Protocol for Reducing Delay

Annex B – Draft Initial Directions Order

This document is to be used as a prompt to ensure, so far as possible, that all relevant issues are addressed at the initial directions hearing. It is not intended to proscribe a particular wording, but all parties are expected to refer to this document when preparing a draft order for the Case Management Conference.

All parties are also referred to the model documents which form part of the Public Law Outline and are reminded that this local protocol is intended to supplement, rather than replace, such documents.

Any representative submitting a draft order to the Court for approval at the initial directions hearingshall highlight to the Court any aspect(s) of timetabling which are relevant to the case, but in relation to which it is felt that timetabling should be left to a subsequent hearing.

Comments in italics relate to the timing of the relevant step within the local protocol.

[Court Heading]

______

INITIAL DIRECTIONS ORDER

______

[Recitals]

  1. Having considered the timetable for the child, the Court directs that this matter shall conclude on or before the ______[no later than 30 weeks after the date of issue of proceedings unless exceptional circumstances apply]
  1. If any of the parties anticipate any difficulty in complying with any direction or timetable set within these proceedings, that party shall bring this to the attention of the Court as soon as possible and shall request, if appropriate, an amendment to the directions given.

[Experts]

  1. Any party who anticipates seeking permission of the Court to adduce expert evidence shall comply with the following directions by midday on the ______[the working day prior to the Advocates’ Meeting]:-
  1. The expert shall be contacted and provided with information as per Practice Direction 25A; and
  2. The following details shall be circulated to all parties (but not filed at Court):-
  3. The timescales for preparation of the report
  4. A CV in relation to the proposed expert
  5. Details of anticipated costs and timescales
  6. Availability of the expert for future hearings
  1. If, after the Advocates’ Meeting, any party still intends to pursue an application for permission to adduce expert evidence, the following shall be filed and served by 11am on the ______[the working day prior to the CMC]:-
  1. A draft Letter of Instruction, including the questions to be put to the expert;
  2. A CV for the expert;
  3. Details as to why the evidence cannot be adduced by the Social Worker and/or the Children’s Guardian;
  4. Details of anticipated costs and timescales;
  5. Availability of the expert for future hearings; and
  6. Confirmation as to whether public funding has been approved.

Filing of Evidence for the Case Management Conference

  1. The Local Authority shall file an updating statement from the Social Worker[together with, if not already filed, documentation ordinarily filed when an application for a care order is lodged (e.g. core assessment, genogram, threshold document etc.)] by 4pm on the ______.
  1. The lay Respondents shall file and serve a Position Statement by 4pm on the ______[no later than 14 days prior to the CMC] setting out, in respect of that party:-
  1. Proposals for the long term future of the child (to include placement and contact);
  2. A particularised response to the Local Authority’s Schedule of Proposed Findings, with a statement of truth signed by the party;
  3. Any proposals for assessment or expert evidence; and
  4. The names, addresses and contact details (including telephone numbers) of any family or friends who it is suggested should be approached in relation to long term care / contact or respite.
  1. The Local Authority shall file and serve a table / list summarising its position in relation to potential family or friends of the parents who could be considered as potential carers for the child no later than 11am on ______[the working day prior to the Advocates’ Meeting] including:-
  1. Whether or not any prospective kinship carers have been identified by the family or the Local Authority;
  2. A summary of the results of initial checks on the Local Authority’s own systems (or telephone checks with the Local Authority for the area in which they reside) in relation to any potential carer;
  3. Details of the results of discussions with the parents regarding any potential carer (where possible);
  4. The results of initial telephone enquiries of any potential carer (where possible); and
  5. The Local Authority’s proposals for assessment of any / all of the persons identified.
  1. The Children’s Guardian shall file and serve [his][her] Initial Analysis and Recommendations [unless the Court considers some other document will be sufficient in the particular circumstances of the case]by 4pm on the ______[no later than 4pm on the working day prior to the advocates’ meeting]

Advocates’ Meeting

  1. The parties do convene an advocates’ meeting at ______on the ______at ______. [no later than 7 days prior to the CMC]
  1. In respect of the advocates’ meeting, the following directions shall apply:-
  1. The Solicitor for the child[ren] do circulate an agenda for the advocates’ meeting (to include agreeing directions for the Case Management Conference) by 12 midday on the ______[the working day before the date of the advocates’ meeting];
  2. The Solicitor for the child[ren] do file and serve a summary of the advocates’ meeting by 4pm on the ______[at least two working days prior to the CMC]; and
  3. The Local Authority do file and serve a draft order by no later than 10am on the ______[the working day before the CMC]

Case Management Conference

  1. The matter be listed for Case Management Conference with a time estimate of ______at ______on the ______, the parties (to include the Children’s Guardian and the Local Authority social worker and/or team manager) and their legal representatives to arrive by no later than ______[a time at least 1 hour prior to the start time for the hearing].
  1. The Applicant shall file and serve a current case summary by 4pm on the ______[at least 2 working days prior to the CMC].
  1. The Applicant Local Authority shall lodge ____ copies of the Court bundle and circulate to the parties a copy of the index to the Court bundle by 3pm on the ______. [five working days prior to the hearing in the FPC, two working days prior to the hearing in the County Court].