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see also Part 10

# Practice Direction – Alternative Procedure for Applications This Practice Direction supplements Part 10 of the Family Procedure (Adoption) Rules 2005

## Types of application in which Part 10 procedure may be used

### 1.1

An applicant must use the Part 10 procedure if the application is for an order under –

(a) section 60(3), to prevent disclosure of information to an adopted person;

(b) section 79(4), to require the Registrar General to provide information; or

(c) rule 108, to request directions of the High Court regarding fathers without parental responsibility.

### 1.2

An applicant may use the Part 10 procedure if Part 9 does not apply and if –

(a) there is no prescribed form in which to make the application; or

(b) he seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact.

### 1.3

An applicant may also use the Part 10 procedure if a practice direction permits or requires its use for the type of proceedings concerned.

### 1.4

The practice directions referred to in paragraphs 1.3 may in some respects modify or disapply the Part 10 procedure and, where that is so, it is those practice directions that must be complied with.

### 1.5

The types of application for which the Part 10 procedure may be used include an application for an order or direction which is unopposed by each respondent before the commencement of proceedings and the sole purpose of the application is to obtain the approval of the court to the agreement.

### 1.6

The court may at any stage order the application to continue as if the applicant had not used the Part 10 procedure and, if it does so, the court will give such directions as it considers appropriate.

## The application

### 2.1

Where an applicant uses the Part 10 procedure, application form FP1 should be used and must state the matters set out in rule 98 and, if paragraphs 1.3 or 1.4 apply, must comply with the practice direction in question. In particular, the application must state that Part 10 applies. A Part 10 application means an application which so states.

### 2.2

An application –

(a) in accordance with rule 108, to ask the High Court for directions on the need to give a father without parental responsibility notice of the intention to place a child for adoption; or

(b) under section 60(3), for an order to prevent disclosure of information to an adopted person

may be issued without naming a respondent.

## Responding to the application

### 3.1

Where a respondent who wishes to respond to a Part 10 application is required to file an acknowledgement of service, that acknowledgement of service should be in form FP5 but can, alternatively, be given in an informal document such as a letter.

### 3.2

Rule 100 sets out provisions relating to an acknowledgement of service of a Part 10 application.

### 3.3

Rule 101 sets out the consequence of failing to file an acknowledgement of service.

### 3.4

Where a respondent believes that the Part 10 procedure should not be used because there is a substantial dispute of fact or, as the case may be, because its use is not authorised by any rule or practice direction, he must state his reasons in writing when he files his acknowledgement of service.

## Managing the application

### 4.1

The court may give directions immediately a Part 10 application is issued either on the application of a party or on its own initiative. The directions may include fixing a hearing date where –

(a) there is no dispute; or

(b) where there may be a dispute but a hearing date could conveniently be given.

### 4.2

Where the court does not fix a hearing date when the application is issued, it will give directions for the disposal of the application as soon as practicable after each respondent has acknowledged service of the application or, as the case may be, after the period for acknowledging service has expired.

### 4.3

Certain applications may not require a hearing.

### 4.4

The court may convene a directions hearing before giving directions.

## Evidence

### 5.1

An applicant wishing to rely on written evidence should file it with his Part 10 application (unless the evidence is contained in the application form itself).

### 5.2

Evidence will normally be in the form of a witness statement or an affidavit but an applicant may rely on the matters set out in the application provided that it has been verified by a statement of truth.

### 5.3

A respondent wishing to rely on written evidence should file it with his acknowledgement of service.

### 5.4

Rule 102 sets out the times and provisions for filing and serving written evidence.

### 5.5

The court may give a party an extension of time to serve and file evidence under rule 102 or may give permission to serve and file additional evidence under rule 103(1).

Published by TSO on behalf of the Ministry of Justice

Applications to reproduce the material in this value added publication should be addressed to Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey, TW9 4DU.

An application can be made via the OPSI website (opens in a new window) or by e-mailing: licensing@opsi.gov.uk

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