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Hershman and McFarlane: Children Law and Practice
Authors: Andrew McFarlane, Madeleine Reardon, and Alexander Laing
Publication Date: December 2024
Publisher: Bloomsbury Professional
Copyright: 2024 Bloomsbury Professional
Law As Stated At: 1 September 2024
Hershman and McFarlane: Children Law and Practice
Authoritative, comprehensive, practical and written by three leading child lawyers, advised by a board of eminent child law experts, Hershman and McFarlane: Children Law and Practice is firmly established as the leading reference work on the subject and is available as both a print and online subscription.
Conceived and written around the Children Act 1989, the work is regularly commended for its user-friendly approach and for concentrating on the issues that really matter in both public and private law. Clear narrative is complemented by numerous time-saving checklists, procedural tables and flow-charts. Relevant statutory materials are included and the whole work is extensively cross-referenced.
Up to date to Issue 100, December 2024
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Contents
- Updating Issue 100 December 2024
- Foreword
- Dedication
- Preface
- Preface to Update 39
- Preface to Update 60
- Acknowledgements
- Close sectionTable of Cases
- Table of CP, CPR, FPR and SC Practice Directions
- Table of International Matters
- Table of Judicial Practice Directions
- Table of Statutes
- Table of Statutory Instruments
- Close sectionDivision A Parental Status and Parental Responsibility
- Close sectionDivision B Private Law Proceedings
- Close sectionSection 1: Jurisdiction
- 1 Overview of Jurisdiction
- 2 The United Kingdom’s departure from the European Union
- 3 Habitual residence
- 4 Jurisdiction under the Family Law Act 1986
- 5 Brussels II Revised
- 6 The 1996 Hague Convention on the Protection of Children
- 7 Forum conveniens
- 8 The ‘Family Court’ and ‘family proceedings’
- 9 Commencement of family proceedings
- 10 Family Procedure Rules 2010
- Close sectionSection 2: The Welfare of the Child
- Close sectionSection 3: Section 8 Orders
- Close sectionSection 4: Applications for Section 8 Orders
- Close sectionSection 5: The role of Cafcass
- Close sectionSection 6: Special Guardianship
- Close sectionSection 7: The Inherent Jurisdiction of the High Court
- Close sectionSection 8: The Mental Capacity Act 2005
- 1: Introduction
- 2: MCA 2005: the key principles
- 3 Scope of jurisdiction under MCA 2005
- 4: The Court of Protection
- 5: Appointment of a deputy
- 6: Lasting power of attorney
- 7: The Office of the Public Guardian
- 8: Independent Mental Capacity Advocate (IMCA)
- 9: The care of persons lacking capacity
- 10 Deprivation of liberty
- 11: Advance decisions to refuse treatment
- 12: The Mental Capacity Act Code of Practice
- Close sectionSection 9: Forced Marriage and Female Genital Mutilation
- Close sectionSection 10: Enforcement
- Close sectionSection 1: Jurisdiction
- Close sectionDivision C Public Law Proceedings
- Close sectionSection 1: Jurisdiction
- Close sectionSection 2: Protection Provisions
- Close sectionSection 3: Care Orders
- Close sectionSection 4: Supervision Orders
- Close sectionSection 5: The Children’s Guardian
- 1: Definitions
- 2: The appointment of a children’s guardian
- 3: Responsibilities of the children’s guardian in specified proceedings
- 4: Local authority responsibility to the children’s guardian
- 5: Termination of appointment of children’s guardian
- 6: The appointment of a solicitor for the child
- 7: Responsibilities of the solicitor for the child in specified proceedings
- 8: Litigation friend or children’s guardian in non-specified proceedings
- 9: Service of documents
- Close sectionSection 6: Evidence
- Close sectionSection 7: The Mental Health Act 1983
- Close sectionDivision D Adoption
- Close sectionSection 1: Adoption: Key Principles
- Close sectionSection 2: Adoption Services
- Close sectionSection 3: Placing a Child for Adoption
- Close sectionSection 4: Adoption and Children Act 2002 Proceedings
- Close sectionSection 5: Consequences of an Adoption Order
- Close sectionSection 6: Adoptions with an International Element
- Close sectionSection 7: Transitional Provisions
- Close sectionDivision E Appeals and Judicial Review
- Close sectionDivision F Local Authority Responsibility
- Close sectionSection 1: Introduction
- Close sectionSection 2: Provision of Services
- 1: Introduction
- 2: Children in need
- 3: Specific services for children in need
- 4: Services for all children
- 4A: Summary of provision of services by local authority in England ‘where appropriate’
- 5: Payment for services
- 6: Registration of persons providing day care and child minders
- 7: Advise, assist and befriend
- 8: Inspection and improvement of children’s services
- 9: Provision of services in Wales
- Close sectionSection 3: Provision of Accommodation
- Close sectionSection 4: Other Responsibilities of the Local Authority
- Close sectionSection 5: Child in Care
- Close sectionSection 6: Challenging the Local Authority
- Introduction
- 1: Civil proceedings
- 2: The power of veto
- 3: Representations and complaints
- 3A: Representation procedure: check-chart
- 4: The powers of the Secretary of State
- 5: Children’s Commissioner
- 6: Complaint to the Ombudsman
- 7: Complaint to court under the Children Act 1989
- 8: Wardship: the inherent jurisdiction of the High Court
- 9: Judicial review
- 10: Habeas corpus
- 11: A claim under the Human Rights Act 1998
- Close sectionSection 7: Ceasing to Look After the Child
- Close sectionDivision G Child Abduction and Injunctions
- Close sectionSection 1: Child Abduction within England and Wales
- Close sectionSection 2: Child Abduction within the UK
