see also Part 2, Practice Direction 2B
Practice Direction – Hearings by a Single Justice of the PeaceThis Practice Direction supplements Part 2, rule 7(1)(c)(ii)(bb) of the Family Procedure (Adoption) Rules 2005
Functions of the court that may be dealt with by a single justice of the peace
1.1
Rule 7(1)(c) provides that a single justice of the peace who is a member of the family panel may deal with an application under section 41(2) (recovery orders) made without notice.
1.2
A single justice of the peace who is a member of the family panel may also perform the functions of the court listed in –
(a) column 2 of table 1 in accordance with the rules listed in column 1; and
(b) column 2 of table 2 in accordance with the paragraph of the practice direction listed in column 1.
Table 1
| Rule | Nature of function |
|---|---|
| 12(2)(a) to (c), (e), (g), (i), (j), (m) and (n) | Case management powers, in accordance with rule 13 (except paragraphs (5) and (7), if exercised of own initiative). |
| 14(b) | Step to be taken by court instead of court officer. |
| 20(3) | Direction that serial number be removed. |
| 21(1) and (2) | Direction to reveal personal details. |
| 23(2) | Direction that child be made a respondent. |
| 23(3) | Direction that any other person or body be made a respondent or cease to be a respondent. |
| 23(4) | Consequential directions following the addition or removal of a party. |
| 24(1)(a)(ii) | Set date for first directions hearing. |
| 24(1)(a)(vi) | Set date for final hearing. |
| 24(2)(a)(i) | Ask that relevant forms of consent to an adoption order or section 84 order be filed. |
| 24(2)(a)(ii) | Ask that the local authority prepare a report on the suitability of the prospective adopters. |
| 24(2)(b)(i) | Ask that the adoption agency file relevant forms of consent. |
| 24(2)(b)(ii) and (iii) | Ask that any statements made under section 20(4)(a) or (b) be filed. |
| 24(2)(b)(iv) | Ask that the adoption agency prepare a report on the suitability of the prospective adopters. |
| 24(3)(a) | Direction that local authority prepare report giving their reasons for placing the child for adoption. |
| 24(3)(b) | Ask that relevant forms of consent to the child being placed for adoption be filed. |
| 24(4) | Giving directions instead of setting date for first directions hearing. |
| 25 | Direction that first directions hearing may be more than 4 weeks after the date on which the application is issued. |
| 26(1) and (4) | Giving directions at first directions hearing. |
| 26(5) | Giving directions at any stage of the proceedings. |
| 26(6)(a) | Setting a date for a further directions hearing or other hearing. |
| 26(7) | Monitoring compliance with timetable and directions given. |
| 27(4)(b)(ii) | Direction that an application under rule 55(3) (litigation friend) be made. |
| 29(4) | Request to adoption agency or local authority for further report or for assistance. |
| 32(4) | Direction that person must attend final hearing. |
| 32(7) | Direction that child or applicant need not attend final hearing. |
| 34(b) | Direction that the provisions in Part 6 do not apply to the service of a document. |
| 35(3) | Direction that service be effected by an alternative method. |
| 36(1)(b) | Direction that document be served by someone other than court officer. |
| 36(2) | Decision as to which method of service to use. |
| 37(4) | Direction that document be served on child, protected party or some other person other than person specified in table. |
| 37(5) | Direction that, although document served on someone other than the person specified in table, it is to be treated as properly served. |
| 39 | Direction that service of a document is dispensed with. |
| 55(3) | Direction that an application under rule 55(3) (litigation friend) be made by a party. |
| 55(5) | Direction that person appointed as litigation friend will not be treated as a party for the purpose of any provision in the Rules regarding service. |
| 57(2) | Direction that court officer need not send application to protected party. |
| 59 | Appointment of children’s guardian. |
| 60(1)(a) | Recording reasons for refusal to appoint children’s guardian. |
| 61(1) and (2) | Terminating appointment of children’s guardian and recording the reasons for doing so. |
| 63(1) | Direction regarding investigations conducted by children’s guardian. |
| 63(3)(b) | Consideration that child of sufficient understanding to instruct a solicitor direct. |
| 64(2)(a) and (b) | Directions about children’s guardian performing duties and role in proceedings where child instructing solicitor direct. |
| 64(2)(c) | Giving permission for children’s guardian to have legal representation. |
| 65(1) | Direction that children’s guardian or solicitor need not attend directions hearing. |
| 65(3) | Direction that advice from children’s guardian to be given to the court in a particular way. |
| 65(4)(a) | Direction that children’s guardian need not file written report on the interests of the child. |
| 66(2)(b)(ii) | Direction that children’s guardian need not bring documents/records to attention of parties. |
| 68(5) | Terminating appointment of solicitor and recording the reasons for doing so. |
| 68(6) | Recording the appointment of or refusal to appoint a solicitor for the child. |
| 69 | Appointment of reporting officer. |
| 72(4) | Direction that reporting officer need not attend directions hearing. |
| 73(1) | Request to children and family reporter to prepare report on the welfare of the child. |
| 74(1) | Direction regarding investigations conducted by children and family reporter. |
| 74(3)(a) | Direction that children and family reporter need not attend directions hearing. |
| 77 | Direction that confidential report be disclosed to party. |
| 78(1)(a) | Giving permission to communicate information relating to proceedings held in private. |
| 78(1)(b) | Direction that information relating to proceedings held in private is not to be disclosed in accordance with the relevant practice direction. |
| 83 | Direction that document or order be open to inspection or given to any person. |
| 84(2) | Removing protected information from document before disclosing to adopted adult. |
