Completing the Case Management Order

Hello. Welcome, everybody. Money was the mood on of a police to welcome you to taste bites. I session through data law as of October 2000 and 18 too late and I'm going to be speaking to you about drafting in public Children or cases and in particular complete in a case management order in readiness for both the case management hearing on also the issues resolution hearing now, as you imagine, this, of course, is a very important order. Onda. It really forms the basis when you're preparing it for the CMH, it forms the basis upon which the court is going to be dealing with the matter in readiness for not only rain the case, but also going forward in readiness for the higher age and or Saudi final hearing. So a country looking at the order on specifically somebody provision within it. Andi in particular will be looking at issues over capacity, jurisdiction and some of the other directions that are sort on the reasons for that. So just to put this into context, let's look at practice direction 12 A. Not a full title for that, as you know, is the care and supervision proceedings on other part four persons Guide to Case Management. So this is practice direction 12 a, which essentially is the pier low and insofar as this is concerned, this Will Inc of Applications for Care for Supervision Orders and also for education Supervision Orders on also discharge off care orders, in particular on Dadaab. Various documents that the local authority will be lodging in relation to an application for an interim care or care or drawer supervision, order or interim supervision order This first of the application form, which is deformed. See one on our way. Onda and of course, one would then set out a lot of information within that on. And it's also the annex documents which are next to that which will incorporate, for example, the Gina Graham. There's also a social chronology fix on port. A soldier in a statement and also a care plan is well, which accompanies that. So you concede as number documents will, which will often incorporate that in some areas, you know that there's actually a combined document which is put together called a sweat form. That's a social worker evidence template. And within that there is D. Yet the Gina ground. A social chronology, that statement and or Saudi Kaplan the local thought. It should also be filing, of course, current assessments that are done relation to the parents and also the family members, and also the index of checklist documents, which sets out those documents on the files, which need to be provided if some which need to be part off the year disclosures on which will be required provided if needed. On one of the documents which the parents lawyers of course will be providing is the parents Response document, which should be in normal and two pages containing firstly, a response to a threshold statement that the local authority is prepared and secondly, setting out details as to proposals, including the identity and whereabouts of friends and relatives that they wish to put forward, as well as information as to that person's capacity to litigate, including references to mental services and any adult services, for example, in that regard in so far as the actual case major here and get self is concerned, you know that this is going to then form the basis off lining up all the evidence in readiness for the issues are delusion here. You can also find a hearing at sort of. CMH is used, for example, to do it, confirming allocation jurisdiction, whether or not because jurisdiction to hear the case. For example, drawing rocked a timetable for the child, for example, on also dealing with issues relating to identifying key matters and really setting out a timetable for assessments. The court will also use the CME age for dealing with any applications for instruction of experts, for example, whether through Part 25 otherwise and also dealing with disclosure issues such as the party disclosure and also making directions for, for example, concurrent or proposed applications. Whether it's for a special guardianship for placement applications or otherwise to CMH will also be dealt with. But dealing with issues over, for example, line the matter of Felicia resolution here and also timetable again, final hearing and, if necessary, spent matters. Relations, special measures, participation directions, interpreters, Onda. Others saw a number of aspects which need to be looked at in that regard. Let's then look at the actual case management order itself, getting this ready then for the case manager hearing itself. Now, many of you will be aware that the former president of Family Division, Sir James Mumby, put together various orders throughout the course of 2000 and 18. And one of the sets of orders, which became available in early June this year, was the standard Children on other orders. And these, of course, available online on many lawyers are already utilizing these Onda here. There is a long set of various orders, which are available by way of draft order was which could be used on which will assist in so far as setting out the various clauses off orders that maybe sort of that hearing. So, for example, there is the order which relates to public law directions on orders at the case major hearing, for example, and you can see that doors over you have used this. This actually sets out the format off some of the key aspects that we need to consider. In addition to that, there is also the President library off public law