- Close sectionSection 3: Abduction of children from England and Wales to an overseas jurisdiction
- Close sectionSection 4: Child Abduction between Convention Countries
- Close sectionSection 5: Child Abduction and Non-Convention Countries
- Close sectionSection 6: Injunctions
- Close sectionDivision H Fostering and Family Placement
- Close sectionDivision I Non-Statutory Materials
- Close sectionSection 1: Practice Notes and Guidance
- Close sectionSection 2: Public Funding (Legal Aid)
- Close sectionSection 3: International Conventions
- Contracting States to the Convention on the Civil Aspects of International Child Abduction (The Hague, 25 October 1980)
- Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000
- Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measure for protection of children1
- Practice Guide for the Application of the Brussels IIa Regulation
- Explanatory Report by Elisa Pérez-Vera Translation of the Permanent Bureau
- Contracting States to the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (The Hague, May 1993)
- Countries/Territories Listed in the Adoption (Recognition of Overseas Adoptions) Order 2013
- UN Convention on the Rights of the Child
- Close sectionSection 4: Extradition Treaties
- Close sectionSection 5: Addresses
- Close sectionDivision J Statutes
- Close sectionChildren and Young Persons Act 1933
- Part I:: Prevention of Cruelty and Exposure to Moral and Physical Danger
- Part III:: Protection of Children and Young Persons in Relation to Criminal and Summary Proceedings
- Part VI:: Supplemental
- First Schedule: Offences Against Children and Young Persons, with Respect to Which Special Provisions of This Act Apply
- Close sectionMarriage Act 1949
- Close sectionBirths and Deaths Registration Act 1953
- Close sectionSexual Offences Act 1956
- Close sectionAdministration of Justice Act 1960
- Close sectionAbortion Act 1967
- Close sectionDomestic and Appellate Proceedings (Restriction of Publicity) Act 1968
- Close sectionFamily Law Reform Act 1969
- Close sectionChildren and Young Persons Act 1969
- Close sectionLocal Authority Social Services Act 1970
- 1 Local authorities
- [1A Meaning of ‘social services functions’
- 2
- 3
- 3A
- 4
- 5
- 6 The director of social services
- 7 Local authorities to exercise social services functions under guidance of Secretary of State
- [7A Directions by the Secretary of State as to exercise of social services functions
- [[7B
- [7C Inquiries
- [7D Default powers of Secretary of State as respects social services functions of local authorities
- [7E Grants to local authorities in respect of social services for the mentally ill
- 13 Orders and regulations
- 15 Citation, interpretation, commencement and extent
- [Schedule 1: Social Services Functions]1
- Close sectionMatrimonial Causes Act 1973
- Close sectionDomicile and Matrimonial Proceedings Act 1973
- Close sectionAdoption Act 1976
- Close sectionLegitimacy Act 1976
- [A1 Legitimacy of children of civil partners
- 1 Legitimacy of children of certain void marriages [and civil partnerships]4
- 2 Legitimation by subsequent marriage [or civil partnership]2 of [mother and father]1
- [2A Legitimation by subsequent [marriage or]2 civil partnership of parents
- 3 Legitimation by extraneous law
- 4 Legitimation of adopted child
- 5 Rights of legitimated persons and others to take interests in property
- 6 Dispositions depending on date of birth
- 7 Protection of trustees and personal representatives
- 8 Personal rights and obligations
- 9 Re-registration of birth of legitimated person
- 10 Interpretation
- 11 Savings, amendments and repeals
- 12 Short title, commencement and extent
- Schedule 1: : Savings and Consequential Amendments
- Close sectionDomestic Proceedings and Magistrates’ Courts Act 1978
- Close sectionMagistrates’ Courts Act 1980
- Close section[Senior Courts Act 1981]1
- Close sectionMental Health Act 1983
- Close sectionChild Abduction Act 1984
- Close sectionCounty Courts Act 1984
- Close sectionMatrimonial and Family Proceedings Act 1984
- Close sectionSurrogacy Arrangements Act 1985
- Close sectionChild Abduction and Custody Act 1985
- Part I:: International Child Abduction
- Part II:: Recognition and Enforcement of Custody Decisions
- Part III:: Supplementary
- Schedule 1: : Convention on The Civil Aspects of International Child Abduction
- Schedule 2: : European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children
- Schedule 3: : Custody Orders
- Close sectionFamily Law Act 1986
- Close sectionFamily Law Reform Act 1987
- Close sectionMatrimonial Proceedings (Transfers) Act 1988
- Close sectionAccess to Medical Reports Act 1988
- 1 Right of access
- 2 Interpretation
- 3 Consent to applications for medical reports for employment or insurance purposes
- 4 Access to reports before they are supplied
- 5 Consent to supplying of report and correction of errors
- 6 Retention of reports
- 7 Exemptions
- 8 Application to the court
- 9 Notifications under this Act
- 10 Short title, commencement and extent
- Close sectionChildren Act 1989
- Part I:: Introductory
- Part II:: Orders With Respect to Children in Family and Other Proceedings
- Part III:: [Support for Children and Families Provided by Local Authorities in England]1
- Part IV:: Care and Supervision
- Part V:: Protection of Children
- Part VI:: Community Homes
- Part VII:: Voluntary Homes and Voluntary Organisations
- Part VIII:: Registered Children’s Homes
- Part IX:: Private Arrangements for Fostering Children
- Part X:: Child minding and day care for young children
- [Part XA3: Child Minding and Day Care for Children in […2 Wales]1
- Part XI:: Secretary of State’s Supervisory Functions and Responsibilities
- Part XII:: Miscellaneous and General
- [Schedule A1: Enforcement Orders
- Schedule 1: : Financial Provision for Children
- Schedule 2: : [Support for Children and Families Provided by Local Authorities in England]13
