This practice direction supplements rule 36.2 FPR (transitional arrangements and pilot schemes)

1.1 This practice direction is made under rule 36.2 of the Family Procedure Rules. It is intended to assess modifications to Practice Directions 2C, 5B, 12A and 12B-

(a) to ensure that the administration of justice is carried out and so as to take account of available resources; and

(b) following the expiry of Practice Direction 36Y, to continue to test modifications in order to inform potential longer term procedural reform.

1.2 This Practice Direction-

(a) comes into force on 1 April 2023, immediately on the expiry of Practice Direction 36Y; and

(b) expires at the end of 28 February 2025.

Modification of Practice Directions

2.1 During the period in which this Practice Direction is in force, the Practice Directions supporting the FPR will apply as modified by paragraphs 3.1 to 6.1.

Modification of Practice Direction 2C

3.1       Practice Direction 2C (justices’ legal adviser) is modified as follows-

(a) in the table, in the row where the first column reads FPR 12.3(2), delete the wording in the second column; and

(b)at the end of the table, insert the following new rows-

“FPR rule 3A.4, 3A.5 and 3A.6	Only where: 1. the proceedings are allocated within the family court to lay justices or when the justices’ legal adviser is acting as a gatekeeper at the allocation stage; and 2. the measure specified is under rule 3A.8(1)(a) to 3A.8(1)(c).
Practice Direction 6C	Only where the proceedings are allocated within the family court to lay justices or when the justices’ legal adviser is acting as a gatekeeper at the allocation stage.
the 1989 Act, section 10(1)(a)	Only where: 1. the proceedings are allocated within the family court to lay justices or when the justices’ legal adviser is acting as a gatekeeper at the allocation stage; 2. all parties consent to the order being made; 3. CAFCASS has confirmed that no safeguarding issues have been identified which require further enquiry or would preclude the parties agreeing a consent order; and 4. the principles of PD12J have been applied and the justices’ legal adviser determines it is consistent with PD12J and the child’s welfare to make the order in the terms sought.
the 1989 Act, sections 11A(2), 11A(2B), 11C(2),  11E(7), 11G(2), 11H(2), 11H(5) and 11H(8)	Only where the proceedings are allocated within the family court to lay justices or when the justices’ legal adviser is acting as a gatekeeper at the allocation stage.”

Modification of Practice Direction 5B

4.1 Practice Direction 5B (communication and filing of documents by email) is modified as follows-

(a) for the heading to Chapter 2 substitute-

“Specified organisations and adoption agencies”; and

(b) after paragraph 2.1 insert-

“2.1A Subject to this Chapter-

(a) a specified organisation;

(b) an adoption agency (other than a local authority) which has taken part at any stage in the arrangements for the adoption of the child; or

(c) a legal representative of a specified organisation or of an adoption agency referred to in sub-paragraph (b),

may email a court at the court’s specified email address and attach or include one or more documents related to adoption proceedings.

2.1B Paragraph 2.1A does not apply to an application for an adoption order (section 46 of the 2002 Act).”.

Modification of Practice Direction 12A

5.1 Practice Direction 12A (care, supervision and other Part 4 proceedings: guide to case management) is modified by substituting the second sentence in paragraph 4.1 with the following-

“The justices’ legal adviser (with responsibility for gatekeeping and allocation of proceedings) and/or a district judge (with responsibility for allocation and gatekeeping of proceedings) will consider initial allocation as provided for in any Guidance issued by the President on distribution of business of the family court.”.

Modification of Practice Direction 12B

6.1       Practice Direction 12B (child arrangements programme) is modified by inserting after paragraph 7.2-

“7.3 Local practices and initiatives can be operated differently to the framework where such practices or initiatives are-

(a) operated to ensure the administration of justice is carried out and so as to take account of available resources;

(b) approved by the local Designated Family Judge, after consultation with Her Majesty’s Courts and Tribunals Service and with Cafcass or Cafcass Cymru.

7.4 Where any local practices and initiatives are put in place under paragraph 7.2 or 7.3, the local Designated Family Judge working with Her Majesty’s Courts and Tribunals Service must ensure that parties, their legal representatives, relevant local support organisations and Local Authorities are given information about the detail of those local practices and initiatives.