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 FPR and sets up a Pilot Scheme to require the filing of certain additional documents in care proceedings and supervision proceedings.

1.2 The Pilot Scheme applies to applications where all of the following conditions are met:

(a) the application is for a care order or supervision order (as defined in rule 2.3 and rule 12.2 FPR, respectively);

(b) the application is started in the family court sitting at a location specified in paragraph 1.3; and

(c) the application is filed in the period commencing 2 January 2024 and ending at the end of 31 December 2024.

1.3 The locations of the family court referred to in paragraph 1.2(b) are-

(a) Swansea;

(b) Kingston-upon-Hull;

(c) Liverpool;

(d) Manchester;

(e) Milton Keynes;

(f) Newcastle;

(g) Nottingham;

(h) Truro;

(i) West London.

Purpose of the Pilot Scheme

2.1 The purpose of this Pilot Scheme is to assess the use of new practices and procedures in care proceedings and supervision proceedings (defined in rule 12.2 FPR) with a view to reducing delay and improving communication between professionals.

2.2 The Pilot Scheme relates to the Public Law Outline set out in Practice Direction 12A. It introduces a requirement for the Local Authority advocate to file a Readiness Checklist, an Expert Assessment checklist, or both, in cases falling within the Pilot Scheme, to improve case preparedness and reduce the number of hearing adjournments.

2.3 To assist with quantitative and qualitative data collection, the two checklists will be piloted separately in some of the courts specified in paragraph 1.3, and jointly in others. This Practice Direction contains some provisions that apply only to applications in which the Readiness Checklist is piloted and some which apply only to those in which the Expert Assessment Checklist is piloted.

Modification of the FPR and Practice Directions

3.1 In applications to which this Practice Direction applies, the Family Procedure Rules 2010 and the Practice Directions supporting the rules will apply as modified in the way specified in paragraphs 3.2 to 3.4.

3.2 The modifications in paragraphs 4.1, 5.1(a) and 5.3(b) (all of which relate to the Readiness Checklist) apply to applications started in the locations specified in paragraph 1.3(b), (d), (e), (g) and (h).

3.3 The modifications in paragraphs 4.2, 5.1(b), 5.2 and 5.3(a) (all of which relate to the Expert Assessment Checklist) apply only to applications started in the locations specified in paragraph 1.3(f), and (i).

3.4 The modifications in paragraphs 4.1 to 5.3 (all of which relate to the Readiness Checklist and the Expert Assessment Checklist) apply to applications started in the locations specified in paragraph 1.3(a) and (c).

Modifications to the FPR

4.1 In rule 12.26-

(a) after paragraph (1), insert-

“(za) discuss and complete the Readiness Checklist;”; and

(b) in paragraph (3)(b) before ‘a draft of the Case Management Order’ insert-

“the completed Readiness Checklist and”.

4.2 In rule 12.26(4)(b) before ‘a draft of the Case Management Order’ insert “the completed Expert Assessment Checklist and”.

Modification of Practice Direction 12A

5.1 In the Public Law Outline, in column 1 of the table in “Stage 2 – Case Management Hearing”-

(a) after the bullet point which begins “identify any disclosure” insert-

“- Complete the Readiness Checklist

- LA advocate to file the Readiness Checklist with the court by 11am on the business day before the CMH and/or FCMH”; and

(b) after the bullet point which begins “immediately notify” insert-

“- Complete the Expert Assessment Checklist

- LA advocate to file the Expert Assessment Checklist with the court by 11am on the business day before the CMH and/or FCMH”.

5.2 In the Public Law Outline, in column 1 of the table in “Stage 3 – Issues Resolution Hearing”-

(a)insert, as a penultimate bullet point, “Complete the Expert Assessment Checklist”; and

(b)in the final bullet point, after “file” insert “the Expert Assessment Checklist and”.

5.3 In paragraph 7.1-

(a)after the definition of ‘Day’ insert-

“‘Expert Assessment Checklist’ means the document on the prescribed template which records the parties’ positions in relation to the expert evidence requested in the proceedings.”; and

(b) after the definition of ‘Parents’ Response’ insert-

“‘Readiness Checklist’ means the document on the prescribed template which records the readiness of the application to be considered at the Case Management Hearing and the cause of any potential delays to the timetable.".