURT SITTING IN LIVERPOOL

IN THE MATTER OF:

THE CHILDREN ACT 1989

THE ADOPTION AND CHILDREN ACT 2002

THE FAMILY LAW ACT 1996[1]

The Children:

NameGenderDOB

XXXXXXXBoy/GirlDOB

XXXXXXXBoy/GirlDOB

XXXXXXXBoy/GirlDOB

XXXXXXXBoy/GirlDOB

[DRAFT] CASE MANAGEMENT ORDER NUMBER 1/2/3/4

Before HHJ XXX / District Judge XXXXX / the Magistrates;

Sitting in private / open court

On XX-DATE-XX.

  1. The Parties:
  1. The applicant local authority is XXXXX
  2. The first respondent (mother) is XXXXX
  3. The second respondent (father / father of XXX) is XXXXXX
  4. The third respondent child(ren)are acting by their children’s guardian XXXXXX.
  5. The first intervener (RELATIONSHIP TO CHILDREN) is XXXXX
  6. The second intervener (RELATIONSHIP TO CHILDREN) is XXXXX
  1. Representation:
  1. The parties are represented as follows:
  2. The applicant local authority is represented by XXXXXXX.
  3. The first respondent mother is represented by XXXXXXX.
  4. The second respondent father is represented by XXXXXXX.
  5. The third respondent child(ren) are represented by XXXXXXX
  6. The following people appeared in person:
  7. XXXXXXXX whose contact details are XXXXXXXXX
  8. XXXXXXXX whose contact details are XXXXXXXXX
  1. The Child(ren) are living with:
  1. The child XXXXXX is living with XXXXXX (Code[2]);
  2. The child …

The names set out in paragraph 1 are not to be disclosed in public without the permission of the court.

  1. Allocation:
  1. The proceedings are allocated to / continue to be allocated to HHJ XXXXXXXX.
  1. The Applications(s):
  1. The local authority has applied for a care order/supervision order/ on XXXXX.
  2. [Any other applications?]
  3. XXXXXXXX has applied for [ ] [today/on date]
  1. Jurisdiction:
  1. The court is satisfied that it has jurisdiction in relation to the child(ren) [give reasons, eg. based on habitual residence]; [and/or]
  2. There is an issue as to jurisdiction in respect of the children 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
  3. The local authority shall liaise with the [identify country] consular authority in Englandand 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.
  1. Today’s Hearing:
  1. Today the case was listed for XXXXXXX[i];
  2. Today the hearing has been effective / cancelled / adjourned / re-listed.
  3. The primary reason for the case being adjourned or re-listed is XXXXX[ii]
  1. The Timetable for the Proceedings:
  1. 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.
  2. The proceedings cannot be completed within 26 weeks, but are to be completed within XXXX weeks, by XXXXXXX
  3. The timetable for the proceedings for one or more of the children has changed at this hearing for the following reasons:
  4. It is necessary to extend the timetable for the proceedings beyond 26 weeks in order to resolve the proceedings justly because: [specify reason, eg. very heavy cases involving the most complex medical evidence where a separate fact-finding hearing is directed, FDAC type case, cases with an international element where investigations or assessments have to be carried out abroad, cases where the parent’s disabilities require recourse to special assessments or measures.]
  5. 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 one or more of the children in order to resolve the proceedings justly because: [specify reason, eg. cases proceeding on allegations of neglect or emotional harm where allegations of sexual abuse subsequently surface, cases which are unexpectedly ‘derailed’ because of the death, serious illness or imprisonment of the proposed carer, cases where a realistic alternative family carer emerges late in the day]
  6. 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: XXXXXXX
  7. 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.
  8. There shall be an Advocates’ Meeting on XXXXXXX at XXXXX am/pm at XXXXXXXXX.
  9. At the IRH the Court will consider:
  10. the extent to which the key issues can be resolved or narrowed at the IRH by hearing evidence or otherwise;
  11. whether the IRH can be used as a final hearing;
  12. what evidence is necessary to determine the issues which require resolution at the final hearing; and
  13. such further case management directions as may be required so that the matter can proceed to a final hearing.
  1. The Timetable for the Child(ren):
  1. The key dates and events in the timetable for the child(ren) are:
  2. On XXXXX the child XXXXX will start secondary school.
  3. On XXXXX the child XXXXX will move placement to XXXXX.
  1. The Threshold:
  1. The section 31 threshold with respect to making orders in this case is agreed as set out in XXXXXX
  2. The section 31 threshold with respect to the following matters:
  3. The section 31 threshold is in dispute.
  1. The Key Issues in the Case Are:
  1. XXXXXXXX
  2. XXXXXXXX
  3. XXXXXXXX
  1. The Parties Positions are:
  1. XXXXXXX
  2. XXXXXXX
  1. It is Further Recorded that:
  1. XXXXXXXX
  2. XXXXXXXX
  1. Identification of people to be assessed as potential cares for the child(ren):
  1. 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.
  2. The person(s) identified by the mother are XXXXXX.
  3. The person(s) identified by the father are XXXXXX.
  1. Evidence:
  1. After reading the materials filed, which are described in an index/record of hearing, the Court made the order set out below.

