The Family Procedure (Adoption) Rules 2005

• Citation: S.I. 2005/2795
• Sections: 183

Section 1 The overriding objective

(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly, having regard to the welfare issues involved.

(2) Dealing with a case justly includes, so far as is practicable—

(a) ensuring that it is dealt with expeditiously and fairly;

(b) dealing with the case in ways which are proportionate to the nature, importance and complexity of the issues;

(c) ensuring that the parties are on an equal footing;

(d) saving expense; and

(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.

Section 2 Application by the court of the overriding objective

The court must seek to give effect to the overriding objective when it—

(a) exercises any power given to it by these Rules; or

(b) interprets any rule.

Section 3 Duty of the parties

The parties are required to help the court to further the overriding objective.

Section 4 Court’s duty to manage cases

(1) The court must further the overriding objective by actively managing cases.

(2) Active case management includes—

(a) encouraging the parties to co-operate with each other in the conduct of the proceedings;

(b) identifying at an early stage—

(i) the issues; and

(ii) who should be a party to the proceedings;

(c) deciding promptly—

(i) which issues need full investigation and hearing and which do not; and

(ii) the procedure to be followed in the case;

(d) deciding the order in which issues are to be resolved;

(e) encouraging the parties to use an alternative dispute resolution procedure if the court considers that appropriate and facilitating the use of such procedure;

(f) helping the parties to settle the whole or part of the case;

(g) fixing timetables or otherwise controlling the progress of the case;

(h) considering whether the likely benefits of taking a particular step justify the cost of taking it;

(i) dealing with as many aspects of the case as it can on the same occasion;

(j) dealing with the case without the parties needing to attend at court;

(k) making use of technology; and

(l) giving directions to ensure that the case proceeds quickly and efficiently.

Section 5 Extent and application of other rules

(1) Unless the context otherwise requires, these Rules apply to proceedings in—

(a) the High Court;

(b) a county court; and

(c) a magistrates' court.

(2) Rule 35.15 of the CPR shall apply in detailed assessment proceedings in the High Court and a county court.

(3) Subject to paragraph (4), Parts 43, 44 (except rules 44.3(2) and (3) and 44.9 to 44.12A), 47 and 48 and rule 45.6 of the CPR apply to costs in proceedings, with the following modifications—

(a) in rule 43.2(1)(c)(ii), “district judge” includes a district judge of the principal registry of the Family Division;

(b) after rule 43.2(1)(d)(iv), insert—

or

(v) a magistrates' court.

(c) in rule 48.7(1) after “section 51(6) of the Supreme Court Act 1981” insert “or section 145A of the Magistrates' Courts Act 1980 ”.

(4) Part 47 of the CPR does not apply to proceedings in a magistrates' court.

(5) Parts 50 and 70 to 74 of, and Schedules 1 and 2 to, the CPR apply, as far as they are relevant, to the enforcement of orders made in proceedings in the High Court and county courts with necessary modifications.

Section 6 Interpretation

(1) In these Rules—

“ the Act ” means Part 1 of the Adoption and Children Act 2002;

“the 1989 Act ” means the Children Act 1989 ;

“adoption proceedings” means proceedings for the making of an adoption order under the Act;

“application notice” means a document in which the applicant states his intention to seek a court order in accordance with the procedure in Part 9;

“business day” means any day other than—

a Saturday, Sunday, Christmas Day or Good Friday; or

a bank holiday under the Banking and Financial Dealings Act 1971 , in England and Wales;

“ Central Authority ” means, in relation to England, the Secretary of State for Education and Skills, and in relation to Wales, the National Assembly for Wales;

“child”—

means, subject to paragraph (b), a person under the age of 18 years who is the subject of the proceedings; and

in adoption proceedings, also includes a person who has attained the age of 18 years before the proceedings are concluded;

“children and family reporter” means an officer of the Service or a Welsh family proceedings officer who prepares a report on matters relating to the welfare of the child;

“children’s guardian” means an officer of the Service or a Welsh family proceedings officer appointed to act on behalf of a child who is a party to the proceedings with the duty of safeguarding the interests of the child;

“civil restraint order” means an order restraining a party—

from making any further applications in current proceedings (a limited civil restraint order);

from making certain applications in specified courts (an extended civil restraint order); or

from making any application in specified courts (a general civil restraint order);

“court officer” means, in the High Court and a county court, a member of court staff, and in a magistrates' court, the designated officer;