- Schedule 3: : Supervision Orders
- Schedule 4: : Management and Conduct of Community Homes
- Schedule 5: : Voluntary Homes and Voluntary Organisations
- Schedule 6: : [Private Children’s Homes]1
- Schedule 7: : Foster Parents: Limits on Number of Foster Children
- Schedule 8: : Privately Fostered Children
- [Schedule 9A: Child Minding and day Care for Young Children [in Wales]15
- Schedule 10:
- Schedule 11: : Jurisdiction
- Schedule 14: : Transitional and Savings
- Schedule 15: : Repeals
- Close sectionAccess to Health Records Act 1990
- Close sectionHuman Fertilisation and Embryology Act 1990
- Principal terms used
- Activities governed by the Act
- The Human Fertilisation and Embryology Authority, its functions and procedure
- Scope of licences
- Licence conditions
- Grant, revocation and suspension of licences
- Directions and guidance
- Status
- Information
- [Mitochondrial donation
- [Fees
- Conscientious objection
- Enforcement
- Offences
- Miscellaneous and General
- Schedule 1: : The Authority: Supplementary Provisions
- Schedule 2: : Activities for Which Licences may be Granted
- Schedule 3: : Consents to Use of Gametes [or Storage of Gametes, Embryos or Human Admixed Embryos etc]1
- [Schedule 3ZA: Circumstances in which Offer of Counselling Required as Condition of Licence for Treatment
- [Schedule 3A: Supplementary Licence Conditions: Human Application
- [Schedule 3AA: Requirements where gametes or embryos imported from third country
- [Schedule 3B: Inspection, Entry, Search and Seizure
- Close sectionFamily Law Act 1996
- Close sectionProtection from Harassment Act 1997
- Close sectionCrime and Disorder Act 1998
- Close sectionHuman Rights Act 1998
- Close sectionAdoption (Intercountry Aspects) Act 1999
- Close sectionProtection of Children Act 1999
- Close sectionCare Standards Act 2000
- Close sectionCriminal Justice and Court Services Act 2000
- Close sectionAdoption and Children Act 2002
- Part I:: Adoption
- Part 2:: Amendments of The Children Act 1989
- Part 3:: Miscellaneous and Final Provisions
- Schedule 1: : Registration of Adoptions
- Schedule 2: : Disclosure of Birth Records by Registrar General
- Schedule 3: : Minor and Consequential Amendments
- Schedule 4: : Transitional and Transitory Provisions and Savings
- Schedule 5: : Repeals
- Schedule 6: : Glossary
- Close sectionCriminal Justice Act 2003
- Close sectionHuman Fertilisation and Embryology (Deceased Fathers) Act 2003
- Close sectionChildren Act 2004
- Part 1:: Children’s Commissioner
- Part 2:: Children’s Services in England
- Part 3:: Children’s Services in Wales
- Part 4:: Advisory and Support Services for Family Proceedings
- Part 5:: Miscellaneous
- Part 6:: General
- Schedule 1: : Children’s Commissioner
- Schedule 2: : Director of Children’s Services: Consequential Amendments
- Schedule 3: : Advisory and Support Services for Family Proceedings
- Schedule 4: : Child Minding and Day Care
- Schedule 5: : Repeals
- Close sectionMental Capacity Act 2005
- Part 1:: Persons who lack capacity
- Part 2:: The Court of Protection and the Public Guardian
- Part 3:: Miscellaneous and general
- [Schedule A1: Hospital and Care Home Residents: Deprivation of Liberty
- Schedule 1: : Lasting Powers of Attorney: Formalities
- [Schedule 1A: Persons Ineligible to be Deprived of Liberty by this Act
- Schedule 2: : Property and Affairs: Supplementary Provisions
- Schedule 3: : International Protection of Adults
- Schedule 4: : Provisions Applying to Existing Enduring Powers of Attorney
- Schedule 5: : Transitional Provisions and Savings
- Schedule 6: : Minor and Consequential Amendments
- Schedule 7: : Repeals
- Close sectionChildren and Adoption Act 2006
- Close sectionHuman Fertilisation and Embryology Act 2008
- Close sectionChildren and Families Act 2014
- Close sectionChildren and Young Persons Act 1933
- Close sectionDivision K Statutory Instruments
- Close sectionBlood Tests (Evidence of Paternity) Regulations 1971
- 1 Citation and commencement
- 2 Interpretation
- 3 Direction form
- 4 [Subject who is under 16 or a protected party to be accompanied to sampler]1
- 5 [Obtaining]2 of samples
- 6 Sampling procedure
- 7 Despatch of samples to tester
- 8 Procedure where sampler nominated is unable to take the samples
- [8A Accreditation
- 9 Testing of samples
- 10 Report by tester
- 11 Procedure where tests not made
- 12 Fees
- Schedule 1
- Schedule 2
- Magistrates’ Courts (Blood Tests) Rules 1971
- Close sectionAdoption (Designation of Overseas Adoptions) Order 1973
- Close sectionMagistrates’ Courts Rules 1981
- Close sectionCounty Court Rules 1981
- Close sectionAdoption Agencies Regulations 1983
- 1 Citation, commencement, extent and interpretation
- 2 […]1 3 […]1
- 4 Application of regulations to certain adoption agencies
- [5 Establishment of adoption panel and appointment of members
- [5A Tenure of office of members
- [5B Establishment of new panels on 1st November 1997
- 6 Adoption agency arrangements for adoption work
- 7 Adoption agency’s duties in respect of a child and his parents or guardian
- 8 Adoption agency’s duties in respect of a prospective adopter
- [8A Criminal convictions of a prospective adopter
- 9 Adoption agency’s duties in respect of proposed placement
- 10 Adoptive panel functions
- 11 Adoption agency decisions and notifications
- [11A Adoption agency decisions and notifications – prospective adopters
- 12 Placement for adoption
- 13 Review of case where no placement made within six months of freeing for adoption
- [13A Information on adoption
- 14 Confidentiality and preservation of case records
- 15 Access to case records and disclosure of information
- 16 Transfer of case records
- [17 Progress reports under section 19 of the Act
- [17A Local authority reports in non agency cases
- 18 Revocations
