This Practice Direction supplements FPR Part 36, rule 36.2 (Transitional Arrangements and Pilot Schemes).

Scope and interpretation

1.1 This Practice Direction is made under rule 36.2 and sets up a Pilot Scheme to allow certain applications and stages in proceedings for an adoption order to be completed using the online system.

1.2 This Practice Direction comes into force on 6 April 2022.

1.3 The Pilot Scheme applies where all of the following conditions are met-

(a) the application is for an adoption order under the Adoption and Children Act 2002 made in relation to a child who is habitually resident in the British Islands;

(b) the application is not for a ‘Convention adoption order’ as defined in Rule 14.1(2);

(c) one of the following applies –

(i) the child to whom the application for an adoption order relates is made has been placed for adoption under section 19 of the 2002 Act;

(ii) a placement order under the 2002 Act is in force in respect of the child to whom the application for an adoption order relates;

(iii) the child is the subject of a Scottish permanence order (which term has the meaning given in section 47(10) of the 2002 Act) which includes provision granting authority for the child to be adopted; or

(iv) the child is free for adoption by virtue of an order made under Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987;

(d) access to the online system for making and continuing such applications is permitted;

(e) the process provided for in the online system can be completed;

(f) the application is started in the family court sitting at-

(i) Chelmsford;

(ii) Leeds;

(iii) Medway;

(iv) Newport (Gwent);

(v) Northampton;

(vi) Oxford;

(vii) Portsmouth; or

(viii) Worcester;

(ix) Reading;

(x) Central London;

(xi) Liverpool.

(g) the application is filed in the period commencing 6 April 2022 and at the end of the day on 31 October 2023.

1.4 In this Practice Direction the “online system” means HM Courts and Tribunals Service’s online system to allow for certain stages in applications specified in paragraph 1.3 of this Practice Direction to be dealt with online.

Purpose of the Pilot Scheme

2.1 The purpose of this Pilot Scheme is to assess the use of new practices and procedures to allow for certain stages in the applications specified in paragraph 1.3 of this Practice Direction to be completed using the online system.

2.2 Where the conditions in paragraph 1.3 are met, this Pilot Scheme enables-

(a) prospective adopters;

(b) local authorities; and

(c) adoption agencies;

to engage in proceedings via the online system, to include taking the steps specified in paragraph 2.3.

2.3 The specified steps are-

(a) to create and file an application referred to in paragraph 1.3 to commence proceedings;

(b) in respect of an application referred to in sub-paragraph (a), to-

(i) file documents, including draft orders, further applications and reports at the same time as filing the application;

(ii) amend the application;

(iii) indicate willingness to accept service by the court of documents relating to the application via email; and

(iv) accept service by the court by email of any documents relating to the application; and

(c) to view an electronic record of the progress of the application that is progressing using the online system.

2.4 For the avoidance of doubt-

(a) it should not be assumed that an application of a type specified in paragraph 1.3, or any or all stages of such an application, will always be dealt with on the online system. For example, HM Courts and Tribunals Service may gradually roll-out provision for the online service. HM Courts and Tribunals Service will indicate via the online system which applications and stages in proceedings can be dealt with on the online system at any point in time;

(b) parties to proceedings may not effect service of applications or other documents on other parties via the online service; and

(c) the online service cannot be accessed by those referred to at paragraph 2.2, but they will be able to view an electronic record of the progress of an application that is progressing using the online system;

(d) parents (even if parties to the proceedings) and any other parties not referred to in paragraph 2.2 will not have access to the online system and nor will they be able to view the electronic record referred to in sub-paragraph (c): they will be kept informed in accordance with the provisions of the FPR.

Modification of the FPR and Practice Directions during operation of the Pilot Scheme

3.1 During the operation of the Pilot Scheme the Family Procedure Rules 2010 and the Practice Directions supporting the Rules will apply to cases falling within the Pilot Scheme as modified by paragraphs 4.1 to 11.5.

Modification of rule 2.3(1) FPR

4.1 In rule 2.3(1) FPR, the definition of “filing” is modified by inserting after “office”-

“or, where the Pilot Scheme referred to in Practice Direction 36ZB applies, by creating and submitting, or by uploading, the document on the online system referred to in that Practice Direction.”.

Modification of Part 5 FPR

5.1 For 5.1, substitute-

“5.1 Where the Pilot Scheme referred to in Practice Direction 36ZB applies, the applicant must-

(a)        complete all sections of the application process to apply for an adoption order in a manner set out in the online system referred to in that Practice Direction;

(b)        provide all the information, including any additional documents, that the online application system referred to in that Practice Direction requires, or that the court requires, in a manner specified by the online application system, or required by the court.”.

5.2 In rule 5.2, for “Subject” substitute “Where rule 5.1(a)(ii) applies and a form is uploaded to the online system, subject”.

5.3 After rule 5.2 FPR insert-

“Timing and receipt of applications

5.3 An application that is submitted via the online system in accordance with rule 5.1 is lodged with the court on the date and at the time that HMCTS software records the application as received, provided that the application is subsequently issued by the court.