| 85(1)(a) | Direction that translation of document may be provided by party other than the applicant. |
| 86(4)(c) | Direction that other person be a respondent to Part 9 application. |
| 87(2)(b) | Dispensing with requirement to file application notice. |
| 88(2)(c) | Giving permission to make Part 9 application without serving copy of application notice. |
| 92(c) | Direction that Part 9 application may be dealt with without hearing. |
| 93(2) | Direction that copy application and evidence need not be served with order on parties. |
| 97(3) | Direction that Part 10 application should continue as if the applicant had not used the Part 10 procedure and other directions as appropriate. |
| 99(4) | Directions about future management of Part 10 application once permission given. |
| 103(1)(b) | Giving permission to file and serve additional evidence before the hearing. |
| 103(3) | Direction that witness who has given written evidence attend for cross-examination. |
| 104(2) | Directions about future management of Part 10 application once acknowledgement of service received. |
| 106 | Giving permission to withdraw application. |
| 107(1)(b) | Giving permission to make application for recovery order without notice and giving directions re filing of application. |
| 107(2) | Direction that application for a recovery order be made on notice. |
| 112(1) | Direction that final order be sent in less than 7 days. |
| 112(1)(e) | Direction that contact order, or a variation or revocation of a contact order, is not sent. |
| 112(1)(f) | Giving permission to send notice of final order to other person. |
| 112(3) | Giving permission to send final order to other person. |
| 112(4) | Direction that order made in the course of proceedings is not sent. |
| 113(2) | Direction that application under rule 113 is served on particular person. |
| 126(2) | Direction about the service of witness statements on other parties. |
| 126(3) | Directions as to the order in which statements are to be served and whether or not witness statements are to be filed. |
| 131(3) | Direction that witness summary does not need to contain name and address of witness. |
| 131(4) | Direction that witness summary need not be filed within same period that witness statement is filed. |
| 138(3) | Direction about the service of evidence on other parties. |
| 138(8) | Direction that other parties be given opportunity to inspect evidence intended to be filed under rule 138. |
| 139(2) | Direction about the service of notice of intention to file evidence on a question of foreign law on other parties. |
| 149(2) | Direction about the service of notice to use deposition on other parties. |
| 157(1) | Giving permission to call expert or put in evidence an expert’s report. |
| 158 | Direction that expert’s evidence need not be given in written report. |
| 159(2)(c)(i) | Giving permission with regard to the written questions that can be put to expert. |
| 160(1) | Direction that evidence on an issue be given by one joint expert. |
| 160(3) | Selection of joint expert or direction that expert be selected in particular manner. |
| 161(3) | Directions about expert’s fees and inspection, examination or experiments expert wishes to carry out. |
| 162(1) | Direction that party prepare, file and serve document recording information which other party has no access to. |
| 165 | Direction about discussions between experts. |
| 167(2) | Direction that expert requesting directions from court need not provide request for directions to party instructing him and other parties. |
| 167(3) | Direction about service, on parties, of directions given to expert. |
| 168(3) | Direction about service of notice of change of solicitor on other parties. |
| 169(2)(a) | Direction that notice of an application under rule 169 need not be given to party for whom the solicitor is acting. |
| 169(3)(a) | Direction about service of order made under rule 169 on other parties. |
| 170(2) | Direction that notice of an application under rule 170 need not be given to the party to whose solicitor the application relates. |
| 170(3)(a) | Direction about service of order made under rule 170 on other parties. |
Table 2
| Paragraph | Nature of function |
|---|---|
| Practice Direction supplementing Part 2, rule 9(4) | |
| 2.3 | Direction that document need not be deposited in the office of court which ordered it to be lodged. |
| 2.4 | Giving permission for document to be taken out of the court office in which it was filed or lodged. |
| Practice Direction supplementing Part 5, rule 24(1)(b)(ii) | |
| 1 | Direction that application form be sent to any other person. |
| Practice Direction supplementing Part 8, rule 78 | |
| 1.2 | Direction that information may not be communicated in accordance with the practice direction. |
| Practice Direction supplementing Part 9 | |
| 2.5, 2.6 and 8.2 | Direction about filing of evidence. |
| 2.9 | Direction given when reviewing conduct of case. |
| 4 | Direction about service of application. |
| 5.1 | Direction that application or part of application be dealt with by telephone hearing and any directions about that hearing. |
| 7 | Recording brief details of proceedings before the court. |
| 8.4 | Direction about service of respondent’s evidence. |
| 8.5 | Direction about service of any evidence applicant files in reply to respondent’s evidence. |
| 8.6 | Direction about filing of exhibits. |
| Practice Direction supplementing Part 10 | |
| 4.1 | Directions immediately Part 10 application issued. |
| 4.2 | Directions for disposal of Part 10 application. |
| 4.4 | Convening a directions hearing. |
| 5.5 | Giving extension of time to serve and file evidence under rule 102. |
| Practice Direction supplementing Part 15 | |
| 15.4 | Directions about exhibits where they are unable to be served on account of their bulk. |
| 25.1 | Directions about bundles for hearings. |
| Annex 3 | Direction that part of proceedings be dealt with by means of video conferencing and related directions. |
| Practice Direction supplementing Part 17 | |
| 4 | Giving permission to cross-examine an expert on the contents of his instructions. |