- Schedule 1
- Part I: Particulars Relating to the Child
- Part II: Matters to be Covered in Report on The Child’s Health
- Part III: Particulars Relating to Each Natural Parent, Including Where Appropriate the Father of an Illegitimate Child
- Part IV: Particulars Relating to the Health of Each Natural Parent Including Where Appropriate the Father of an Illegitimate Child
- Part V: Particulars Relating to a Guardian
- Part VI: Particulars Relating to the Prospective Adopter
- Part VII: Matters to be Covered in Report on Health of the Prospective Adopter
- [Part VIII Considerations to be Included in Review
- [Schedule 2 Offences in England and Wales
- Close sectionMagistrates’ Courts (Child Abduction and Custody) Rules 1986
- 1 Citation and commencement
- 2 Interpretation
- 3 Stay of proceedings pending in a magistrates’ court
- 4 Dismissal of complaint
- 5 Resumption of proceedings after stay
- 6 Further stay of proceedings or dismissal of complaint
- 7 Notice of registration of order in respect of a child
- 8 Authenticated copy of magistrates’ court order
- 9 Application for declaration of unlawful removal of a child
- Close sectionChild Abduction and Custody (Parties to Conventions) Order 1986
- Magistrates’ Courts (Family Law Act 1986) Rules 1988
- Close sectionAbortion Regulations 1991
- Close sectionEmergency Protection Order (Transfer of Responsibilities) Regulations 1991
- Close sectionParental Responsibility Agreement Regulations 1991
- Close sectionChildren (Secure Accommodation) Regulations 1991
- 1 Citation[, commencement and extent]1
- [1A Disapplication to Wales
- 2 Interpretation
- [3 Approval by Secretary of State of secure accommodation in a children’s home
- 4 Placement of a child aged under 13 in secure accommodation in a [children’s home]2
- 5 Children to whom section 25 of the Act shall not apply
- [5A
- 6 Detained and remanded children to whom section 25 of the Act shall have effect subject to modifications
- 7 Children to whom section 25 of the Act shall apply and have effect subject to modifications
- 8 Applications to court
- 9 Duty to give information of placement in [children’s homes]1
- 10 Maximum period in secure accommodation without court authority
- 11 Maximum initial period of authorisation by a court
- 12 Further periods of authorisation by a court
- 13 Maximum periods of authorisation by court for remanded children
- 14 Duty to inform parents and others in relation to children in secure accommodation in a [children’s home]1
- 15 Appointment of persons to review placement in secure accommodation in a [children’s home]2
- 16 Review of placement in secure accommodation in a [children’s home]2
- 17 Records to be kept in respect of a child in secure accommodation in a [children’s home]1
- 18 …1
- 19 Revocation of Secure Accommodation (No 2) Regulations 1983 and the Amendment Regulations
- Close sectionRefuges (Children’s Homes and Foster Placements) Regulations 1991
- Close sectionFamily Law Act 1986 (Dependent Territories) Order 1991
- Close sectionHuman Fertilisation and Embryology Authority (Licence Committees and Appeals) Regulations 1991
- Close sectionChildren and Young Persons (Designation of Isle of Man Orders) Order 1991
- Close sectionChildren (Prescribed Orders – Northern Ireland, Guernsey and Isle of Man) Regulations 1991
- 1 Citation, commencement, interpretation and extent
- 2 Transfer of care orders from England and Wales to Northern Ireland
- [2A Transfer of care orders to England and Wales from Northern Ireland
- [3 Transfer of care orders to England and Wales from the Isle of Man
- 4 Transfer of care orders from England and Wales to the Isle of Man
- 5 Transfer of care orders from England and Wales to Guernsey
- [6 Transfer of recovery orders from England and Wales to Northern Ireland
- [6A Transfer of recovery orders to England and Wales from Northern Ireland
- [7 Transfer of recovery orders to England and Wales from the Isle of Man
- 8 Amendments to Children and Young Persons Act 1969
- Close sectionChildren (Secure Accommodation) (No 2) Regulations 1991
- Close sectionChild Maintenance (Written Agreements) Order 1993
- Close sectionChildren (Admissibility of Hearsay Evidence) Order 1993
- Close sectionHigh Court (Distribution of Business) Order 1993
- Close sectionAccess to Health Records (Control of Access) Regulations 1993
- Close sectionFamily Proceedings Courts (Child Support Act 1991) Rules 1993
- Close sectionChildren (Reciprocal Enforcement of Prescribed Orders etc. (England and Wales and Northern Ireland)) (Scotland) Regulations 1996
- 1 Citation, commencement, interpretation and extent
- 2 Transfer of care etc. orders from England and Wales to Scotland
- 3 Transfer of care etc. orders from Northern Ireland to Scotland
- 4 Transfer of supervision requirements etc from Scotland to England and Wales
- 5 Transfer of supervision requirements etc from Scotland to Northern Ireland
- Schedule 1: Orders Made by Court in England and Wales Corresponding to Supervision Requirement
- Schedule 3: Orders Made by Court in Northern Ireland Corresponding to Supervision Requirement
- Schedule 4
- Schedule 5
- Close sectionCivil Procedure Rules 1998
- Close sectionData Protection (Subject Access Modification) (Social Work) Order 2000
- Close sectionData Protection (Miscellaneous Subject Access Exemptions) Order 2000
- Close sectionProtection of Children (Access to Lists) (Prescribed Individuals) Regulations 2000
- Close sectionChildren and Family Court Advisory and Support Service (Conduct of Litigation and Exercise of Rights of Audience) Regulations 2001
- Close sectionDisqualification from Caring for Children (England) Regulations 2002
- Close sectionIntercountry Adoption (Hague Convention) Regulations 2003
- Part 1:: General
