Please note this PD comes into force 1 April 2024

This Practice Direction supplements rule 41.1 FPR (proceeding by electronic means).

Scope and interpretation

1.1 This Practice Direction makes provision-

(a) for applications in placement proceedings, all required accompanying documents and all documents filed during the course of proceedings, to be filed with the court via uploading them to the online system; and

(b) for applications, judgments and orders in such proceedings to be served by the court via the online system.

1.2 This Practice Direction comes into force on 1st April 2024.

1.3 This Practice Direction applies where all of the following conditions are met-

(a) the application is in placement proceedings (as defined in rule 2.3(1) FPR);

(b) access to the online system for filing via uploading such applications, all required accompanying documents and all documents to be filed during the course of proceedings is permitted;

(c) the application is started in the family court; and

(d) the application and all required accompanying documents are filed on or after 1st April 2024.

1.4 In this Practice Direction, “the online system” means His Majesty’s Courts and Tribunals Service’s online system to allow for applications for placement proceedings to be filed with the court by being uploaded, and for applications, judgments and orders in those proceedings to be served via that system.

Purpose and use of the online system

2.1 Where the conditions in paragraph 1.3 are met, the online system enables parties to engage in placement proceedings via the online system, to include taking the following steps-

(a) to create and file an application in placement proceedings;

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

(i) file documents;

(ii) amend the application;

(iii) indicate willingness to accept service of documents relating to the application via email containing a weblink from which a document may be accessed and downloaded;

(iv) accept service of any documents relating to the application;

(v) effect service of applications and other documents relating to the application on other parties to the proceedings, in the manner specified in modifications made by this Practice Direction; and

(c) to view an electronic record of the progress of the application and of applications made in the course of proceedings that are progressing using the online system.

2.2 For the avoidance of doubt, it should not be assumed that an application in placement proceedings, or any stages of such an application, will always be able to be dealt with on the online system. For example, it may be that-

(a) the online system is not available for use because of -

(i) planned “down time” for system maintenance or upgrades; or

(ii) unplanned “down-time” because of, for example, a system failure or power outage or some other unplanned circumstance.;

(b) the online system does not have the facility to create or file every type of application in placement proceedings.

Modification of the FPR and Practice Directions

3.1 In cases to which this Practice Direction applies, the Family Procedure Rules 2010 and the Practice Directions supporting the rules will apply as modified by paragraphs 4.1 to 8.4.

Modification of rule 2.3(1) FPR

4.1 In rule 2.3(1) of the FPR, for the defined term “filing” substitute-

“ “filing” in relation to supplying a document or information means-

(a) delivering it, by post or otherwise, to the court office; or

(b) where Practice Direction 41F applies, by-

(i) uploading the document to the online system referred to in that Practice Direction; or

(ii) submitting the information via that online system.”

Modification of Part 5 FPR

5.1 In rule 5.1-

(a) in paragraph (1) after “Subject to” insert “paragraph (7) and to”; and

(b) after paragraph (6) insert-

“(7) Where Practice Direction 41F applies, the requirement in rule 26.2(2)(b) FPR to file notice of a change must be met by completing the relevant section on the online service, not by using the form referred to in a practice direction.”.

5.2 After rule 5.1 insert-

“Timing of receipt of applications

5.1A An application that is submitted via the online system referred to in Practice Direction 41F 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.”.

Modification of Part 29 FPR

6.1 After rule 29.13(1) insert-

“(1A) Where Practice Direction 41F applies, service under paragraph (1) or otherwise may be effected by the court sending to a party an email, to the address given for service in accordance with Practice Direction 6A, containing a weblink from which the judgment or order may be accessed and downloaded.".

6.2 In rule 29.13(2) omit “and sufficient copies for service on all the parties”.

Modification of Practice Direction 5B

7.1 After paragraph 1.1 insert-

“1.1A Where Practice Direction 41F applies, this practice direction does not apply except where-

(a) it is not possible to upload a given document to the online system referred to in Practice Direction 41F, for example because the online system is not accessible because of planned system maintenance or unplanned circumstances; or

(b) the court directs that a given document should be sent to the court by email rather than via the online system referred to in Practice Direction 41F.”.

Modification of Practice Direction 6A

8.1 After paragraph 4.1 insert-

“4.1A Paragraphs 4.2 to 4.6 also apply where-

(a) Practice Direction 41F applies; and

(b) service by the court-

(i) of an application is to be effected in accordance with paragraph 4.7; or

(ii) of a judgment or order is to be effected in accordance with rule 29.13(1A) FPR.

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 an application, judgment or order by the court sending by email a weblink from which the application, judgment or order may be accessed and downloaded.”.

8.2 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 41D or 41F that that party is willing to accept service by email and stating the email address for such service.” or;

(vi) a legal representative having registered on MyHMCTS (being the case management tool managed by HM Courts and Tribunals Service).”.

8.3 After paragraph 4.6 insert-

“4.7 Where Practice Direction 41F applies, service of an application  may be effected by the court sending to a party an email, to the address given for service in accordance with paragraph 4.2, containing a weblink from which the application may be accessed and downloaded.".

8.4 After paragraph 4.7 insert-

“Service by a party where Practice Direction 41F applies

4A.1 Paragraph 4A.2 applies where-

(a) Practice Direction 41F applies; and

(b) a party is required to effect service of a document on another party.

4A.2 Where this paragraph applies-

(a) paragraphs 4.2 to 4.6 apply; and

(b) service of a document may be effected by-

(i) the party filing the document to be served on the online system referred to in Practice Direction 41F; and

(ii) the court then sending each party to be served an email, to the address given for service in accordance with this Practice Direction 6A, containing a weblink from which the document may be accessed and downloaded.”