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## Family Procedure Rules 2010

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# PRACTICE DIRECTION 12M – FAMILY ASSISTANCE ORDERS: CONSULTATION

## 1.1

This Practice Direction applies to any family proceedings in the High Court, a county court or a magistrates' court in which the court is considering whether to make a family assistance order under section 16 of the Children Act 1989, as amended (‘the 1989 Act’). It has effect from 1st October 2007.

## 1.2

Before making a family assistance order the court must have obtained the opinion of the appropriate officer about whether it would be in the best interests of the child in question for a family assistance order to be made and, if so, how the family assistance order could operate and for what period.

## 1.3

The appropriate officer will be an officer of the Service, a Welsh family proceedings officer or an officer of a local authority, depending on the category of officer the court proposes to require to be made available under the family assistance order.

## 1.4

The opinion of the appropriate officer may be given orally or in writing (for example, it may form part of a report under section 7 of the 1989 Act).

## 1.5

Before making a family assistance order the court must give any person whom it proposes be named in the order an opportunity to comment upon any opinion given by the appropriate officer.

## 1.6

Issued by the President of the Family Division, as the nominee of the Lord Chief Justice, with the agreement of the Lord Chancellor.

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