- Part 2:: Requirements, Procedure, Recognition and Effect of Adoption in England and Wales Where the United Kingdom is the Receiving State
- Part 3:: Requirements and Procedure in England and Wales Where the United Kingdom is the State of Origin
- Part 4:: Miscellaneous
- Schedule 1: Certificate of eligibility and approval
- Schedule 2: Certificate that the Convention adoption order has been made in accordance with the Convention
- Schedule 3: Application, with modifications, of the provisions of the 1976 Act
- Schedule 4: Application, with modifications, of the provisions of the Adoption Agencies Regulations
- Close sectionVoluntary Adoption Agencies and Adoption Agencies (Miscellaneous Amendments) Regulations 2003
- Part I:: General
- Part II:: Registered Providers, Responsible Individuals and Managers
- Part III:: Conduct of Agencies
- Part IV:: Miscellaneous – Agencies
- [Part 4A: Provision of Adoption Support Services]1
- Schedule 1: Information to be Included in The Statement of Purpose
- Schedule 2: Information Required in Respect of The Responsible Individual or Persons Seeking to Manage or Work for The Purposes of an Agency
- Schedule 3: Records to be Kept in Relation to Each Person Working for the Purposes of the Agency
- Schedule 4: Events and Notifications
- Close sectionLocal Authority Adoption Service (England) Regulations 2003
- Part I:: General
- Part II:: Managers
- Part III:: Conduct of Local Authority Adoption Service
- Schedule 1: Information to be Included in the Statement of Purpose
- Schedule 2: Information to be Included in the Children’s Guide
- Schedule 3: Information Required in Respect of Persons Seeking to Manage or Work for the Purposes of the Adoption Service
- Schedule 4: Records to be Kept in Relation to Each Person Working for the Purposes of the Adoption Service
- Close sectionAdoption (Bringing Children into the United Kingdom) Regulations 2003
- 1 Citation, commencement and application
- 2 Interpretation
- 3 Requirements applicable in respect of bringing or causing a child to be brought into the United Kingdom
- 4 Duties of an adoption agency
- 5 Conditions applicable in respect of a child brought into the United Kingdom
- 6 Application of section 13 of the 1976 Act
- 7 Revocation
- Close sectionIndependent Review of Determinations (Adoption) Regulations 2004
- Close sectionHuman Fertilisation and Embryology Authority (Disclosure of Donor Information) Regulations 2004
- Close sectionEuropean Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005
- [1 Citation, commencement and extent
- [2
- [3 Amendments to the Domicile and Matrimonial Proceedings Act 1973
- 4
- [5 Amendments to the Supreme Court Act 1981
- [6 Amendments to the Child Abduction and Custody Act 1985
- [7
- [8 Amendments to the Family Law Act 1986
- [9
- [10
- [11
- [12
- [13
- [14
- [15
- [16
- [17
- [18
- [19 Amendments to the Matrimonial Causes (Northern Ireland) Order 1978
- [20 Transitional
- [21 Application
- [22 Revocations
- [23
- Close sectionAdoption Agencies Regulations 2005
- Part I:: General
- Part 2:: Adoption Agency – Arrangements for Adoption Work
- Part 3:: Duties of Adoption Agency Where the Agency is Considering Adoption for a Child
- [Part 4: Duties of Adoption Agency in Respect of a Prospective Adopter
- Part 5:: Duties of Adoption Agency in Respect of Proposed Placement of Child with Prospective Adopter
- Part 6:: Placement and Reviews
- Part 7:: Case Records
- Part 8:: Miscellaneous
- Schedule 1: Information
- [Schedule 1A: …2
- Schedule 2: Information and Documents to be Provided to the Cafcass or the National Assembly for Wales
- Schedule 3
- [Schedule 4
- [Schedule 4A: Modifications to Part 4
- [Schedule 4B: …2
- Schedule 5: Adoption Placement Plan
- Close sectionAdoptions with a Foreign Element Regulations 2005
- Close sectionAdoption Support Services Regulations 2005
- Close sectionDisclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005
- Close sectionAdoption Information and Intermediary Services (Pre-Commencement Adoptions) Regulations 2005
- Close sectionAdopted Children and Adoption Contact Registers Regulations 2005
- Part I:: General
- Part 2:: Adopted Children Register
- Part 3:: Adoption Contact Register
- Part 4:: Information from the Registers
- Part 5:: Revocations, Transitional Provisions and Savings
- Schedule 1: Form of Entry in the Adopted Children Register (England)
- Schedule 2: Form of Entry in the Adopted Children Register (Wales)
- Schedule 3: Prescribed Notice for Entry in Part 1 of the Adoption Contact Register
- Schedule 4: Prescribed Notice for Entry in Part 2 of the Adoption Contact Register
- Close sectionSpecial Guardianship Regulations 2005
- Close sectionChildren (Private Arrangements for Fostering) Regulations 2005
- 1: Citation, commencement and application
- 2: Interpretation
- 3: Notification of proposal to foster a child privately
- 4: Action to be taken by local authority on receipt of notification of proposal to foster a child privately
- 5: Notification by person already fostering a child privately
- 6: Notification of a child going to live with private foster carer
- 7: Action to be taken by local authority on receipt of notification about a child being fostered privately
- 8: Subsequent visits to children who are being fostered privately
- 9: Notification of change of circumstances
- 10: Notification of the end of a private fostering arrangement
- 11: Form of notification
- 12: Monitoring the discharge of functions under Part 9 of the Act
- 13: Revocation and transitional provision
- Schedule: 1 Information to be Provided in Notification
- Schedule: 2 Welfare of Children who are to be Fostered Privately
- Schedule: 3 Welfare of Children who are Fostered Privately
- Close sectionRestriction on the Preparation of Adoption Reports Regulations 2005
- Close sectionSuitability of Adopters Regulations 2005
