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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Family Proceedings Courts (Miscellaneous Amendments) Rules 2007 No. 2188 (L. 18) URL: https://www.bailii.org/uk/legis/num_reg/2007/20072188.html |
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Made | 23rd July 2007 | ||
Laid before Parliament | 26th July 2007 | ||
Coming into force | 1st October 2007 |
(b) in sub-paragraph (b)—
7.
After rule 11A insert the following rule—
(2) Where an officer of the service or a Welsh family proceedings officer is preparing a family assistance order report or a risk assessment, he must consider whether—
(3) If the officer of the service or the Welsh family proceedings officer decides to notify the child of any of the contents of the report or assessment, he must explain those contents to the child in a manner appropriate to the child's age and understanding.
(4) If the officer of the service or the Welsh family proceedings officer considers that the child should be made a party to the proceedings, he must notify the court of his opinion together with the reasons for that opinion.
(5) If the officer of the service or the Welsh family proceedings officer considers that the court should exercise the discretion under rule 17AA(2) in relation to service of a risk assessment, he must state in the risk assessment—
(6) The officer of the service or the Welsh family proceedings officer must file the report or assessment with the court—
(7) In paragraph (6), a hearing is a relevant hearing if the justices' clerk has given the officer of the service or the Welsh family proceedings officer notice that the report or assessment is to be considered at it.
(8) When an officer of the service or a Welsh family proceedings officer prepares a family assistance order report, he shall as soon as practicable serve copies of the report on—
(9) At any hearing where a family assistance order report or risk assessment is considered any party may question the officer of the service or the Welsh family proceedings officer about the report or the assessment.".
8.
After rule 13 insert the following rule—
(b) a family assistance order report, the officer of the service or the Welsh family proceedings officer who is preparing the report;
(c) a risk assessment, the officer of the service or the Welsh family proceedings officer who is preparing the assessment.";
(b) in paragraph (2), after sub-paragraph (k) insert—
(c) after paragraph (11) insert—
12.
After rule 17A insert the following rule—
(2) Before serving the risk assessment, the court must consider whether, in order to prevent a risk of harm to the child, it is necessary for—
and may direct accordingly.".
13.
—(1) Rule 23A is amended in accordance with this rule.
(2) In the table in paragraph (2), after the entry relating to communication of information from a party to a health care professional or a person or body providing counselling services for children or families, insert—
A party | The Secretary of State, a McKenzie Friend, a lay adviser or an appeal tribunal dealing with an appeal made under section 20 of the Child Support Act 1991[6] | For the purposes of making or responding to an appeal under section 20 of the Child Support Act 1991 or the determination of such an appeal. | |
A party | An adoption panel | To enable the adoption panel to discharge its functions as appropriate." |
(3) In paragraph (4) after the definition of "accreditation body" insert—
14.
In Schedule 1, in form C42 (family assistance order)—
the officer may apply to the court for it to revive the previous proceedings and to consider that risk assessment and give such directions as the court thinks necessary."; and
15.
In Schedule 2, column (i), in the row which begins "Section 4(1)(c)", omit "16(6),".
Amendment to the Family Proceedings Courts (Child Support Act 1991) Rules 1993
16.
Rule 5 of the Family Proceedings Courts (Child Support Act 1991) Rules 1993[9] is amended in accordance with rule 17.
17.
—(1) The existing paragraph shall stand as paragraph (1).
(2) After paragraph (1) insert—
for the purposes of making or responding to an appeal under section 20 of the Act of 1991 or the determination of such an appeal.
(3) Paragraph (2) of this rule applies where the proceedings are brought under—
(4) Nothing in rule 14 of the Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991[13] (confidentiality of documents) shall prevent a party from communicating information for the purposes specified in paragraph (2) of this rule or require him to seek the leave of the court before doing so.
(5) In this rule—
Phillips of Worth Matravers, C.J.
I concur
Jack Straw
Lord Chancellor
23rd July 2007
[2] 1980 c.43; section 144 was amended by the Constitutional Reform Act 2005 (c.4), Schedule 4, paragraphs 99 and 102 and Schedule 11, paragraph 4 and the Courts Act 2003 (c.39), Schedule 8, paragraph 245 (on a date to be appointed).back
[3] S.I. 1991/1395, amended by S.I. 1991/1991, S.I. 1992/2068, S.I. 1994/3156, S.I. 1997/1895, S.I. 2001/615, S.I. 2001/818, S.I. 2005/585 , S.I. 2005/617, S.I. 2005/1977 and S.I. 2005/2930; there are other amending instruments but none is relevant.back
[4] Section 16(6) Children Act 1989 (c.41) was amended by section 6(5) Children and Adoption Act 2006 (c.20).back
[5] Section 16A Children Act 1989 was inserted by section 7 Children and Adoption Act 2006.back
[6] 1991 c.48; section 20 as originally enacted was substituted by the Social Security Act 1998 (c.14); and was further substituted by the Child Support, Pensions and Social Security Act 2000 (c.19); and modified by the Family Proceedings Appeals (Jurisdiction of Courts) Order 1993 S.I. 1993/961.back
[9] S.I. 1993/627, amended by S.I. 2001/617, S.I. 2001/778, S.I. 2005/617 and S.I. 2005/1977.back
[10] 1991 c.48. Section 20 as originally enacted was substituted by the Social Security Act 1998 (c.14) and was further substituted by the Child Support, Pensions and Social Security Act 2000 (c.19) and modified by the Family Proceedings Appeals (Jurisdiction of Courts) Order 1993 (S.I. 1993/961).back
[13] S.I. 1991/1991, amended by S.I. 1997/1894.back
© Crown copyright 2007