THE COURT ORDERS:

  1. Experts:
  1. An application was / was not today made for the instruction of an expert.
  2. The application was not / was granted.
  3. The type of expert whose instruction was allowed / refused by the court is XXXXXX[iii]
  4. The Court gives leave to for the instruction of an expert on the following basis:
  5. The name of the expert is: XXXXXXXXX
  6. The date by which the report is due is: XXXXXX
  7. The report of an expert is necessary to assist the court to resolve the proceedings because:
  8. XXXXXX
  9. XXXXXX
  10. 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]:
  11. The insight of the XXXXXX into and acceptance of the issues identified;
  12. The psychological profiles of the XXXXXXX particularly having regard to their past parenting history;
  13. The capacity of the XXXXX to change and sustain any change;
  14. 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);
  15. What is the relationship dynamic between XXXXXX and XXXX; and
  16. Any other matters relevant to the welfare of the child(ren) and the issues to be determined by the Court.
  17. 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;or
  18. The costs of the report shall be borne by XXXXX and XXXXX equally[3]. The reasons for the Court apportioning costs in this manner are:
  19. The expert is not a single joint expert and has only been sought by XXXXXX; and/or
  20. The Court has determined that it is appropriate for the costs to be apportioned disproportionately because XXXXXXXXX; and/or
  21. The Court has conducted a robust assessment of the means of XXXXXX 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 XXXXXX for the expert evidence not to be obtained in the circumstances.
  1. Afurther application was / was not today made for the instruction of an expert.
  2. The application was not / was granted.
  3. 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]
  1. Alternative Carer Assessments:
  1. 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:
  1. 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);
  2. 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).
  1. With respect to the viability assessment of relative carers the following directions shall apply:
  2. The local authority shall disclose a copy of the same to the subject(s) of the assessment;
  3. The local authority shall at the same time write to the subject of the assessment indicating that:
  4. 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 of them by no later than 21 days from the date on which they received a copy of the assessment;
  5. That failure to make any such applications within the specified time limit is likely to result in the Court refusing any applications for further assessment by reason of the delay that will be caused in the proceedings and for the child(ren).
  6. 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. 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.
  1. Contact Records:
  1. 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.
  1. Medical Records:
  1. 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.
  1. Police Disclosure:
  1. The Court has today made a separate order for police disclosure. Such disclosure is due to be made by no later than XXXXXXX.
  1. Reports from Third Parties:
  1. 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:
  1. 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;
  2. The reasonable costs of obtaining any such report shall be a proper and necessary charge on the relevant parent’s LAA certificate; and
  3. The same shall be filed and served by no later than XXXXXXXX.
  1. The solicitors for XXXXXX shall file and serve a report/statement from XXXXXXX on the following basis:
  2. 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;
  3. The reasonable costs of obtaining any such report shall be a proper and necessary charge on the relevant parent’s LAA certificate; and
  4. The same shall be filed and served by no later than XXXXXXXX.
  1. School/Nursery Reports:
  1. 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:
  2. The same shall be filed and served by XXXXXXXX;
  3. The same shall detail:
  4. Attendance;
  5. Attainment;
  6. Parental engagement and co-operation;
  7. Any behavioural issues noted or observed (exhibiting any contemporaneous records);
  8. Any welfare concerns regarding the child(ren) noted or observed (exhibiting any contemporaneous records);
  9. Any other matters relevant to the child’s welfare.
  1. Health Visitor Evidence:
  1. The local authority shall file and serve health visitor records and statement with respect to the relevant subject children on the following basis:
  2. The same shall be filed and served by XXXXXXXXX;
  3. The same shall deal with:
  4. The child’s health;
  5. Parental engagement;
  6. Any welfare concerns regarding the child(ren) noted or observed;