- Close sectionAdoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005
- Part 1:: General
- Part 2:: Registered Providers, Responsible Individuals and Managers
- Part 3:: Conduct of Agencies
- Part 4:: Miscellaneous
- Part 5:: Fees, Frequency of Inspections and Registration
- Part 6:: Miscellaneous Amendments
- Schedule 1: Information to be Included in the Statement of Purpose
- Schedule 2: Information Required in Respect of the Responsible Individual or Persons Seeking to Manage or Work for the Purposes of an Agency
- Schedule 3: Records to be Kept in Relation to Each Person Working for the Purposes of the Agency
- Schedule 4: Events and Notifications
- Close sectionAdoption and Children Act 2002 (Commencement No 10 Transitional and Savings Provisions) Order 2005
- Close sectionLocal Authority (Adoption) (Miscellaneous Provisions) Regulations 2005
- Close sectionChildren Act 1989 Representations Procedure (England) Regulations 2006
- Court of Protection Rules 2007
- Close sectionFamily Proceedings Fees Order 2008
- Close sectionMental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008
- Allocation and Transfer of Proceedings Order 2008
- Close sectionIndependent Review of Determinations (Adoption and Fostering) Regulations: 2009
- Close sectionCare Planning, Placement and Case Review (England) Regulations 2010
- Part 1:: General
- Part 2:: Arrangements for looking after a child
- Part 3:: Placements – general provisions
- Part 4:: Provision for different types of placement
- Part 5:: Visits by the responsible authority’s representative etc
- Part 6:: Reviews of the child’s case
- Part 7:: Arrangements made by the responsible authority for ceasing to look after a child
- Part 8:: Independent reviewing officers and independent visitors
- [Part 8A: Application of these Regulations with modifications to children on remand
- Part 9:: Miscellaneous
- Schedule 1: Care plans
- Schedule 2: Matters to be dealt with in the placement plan
- [Schedule 2A: Matters to be dealt with in the detention placement plan
- Schedule 3: Matters to be taken into account when assessing the suitability of P to care for C
- Schedule 4: Matters to be taken into account when assessing the suitability of a connected person to care for C
- Schedule 5: Agreement with an independent fostering agency relating to the discharge of the responsible authority’s functions
- Schedule 6: [Matters to be considered before placing C in accommodation in accordance with other arrangements under section 22C(6)(d)]1
- Schedule 7: Considerations to which the responsible authority must have regard when reviewing C’s case
- Schedule 8: Matters to be dealt with in the pathway plan
- Schedule 9: Revocations
- Human Fertilisation and Embryology (Parental Orders) Regulations 2010
- Close sectionParental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010
- 1: Citation, commencement and extent
- 2: Interpretation
- 3: Power of court to remove stay under Article 8
- 4: Local authorities and Northern Ireland authorities: application to court to make request under Article 9
- 5: Local authorities: application for interim care order or supervision order
- 6: Northern Ireland authorities: application for interim care order or supervision order
- 7: …1
- 8: Judicial authorities
- 9: Central authorities
- 10: Requests for information by Central Authority where request received under Article 31(c)
- 11: …1
- 12: Power to request report on child’s situation
- 13: Local authorities and Northern Ireland authorities: requirement to provide a report
- 14: Power to respond to a request under Article 34
- 15: Northern Ireland: power of court to authorise disclosure
- 16: Services under Article 35
- 17: Amendments to other enactments
- Close sectionCare Leavers (England) Regulations 2010
- Close sectionVisits to Former Looked After Children in Detention (England) Regulations 2010
- Close sectionFamily Procedure Rules 2010
- Part 1:: Overriding Objective
- Part 2:: Application and Interpretation of the Rules
- Practice Direction – Practice Directions relating to Family Proceedings in force before 6th April 2011 which support the Family Procedure Rules 2010
- Practice Direction 2A – Functions of the Court in the Family Procedure Rules 2010 and Practice Directions which may be Performed by a Single [Lay Justice]2
- [Practice Direction 2B – References in the Rules to Actions Done by the Court or by a Court Officer
- [Practice Direction 2C – Justices’ legal adviser
- [Practice Direction 2D – Functions of the High Court which may be performed by a Specified Court Officer
- [Part 3: Non-court Dispute Resolution
- [Practice Direction 3A – Family Mediation Information and Assessment Meetings (MIAMS) [and Non-Court Dispute Resolution]2
- [Part 3A: Vulnerable Persons: Participation in Proceedings and Giving Evidence
- Practice Direction 3AA – Vulnerable Persons: Participation in Proceedings and Giving Evidence
- Practice Direction 3AB – Prohibition of cross-examination in person in family proceedings under Part 4B of the Matrimonial and Family Proceedings Act 1984
- Part 4:: General Case Management Powers
- Practice Direction 4A – Striking Out a Statement of Case
- Practice Direction 4B – Civil Restraint Orders
- Part 5:: [Forms, Start of Proceedings and Communication with the Court]1
- Practice Direction 5A: – Forms
- [Practice Direction 5B – Communication and Filing of Documents by E-Mail
- [Practice Direction 5C – Communications with the court
- Part 6:: Service
- Practice Direction 6A – Service within the Jurisdiction
- Practice Direction 6B – Service out of the Jurisdiction
- [Practice Direction 6C – Disclosure of Addresses by Government Departments
- [Part 7: Procedure for Applications in Matrimonial and Civil Partnership Proceedings]
- Part 8:: Procedure for Miscellaneous Applications
- Part 9:: Applications for a Financial Remedy