case, Mandarin directions and orders, and this contains a library off various orders, specimen orders which may be used, and it's a question of really just picking the relevant ones going forward. Depending upon the case, you've got source to basically cut and paste those into the order that you're preparing. So if I therefore go to a public law directions and orders at the case manager hearing, you'll see that this has the same format as many of the other warders. He would set out the designated family court whereby the case is being heard. Setting out where it's sitting can also put the case number there. You need to set out the base, which Acti cases under, whether it's study Children activation 94 for care and supervision orders and others within the act, or whether or so the Adoption Children Act 2002 years relevant, i e. Whether, for example, placement application is being lodged. Always been proceed. Also, you need to set out details of her Children, the sex of a child and also to take the birth of a child. On also confirmation that this is the case manager order made by the particular judge at a particular hearing and also the case number. Now, one of the key provisions off this case mentioned Audrey's. You need to set out a timetable on a weak numbers or which we kiss it within the 26 weeks or beyond so that the court knows when this is being heard. One would then need to set out the parties and the representation of the hearing. So who don't applicant Local authorities represented by, for example, name of the barest or this list or the other legal representative when they contact details, details of who the parties are for the first respondent, a second respondent fade respondents and also any intravenous so details of who they are and whether they are represented and details of their legal representatives. Okay, And then there's a confidentiality notice. A swell on this under case metron holder, specifically setting out the point about the names off deep family and the Children. Of course, not to be disclosed without the court's permission. There's also the compliance notice, which effectively informs the parties that they must inform a judge as soon as we become aware that any direction cannot always has not been complied with in advance of extension. So that's very important. That provision, of course, to ensure compliance and therefore ensuring that delays kept to an absolute minimum. You then actually set out the various orders so first and foremost as a provision relating to jurisdiction on this is where you would need to set out of position when whether the court has jurisdiction on. If so, it's often going to be based on domicile on door habitual residents. But your residents of Children is normally taken from that of the parents, and this is where Brussels to revised would come into play. Knife jurisdiction was an issue. Then you'll be aware that we've got, for example, articles 17 to 20 a process he revised, which allows the court, even if they do not have jurisdiction to take a make preventative orders an urgent orders if necessary. But if there is a dispute as a jurisdiction, and this is where Article 55 Article 15 Brussels to revise comes into play when it may have to be directions for another member state. Another competent, all thought to them to be involved. Eso as two neighbor them to then have a have a viewers to weathered English and Welsh portion of jurisdiction, or whether Kate Child's case should be transferred to another country of another member state. For example, there's also at provisions, then foot for the need to set up position relating to capacity. So, for example, if there are any difficulties over cognitive or physical disabilities, for example, then the need for assessments on that but also as to whether or not there is a need for, ah litigation friend for the parent concerned onder, possibly the invitation of the officials list of Nest. So so those issues also need to be considered. And at this stage, the case management order specifically refers to appearance initial statement in response to threshold. So if D Parents response document has not been filed in dates by which that needs to be done by on also details. Details to be provided us to alternative care is that the parents wish to put forward uh, and also confirmation as to ensuring that they comply with all necessary orders, then the specific references to any family group conference. So if there is a need for fun, a good conference with every to empowering the families to be have to come together on day, to be able to come up with a resolution is to be able to meet the child's needs than this would be very beneficial. Wonderful. There could be a provision that case management order for Family Good conference to be convened by set date, confirming way it's going to take place and on def It's not proposed. Take place. Why not? On also provision for disclosure of papers for the F G C coordinator to prepare the report in the circumstances now, it's very important for parents to be invited and to be advised about the need to put alternative family members forward as soon as possible. And therefore, D case management order should provide a specifically for provisions for the fact that the parents need to provide a local authority of any person that they wish to put forward as alternative cares and event. Other Children cannot be returned into the care off the parents and if they fail to do so, then it may mean that any person they do put forward at a later date may not be allowed