See also Part 12, Practice Direction 12A, Practice Direction 12B, Practice Direction 12C, Practice Direction 12D, Practice Direction 12E, Practice Direction 12F, Practice Direction 12G, Practice Direction 12H, Practice Direction 12I, Practice Direction 12J, Practice Direction 12K, Practice Direction 12L, Practice Direction 12M, Practice Direction 12O, Practice Direction 12P

PRACTICE DIRECTION 12N – ENFORCEMENT OF CHILDREN ACT 1989 CHILD ARRANGEMENTS ORDERS: DISCLOSURE OF INFORMATION TO OFFICERS OF THE NATIONAL PROBATION SERVICE

1.1

This Practice Direction applies to proceedings in the High Court or the family court where –

(a) the court is considering an application for an enforcement order¹ or for an order following an alleged breach of an enforcement order² and asks an officer of the Service or a Welsh family proceedings officer to provide information to the court in accordance with section 11L(5) of the Children Act 1989; or

(b) the court makes an enforcement order or an order following an alleged breach of an enforcement order and asks an officer of the Service or a Welsh family proceedings officer to monitor compliance with that order and to report to the court in accordance with section 11M of the Children Act 1989.

1.2

In all cases in which paragraph 1 applies, the officer of the Service or Welsh family proceedings officer will need to discuss aspects of the court case with an officer of the National Probation Service.

1.3

In order to ensure that the officer of the Service or Welsh family proceedings officer will not potentially be in contempt of court by virtue of such discussions, the court should, when making a request under section 11L(5) or section 11M of the Children Act 1989, give leave to that officer to disclose to the National Probation Service such information (whether or not contained in a document filed with the court) in relation to the proceedings as is necessary.

Footnotes

1. under section 11J of the Children Act 1989.

2. under paragraph 9 of Schedule A1 to the Children Act 1989.