- Part 10:: Applications under Part 4 of the Family Law Act 1996
- Practice Direction 10A – Part 4 of the Family Law Act 1996
- Part 11:: Applications under Part 4A of the Family Law Act 1996 [or Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003]1
- Part 12:: [Children Proceedings]1 Except Parental Order Proceedings and Proceedings for Applications in Adoption, Placement and Related Proceedings
- [Practice Direction 12A – Care, Supervision and Other Part 4 Proceedings: Guide to Case Management
- [Practice Direction 12B – Child Arrangements Programme
- Practice Direction 12C – Service of Application in Certain Proceedings Relating to Children
- Practice Direction 12D – Inherent Jurisdiction (including Wardship) Proceedings
- Practice Direction 12E – Urgent Business
- Practice Direction 12F – International Child Abduction
- Practice Direction 12G – Communication of Information
- Practice Direction 12H – Contribution Orders
- Practice Direction 12I – Applications for Reporting Restriction Orders
- [Practice Direction 12J – Child Arrangements and Contact Orders: Domestic Abuse and Harm
- Practice Direction 12K – Children Act 1989: Exclusion Requirement
- Practice Direction 12L – Children Act 1989: Risk Assessments under Section 16A
- Practice Direction 12M – Family Assistance Orders: Consultation
- Practice Direction 12N – Enforcement of Children Act 1989 [Child Arrangements Orders]: Disclosure of Information to Officers of the National Probation Service (High Court and County Court)
- Practice Direction 12O – Arrival of Child in England by Air
- Practice Direction 12P – Removal from Jurisdiction: Issue of Passports
- [Practice Direction 12Q – Orders under section 91(14) of the Children Act 1989
- Part 13:: Proceedings under section 54 [or section 54A]2 of the Human Fertilisation and Embryology Act 2008
- Part 14:: Procedure for Applications in Adoption, Placement and Related Proceedings
- Practice Direction 14A – Who Receives a Copy of the Application Form for Orders in Proceedings
- Practice Direction 14B – The First Directions Hearing – Adoptions with a Foreign Element
- Practice Direction 14C – Reports by the Adoption Agency or Local Authority
- Practice Direction 14D – Reports by a Registered Medical Practitioner (‘Health Reports’)
- Practice Direction 14E – Communication of Information Relating to Proceedings
- Practice Direction 14F – Disclosing Information to an Adopted Adult
- Part 15:: Representation of Protected Parties
- Practice Direction 15A – Protected Parties
- [Practice Direction 15B – Adults who may be Protected Parties and Children who may become Protected Parties in Family Proceedings
- Part 16:: Representation of Children and Reports in Proceedings Involving Children
- Practice Direction 16A – Representation of Children
- Part 17:: Statements of Truth
- Practice Direction 17A – Statements of Truth
- Part 18:: Procedure for Other Applications in Proceedings
- Practice Direction 18A – Other Applications in Proceedings
- Part 19:: Alternative Procedure for Applications
- Practice Direction 19A – Alternative Procedure for Applications
- Part 20:: Interim Remedies and Security for Costs
- Part 21:: Miscellaneous Rules about Disclosure and Inspection of Documents
- Practice Direction 21A – Disclosure and Inspection
- Part 22:: Evidence
- Practice Direction 22A – Written Evidence
- Part 23: Miscellaneous Rules about Evidence
- Part 24: [Witnesses and Depositions Generally]2
- Practice Direction 24A – [Witnesses and Depositions Generally]1
- [Part 25: Experts and Assessors
- [Practice Direction 25A – Experts – Emergencies and Pre Proceedings Instructions
- [Practice Direction 25B – The Duties of an Expert, The Expert’s Report and Arrangements for an Expert to Attend Court
- [Practice Direction 25C – Children Proceedings – The Use of Single Joint Experts and the Process Leading to an Expert Being Instructed or Expert Evidence Being Put Before the Court
- [Practice Direction 25D – Financial Remedy Proceedings and Other Family Proceedings (Except Children Proceedings) – The Use of Single Joint Experts and the Process Leading to Expert Evidence Being Put Before the Court
- [Practice Direction 25E – Discussions Between Experts in Family Proceedings
- [Practice Direction 25F – Assessors in Family Proceedings
- [Practice Direction 25G – Toxicology Test Evidence
- Part 26:: Change of Solicitor
- Practice Direction 26A – Change of Solicitor
- Part 27:: Hearings and Directions Appointments
- [Practice Direction 27A – Family Proceedings: Court Bundles (Universal Practice to be applied in the High Court and Family Court)
- Practice Direction 27B – Attendance of Media Representatives [or Duly Authorised Lawyers]1 at Hearings in Family Proceedings (High Court and County Courts)
- [Practice Direction 27C – Attendance of IDVAs and ISVAs
- Part 28:: Costs
- Practice Direction 28A – Costs
- Part 29:: Miscellaneous
- Practice Direction 29A – Human Rights, Joining the Crown
- Practice Direction 29B – Human Rights Act 1998
- [Practice Direction 29C – Transfer of Proceedings from the Family Court to the High Court
- [Practice Direction 29D – Court Officers Making Corrections to Orders
- Part 30:: Appeals
- Practice Direction 30A – Appeals
- [Practice Direction 30B – Appeals – Transparency
- Part 31:: Registration of Orders under …2 […2]1 …2 the Hague Convention 1996
- Practice Direction 31A – Registration of orders under …2 […2]1 …2 the 1996 Hague Convention
- Part 32: Registration and Enforcement of Orders
- Part 33:: Enforcement
- Practice Direction 33A – Enforcement of Undertakings
- Part 35:: …1
- Part 36:: Transitional Arrangements and Pilot Schemes
- Practice Direction 36A – Transitional Arrangements
- Practice Direction 36G – Pilot Scheme, Procedure for Using an Online System to Generate Applications in Certain Private Law Proceedings Relating to Children