to be assessed at a later date. Under the order specifically provides that local thought he must sent to the court into a person being assessed three assessment and invited them to be aware that they can apply for a review of this and therefore recognize for further assessment if needs be under date, by which they need to make any further application for this on an event that the assessment is positive. But then the local authority must send the assessment to the court and also the other parties and also they could be directions here for local authority to be requested. Consider funding a one off session for legal advice if a potential care wishes to take legal advice on whether they want to put themselves forward as a potential care or otherwise case against very important outdoor specific directions relating to alternative family members. Now this is where into fires assessments off parents by the local thought here concerned if assessments of the parents have not yet been undertaken, the news Be directions made for local authority to carry out depending assessment on the date for filing of this and if there are any issues over cognitive or physical disabilities and the assessment needs to particularly addressed those issues. Also, the actual case management order will also make reference to any fight went to dates at which file evidence would be expected to be filed on also care plans by the local authority and Also, the date by which to file evidence from the parents needs to be filed on. Also the Guardian's final analysis on the date by which distance would need to be fired, as well as details off the advocates meetings s so that the Children's list of much must arranged advocates meeting knowledge and two working days before each hearing. Onda confirming us to who is to be attending the advocates meetings in the circumstances as well as an agenda for the meeting, which must include an agreement off the threshold document setting out remaining issues on any agreed template. The case management order should also set out date for the issues resolution on early. Find a hearing on the fact that the parties must send the court or their position statements in readiness for the case manager here for the issues resolution, hearing and also details off witnesses. For that hearing on the court may factory the issues of resolution here, and as a final hearing as well as that, you'll find that heard. The case management order was set out details of documents on bundles so that no documents of bundles can be filed without the court's permission and also that core ponders must be prepared and filed in accordance with the practice direction and bundles as well. It's a position of aviation now. One of the key provisions of this case management order is that there's a shed your towards the end of it, whereby here you would need to then set out what is agreed between the parties and the schedule, which accompanies the case mentioned toward so, for example, the Children's current arrangements so as to where they are currently living and hoodie. Having contact with the allocation, whether the case is to continue to be allocated to a particular judge or judges, or whether it's to be referred to another judge. And also the timetable for the person is a shared journeys. A sat out The date I wish to 26 weeks will expire. And if it is the case that the matter sites listed, Felicia's resolution hearing in the case cannot be concluded within 26 weeks and under Section 32 subsection five days and need to extend a timetable. Then one has to ensure that in the shadow jury set out when it is expected that the case is to be completely by Aida data, which extended by and you also must ensure that you set out of date the reasons why it's been extended. Is it this example? Because it's necessary to resort of cases justly because, say, for example, has been lately, Last minute relatives don't come forward who need to be assessed or less aided litigation, conduct his shoes or, let's say, disk capacity issues or international aspects, so you need to set out what the reasons are. The schedule also sets out a timetable for the Children. So the key dates for the Children in terms of starting school, leaving school academic years, any any assessments of them, any medical intervention. The dates have looked after Children's reviews, for example, up. So they also need to be set out insofar as the chance timetable is concerned. And then there's the provisions relating to threshold, so they need to be provisioned as to whether the threshold er met on. If they are in dispute, what concessions are made, if any, And then you also need to set out what the key shoes are in the case on what's agreed and disagreed between the parties as well as the party's position respectively. For the hearing itself. O. K. C. Concede US A. Shed Your, which accompanies D case management order, notifies the case management order for the issues resolution. Hearing is concerned. This is going to be very similar to the one for case management order. Of course, some of the differences are going to be at the fact that there will over order being filed. Possibly the final evidence today for that may not be provisioned for this unless DC's resolution hearing comes in after their local fortify Elevens. But only position stains body other parties, in which case they covered directions for five lemons to be fired. But the other parties also at the taste mentioned torture for the issues resolution. Hearing is such that if the matter cannot