  7. Any other matter relevant to the child’s welfare.
  1. Immigration Information:
  1. 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 thanXXXXXXX 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).
  1. Drug Testing:
  1. The XXXXXX’s solicitor shall obtain, file and serve by no later than 4pm on XXXXXXX hair strand drug testing on the following basis:
  2. The same shall determine the use of illegal drugs by the mother in the preceding XX months;
  3. The illegal drugs and their associatedderivatives to be tested for are:
  4. Cannabis;
  5. Cocaine;
  6. Amphetamines;
  7. Heroine; and
  8. MDMA.
  9. The same shall, as far as possible, be segmented by month;
  10. The same shall be a proper and necessary charge on the XXXXXXX’s LAA funding certificate.
  1. Alcohol Testing:
  1. The XXXXXX’s solicitors shall obtain, file and serve alcohol testing with respect to the mother on the following basis:
  1. The testing shall be in the form of hair strand (Etg and FAEE) and CDT blood testing;
  2. The testing shall be filed and served by no later than XXXXXXXX;
  3. The costs of the testing shall be a proper and necessary charge on the mother’s LAA funding certificate.
  1. DNA Testing:
  1. 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:
  2. The child to be tested is XXXXXX dob XXXXXX;
  3. It appears to the Court that XXXXXX has care and control of the child pursuant to an interim care order;
  4. The adults to be tested are XXXXXXXX;
  5. The test shall determine whether XXXXXXX is the Father of the child;
  6. The lead solicitor in the conduct of the test shall be the solicitor for XXXXXXX;
  7. The test shall be carried out and the results filed and as soon as possible and no later than XXXXXXXX;
  8. The costs of the testing shall be a necessary and proper charge on the LAA funding certificates of the XXXXXXXX.
  1. Parenting Assessment:
  1. 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.
  1. Final Evidence:
  1. The Local Authority shall file and serve the following evidence by no later than XXXXXXXX:
  2. A final social work statement (such to include an analysis of the benefits and detriments of each alternative 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));
  3. Final Care Plan(s) for the relevant child(ren).
  1. The parent(s) shall file and serve their final statement(s) of evidence by no later than XXXXXXXXX.
  1. The Children’s Guardian shall file and serve a final Case Analysis by no later than XXXXXXXX.
  1. Placement Order Directions:
  1. The local authority shall ensure that it has sought approval from its’ Agency Decision Maker for 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).
  1. In the event that the Agency Decision Maker approves the making of Placement Application(s) the local authority shall issue the relevant application(s), together with Annex B Report and Statement of Facts, by no later than XXXXXXX.
  1. The following directions shall apply immediately upon the Local Authority issuing an application for a Placement Order:
  1. The child(ren) shall be made a party to the application;
  2. The mother and the father shall be made respondents to the application;
  3. XXXXXXXX shall be appointed as the Child’s Solicitor;
  4. XXXXXXXX shall be appointed as the children’s Guardian;
  5. The evidence in the care proceedings shall be admitted within the application for a Placement Order and visa versa;
  6. The parent(s) shall file and serve statements in response to the application(s) by no later than 4pm on XXXXXXXX;
  7. The Guardian shall file and serve aCase Analysis by no later than XXXXXXX (such Analysis may be included in the same document as is prepared for the care order application(s));
  8. The matter shall be listed for hearing on the same date and time as the hearings listed with respect to the care application(s).
  1. Disclosure of this Order:
  1. 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.
  1. 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.
  1. Interim Care/Supervision Orders:
  1. In the interim, XXXXXXXX is / are placed in the care of the local authority until the finalisation of the proceedings or further order or the court.
  1. In the interim, XXXXXXXX is / are placed under the supervision ofthe local authority until the finalisation of the proceedings or further order or the court.
  1. Case Outcome:
  1. A XXXXX order was made today in respect of XXXXX child(ren)
  2. XXXXXXX
  1. Other:
  1. 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.
  1. Any application to vary this order or for any other order is to be made to the allocated judge on notice to all parties.
  1. Compliance with Directions:
  1. 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 the event that by reason of any other circumstance the timetable for the case is put in jeopardy.

HHJ/DJ XXXXXX