- [Practice Direction 36N – Pilot Scheme: Procedure for Online Filing and Progression of Certain Applications for[, or in Relation to]1 a Financial Remedy …1
- [Practice Direction 36P – Pilot Scheme: Placement Proceedings: Procedure for Specified Steps to be Taken via the Line System
- [Practice Direction 36V – Pilot Scheme: Family Mediation Voucher Scheme
- [Practice Direction 36Z – Pilot Scheme: Private Law Reform: Investigative Approach
- [Practice Direction 36ZA – Pilot Scheme: Procedure for Notification to the Police by Email of Certain Orders made under Part 4 of the Family Law Act 1996
- [Practice Direction 36ZC – Pilot Scheme: Procedure for Using an Online System to Complete Certain Proceedings for a Matrimonial Order or Civil Partnership Order (New Law)
- [Practice Direction 36ZD – Pilot Scheme: Online System for Certain Private Law Proceedings Relating to Children[, Certain Protective Orders and Certain Appeals]1
- [Practice Direction 36ZE – Pilot Provision: Temporary Modification of Practice Directions 2C, 5B, 12A and 12B
- [Practice Direction 36ZF – Pilot Scheme: Public Law Outline: Checklists
- [Practice Direction 36ZG – Part 3 of the Domestic Abuse Act 2021: Provision during Piloted Commencement
- [[Part 37: Applications and Proceedings in relation to Contempt of Court
- [[Practice Direction 37A – Applications and Proceedings in Relation to Contempt of Court
- [Part 38: Recognition and enforcement of protection measures
- [Practice Direction 38A – Recognition and Enforcement of Protection Measures
- [Part 39: Attachment of Earnings
- [Part 40: Charging Order, Stop Order, Stop Notice
- [Practice Direction 40A – Charging Orders, Stop Orders and Stop Notices
- [Part 41 Proceeding by Electronic Means
- [Practice Direction 41A – Proceedings by Electronic Means: Certain Proceedings for a Matrimonial Order
- [Practice Direction 41B – Proceeding by Electronic Means: Procedure for an Application for a Consent Order for a Financial Remedy in Connection with [Matrimonial or Civil Partnership]2 Proceedings
- [Practice Direction 41C – Proceeding by Electronic Means: Appeals in Family Proceedings Heard in the High Court
- [Practice Direction 41D – Proceeding by electronic means: public law proceedings and emergency proceedings relating to children
- [Practice Direction 41E – Procedure for using an online system to complete and file certain applications for an adoption order
- [Practice Direction 41F – Proceedings by Electronic Means: Placement Proceedings
- [Practice Direction 41G – Proceedings by Electronic Means: Certain Proceedings for a Matrimonial Order or Civil Partnership Order (New Law)
- Glossary
- Close sectionFostering Services (England) Regulations 2011
- Close sectionArrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011
- Part 1:: General
- Part 2:: Placements – general provisions
- Part: 3: Placements by a voluntary organisation with a foster parent
- Part 4:: Other Duties
- Part 5:: Reviews of children’s cases
- Part 6:: Miscellaneous
- Schedule 1: Considerations to which responsible authorities are to have regard
- Schedule 2: Matters to be included in a placement plan
- Schedule 3: Elements to be included in reviews
- Schedule 4: General considerations to which responsible authorities are to have regard in reviewing the child’s case
- Close sectionAdoption (Recognition of Overseas Adoptions) Order 2013
- Close sectionFamily Court (Composition and Distribution of Business) Rules 2014
- Close sectionAdoption and Children Act Register Regulations 2014
- Close sectionChildren’s Homes (England) Regulations 2015
- Close sectionCourt of Protection Rules 2017
- Part 1:: The overriding objective
- Part 2:: Interpretation and general provisions
- Part 3:: Managing the case
- Part 4:: Hearings
- Part 5:: Court documents
- Part 6:: Service of documents
- Part 7:: Notifying P
- Part 9:: How to start and respond to proceedings, and parties to proceedings
- Part 10:: Applications within proceedings
- Part 11:: Deprivation of liberty
- Practice Direction 11A – Deprivation of liberty applications
- Part 12:: Human rights
- Part 13:: Jurisdiction, withdrawal of proceedings, participation and reconsideration
- Part 14:: Admissions, evidence and depositions
- Part 15:: Experts
- Part 16:: Disclosure
- Part 17:: Litigation friends and rule 1.2 representatives
- Part 18:: Change of solicitor
- Part 19:: Costs
- Part 20:: Appeals
- [Part 21: Applications and proceedings in relation to contempt of court
- Part 22:: Civil restraint orders
- Part 23:: International protection of adults
- Part 24:: Miscellaneous
- Close sectionHuman Fertilisation and Embryology (Parental Orders) Regulations 2018
- 1 Citation, commencement, extent and interpretation
- 2 Application of certain provisions of the 2002 Act subject to modifications
- 3 Application of certain provisions of the 2007 Act subject to modifications
- 4 Application of certain provisions of [the 2022 Act]1 subject to modifications
- 5 References in enactments to be read as references to parental orders etc
- 6 Revocation and savings
- Schedule 1: Application and modification of the 2002 Act in respect of parental orders and applications for such orders
- Schedule 2: Application and modification of the 2007 Act in relation to parental orders and applications for such orders
- [Schedule 3: Application and modification of the 2022 Act in respect of parental orders and applications for such orders
- Schedule 4: References to adoption etc in enactments to be read as references to effect of parental order etc
- Close sectionJurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019
- Close sectionJurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) (No. 2) Regulations 2019
- Close sectionBlood Tests (Evidence of Paternity) Regulations 1971
- Close sectionIndex