be concluded at issues resolution hearing, then there would be directions for the matter to them. Be timetable towards final hearing and this is why it's very important for the court to set out the fact if any other parties found to attend a hearing without good reason. The court may make final orders in their absence, including even care and placement orders, and also they could have been a provision relating to the witness. But a witness schedule being fired in readiness for the final hearing and in particular could be a direction for the local authority to center court on the parties they written. Opening off the case cross reference to the evidence and a bundle, and also the final hearing template to include judicial reading and judgment time, as well as an updated case on me so that would be specifically referred to. In that regard, there could be a provision for the parents to attend all hearings and their travel expenses to and from court to be regarded. The reason. Expense on the public funding certificates, for example, so that could also be provided for in that regard, insofar as their schedule is concerned, it could be separate toward is made for, for example, production orders. If example matters listed for final hearing and say you got a mother or father in prison, then it maybe there's a separate order made for production order for apparent to be in attendance or police disclosure form an exhange, for example, and not regards a lot more depend on what the areas issues are in dispute and, as I mentioned earlier there Standing President, Library of Public Law. Case Manager Direction on Orders Onda. A lot of this will depend very much on what's in dispute, for example. So if the matter needs to be adjourned, for example, and it could be directions that are lifted from this president librarian related to adjourning the matter at this particular information relating to litigants in person. For example, if there is immigration information that's required and it could be a separate toward a typed up for that if example in order has made made for joinder parties or intravenous, and it would be a separate order made insofar as that is concerned. And as I mentioned, when it comes to issues over capacity, for example, if there is a need for a cognitive assessment to be done, or maybe an assessment looking at a person's mental health and therefore capacity assessment, then this is where directions could be made for such an assessment to be in a taken to confirm whether the person is competent to give evidence whether they have capacity to consent to adoption or placement or whether they have litigation capacity on. But there could be provisioned for the costing of this Onda. Therefore, for this to be done to could be specific separate directions made for participation. Directions of ground rules on this is where the court may take the view that they are no parts of witnesses for which participation directions required, or the court considers that these are required, and then you would actually specified, particularly which ones are required safe sex, for example. The person concerned is a victim of domestic abuse, for example, and there will be giving evidence, for example, than the fact that the evidence that they give may have to be given behind a screen, for example, or written questions are handed in or through a video link, for example, and similarly discovered a taste for Children who may be giving evidence also s O that whether or not they ought to be giving evidence in these circumstances and at the circumstances in which they would be giving evidence in that regard concede a bit of specific provisions for that. Also, the Corbett directions for the local thought to provide, for example, contact records on a rolling basis in that regards and also for medical records as well, if needs be. The Corbett directions for other forms of assessments. Where there's drug and alcohol testing, for example, whether the need for testing potential testing, for example, sibling assessments, residential assessments, for example. It could be specific directions made for them in that regard on also possibly list in a matter for a separate fact finding sort of specific directions made for that nice so maybes of and England was. Of course, there are settlement conferences on. But this is where there could be a provision for the fact that the parties having had read the settlement conference information and consents, not the matter, may be listed for settlement conference in that regard, and they for the purpose on the benefit off that in that regard, to concede as a lot off precedents that could be used with Rita, gain the case management order ready on drafted and in readiness for both that hearing on also, for the year issues resolution here. Okay, Hope does being used for for you just to really pull together some of the key aspects and wise in which we need to be thinking in getting the case manager order ready for at those various hearings and I find a lot of deaths really depends on a bun First, obviously knowing your case, reading the case in advance on being able to preempt what issues are sores to Lifton s O directions in advance and gain does ready in readiness for that particular hearing. And of course, after hearing itself often there will be a lot of changing around with the draft order that you've made in anticipation with butin helping all parties. Okay, Can I thank you for listening? I hope that's been useful. Onda speaking. Next time. Thanks very much. Bye for now.