Timing of receipt of documents other than applications

5.3A  A document, other than an application, that is submitted via the online system is filed with or otherwise received by the court on the date and at the time that HMCTS software records the document as received.”.

Modification of Part 14 FPR

6.1  In rule 14.5 after paragraph (3) insert-

“(4) In a case where-

(a) the Pilot Scheme referred to in Practice Direction 36ZB applies; and

(b) the court officer is to serve a document by email,

the court may either attach the document to be served to the email or include within the email a link to the document.”.

6.2 In rule 14.17 after paragraph (2) insert-

“(2A) In a case where-

(a) the Pilot Scheme referred to in Practice Direction 36ZB applies; and

(b) any document referred to in paragraph (2) has been provided to the court by being uploaded to the online system,

the court may require that the document also be provided in hard copy by a date specified by the court.”.

6.3 In rule 14.23 after “special security.” insert “Where any information or document is held electronically by the court, such as on the online system referred to in Practice Direction 36ZB, special security arrangements must be in place, in particular in relation to restrictions on access to any such information or document by the court, court staff or others.”

Modification of Part 17 FPR

7.1 In rule 17.2(6), for “The statement of truth” substitute “Subject to paragraph (6A), the statement of truth”.

7.2 After rule 17.2(6) insert-

“(6A)    Where a statement of truth is included in an application completed using the online system referred to in Practice Direction 36ZB the party must file with the court an application which includes the name of the person who the online system requires to sign a statement of truth recorded against the statement of truth.”.

Modification of rule 29.13(1) FPR

8.1 After rule 29.13(1) insert-

“(1A) Where-

(a) the Pilot Scheme referred to in Practice Direction 369ZB applies; and

(b) the court is to serve order or judgment on a party by email,

service under paragraph (1) or otherwise may be effected by the court sending the party an email, to the address given for service in accordance with Practice Direction 6A, with the judgment or order attached to the email or with a link to the judgment or order included within the email.”.

Disapplication of Practice Direction 5B as modified by Practice Direction 36R or by Practice Direction 36Y

9.1 (1) Subject to paragraph (2), where the Pilot Scheme referred to in Practice Direction 36ZB applies, the modifications to Practice Direction 5B made by Practice Direction 36R or by Practice Direction 36Y do not apply.

(2) Paragraph (1) does not apply if it is not possible to upload a given document to the online system referred to in Practice Direction 36ZB, for example because the online system is not accessible because of planned system maintenance or unplanned circumstances.

Modification of Practice Direction 6A

10.1 After paragraph 4.1 insert-

“4.1A   Paragraphs 4.2 to 4.6 also apply where

(a) the pilot scheme referred to in Practice Direction 36ZB applies; and

(b) service of a judgment or order by the court is to be effected in accordance with rule 29.13(1A), as inserted by Practice Direction 36ZB.

4.1B Where paragraph 4.1A applies, references in paragraphs 4.2 to 4.5 to service of a document by email include service of a judgment or order by the court sending an email with the judgment or order attached to the email or with a link to the judgment or order included within the email.”.

10.2 In paragraph 4.2(b)-

(a) in paragraph (iii) for “; or” substitute “;”;

(b) in paragraph (iv) for the full-stop substitute “; or”; and

(c) after paragraph (iv) insert-

“(v) confirmation given, by the party to be served, within the online system referred to in Practice Direction 36ZB that that party is willing to accept service by email and stating the email address for such service.”.

Modification of Practice Direction 17A

11.1 Omit  paragraphs 1.5 and 2.3.

11.2 In the heading to paragraph 3.1 and in paragraphs 3.1, 3.7, 3.8 and 3.10 references to “sign”, “signs”, “signed” and “signing” are to be read as references to the name of the person being, or having been, recorded against the statement of truth included in an application for an adoption order to which the Pilot Scheme referred to in Practice Direction 36ZB applies.

11.3 For paragraph 4.1 substitute-

“4.1 Where an application completed using the online system referred to in Practice Direction 36ZB contains a statement of truth with the name of a person who is unable to read or sign the document recorded against it, the application must be accompanied by a certificate made by an authorised person.”.

11.4 In paragraph 4.3-

(a)     for sub-paragraph (a) substitute-

“(a)      that the content of the online application has been read to the person before completion of the statement of truth required by the online system;”

(b)     for sub-paragraph (e) substitute-

“(e)      that that person confirmed in the presence of the authorised person that it was their belief that the contents of the online application were true.”.

11.5 For the Annex substitute-

“Certificate to be used where a person is unable to read or sign an online application for an adoption order to which the Pilot Scheme in Practice Direction 36ZB applies.

I certify that I [name and address of authorised person] have read the contents of the online application and the statement of truth to the person whose name is recorded against the statement of truth, who appeared to understand (a) the application and approved its contents as accurate and (b) the statement of truth and the consequences of making a false statement, and orally confirmed that this was the case in my presence.