“CPR” means the Civil Procedure Rules 1998 ;

“detailed assessment proceedings” means the procedure by which the amount of costs is decided in accordance with Part 47 of the CPR;

“filing”, in relation to a document, means delivering it, by post or otherwise, to the court office;

“jurisdiction” means, unless the context requires otherwise, England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales;

“legal representative” means a barrister or a solicitor, solicitor’s employee or other authorised litigator (as defined in section 119 of the Courts and Legal Services Act 1990 ) who has been instructed to act for a party in relation to an application;

“litigation friend” has the meaning given by section 1 of Part 7;

“non-subject child” means a person under the age of 18 years who is a party to the proceedings but is not the subject of the proceedings;

“officer of the Service” has the meaning given by section 11(3) of the Criminal Justice and Court Services Act 2000 ;

“patient” means a party to proceedings who, by reason of mental disorder within the meaning of the Mental Health Act 1983 , is incapable of managing and administering his property and affairs;

“placement proceedings” means proceedings for the making, varying or revoking of a placement order under the Act;

“proceedings” means, unless the context otherwise requires, proceedings brought under the Act (whether at first instance or appeal) or proceedings for the purpose of enforcing an order made in any proceedings under that Act, as the case may be;

“provision for contact” means a contact order under section 8 or 34 of the 1989 Act or a contact order under section 26;

“reporting officer” means an officer of the Service or a Welsh family proceedings officer appointed to witness the documents which signify a parent or guardian’s consent to the placing of the child for adoption or to the making of an adoption order or a section 84 order;

“section 84 order” means an order made by the High Court under section 84 giving parental responsibility prior to adoption abroad;

“section 88 direction” means a direction given by the High Court under section 88 that section 67(3) (status conferred by adoption) does not apply or does not apply to any extent specified in the direction;

“section 89 order” means an order made by the High Court under section 89—

annulling a Convention adoption or Convention adoption order;

providing for an overseas adoption or determination under section 91 to cease to be valid; or

deciding the extent, if any, to which a determination under section 91 has been affected by a subsequent determination under that section;

“the Service Regulation ” means Council Regulation ( EC ) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters;

“Welsh family proceedings officer” has the meaning given by section 35(4) of the Children Act 2004 .

(2) A section or Schedule referred to by number alone means the section or Schedule so numbered in the Adoption and Children Act 2002.

(3) Any provision in these Rules—

(a) requiring or permitting directions to be given by the court is to be taken as including provision for such directions to be varied or revoked; and

(b) requiring or permitting a date to be set is to be taken as including provision for that date to be set aside.

Section 7 Power to perform functions of the court

(1) Where these Rules or a practice direction provide for the court to perform any act then, except where any rule or practice direction, any other enactment, or the Family Proceedings (Allocation to Judiciary) Directions , provides otherwise, that act may be performed—

(a) in relation to proceedings in the High Court or in a district registry, by any judge or district judge of that Court including a district judge of the principal registry of the Family Division;

(b) in relation to proceedings in a county court, by any judge or district judge including a district judge of the principal registry of the Family Division when the principal registry of the Family Division is treated as if it were a county court ; and

(c) in relation to proceedings in a magistrates' court—

(i) by any family proceedings court constituted in accordance with sections 66 and 67 of the Magistrates' Courts Act 1980 ; or

(ii) by a single justice of the peace who is a member of the family panel—

(aa) where an application without notice is made under section 41(2) (recovery orders); and

(bb) in accordance with the relevant practice direction.

(The Justices' Clerks Rules 2005 make provision for a justices' clerk or assistant clerk to carry out certain functions of a single justice of the peace.)

(2) A deputy High Court judge and a district judge, including a district judge of the principal registry of the Family Division, may not try a claim for a declaration of incompatibility in accordance with section 4 of the Human Rights Act 1998 .

Section 8 Court’s discretion as to where it deals with cases

The court may deal with a case at any place that it considers appropriate.

Section 9 Court documents

(1) A court officer must seal , or otherwise authenticate with the stamp of the court, the following documents on issue—

(a) the application form;

(b) the order; and

(c) any other document which a rule or practice direction requires it to seal or stamp.

(2) The court officer may place the seal or the stamp on the document—

(a) by hand; or

(b) by printing a facsimile of the seal on the document whether electronically or otherwise.

(3) A document purporting to bear the court’s seal or stamp will be admissible in evidence without further proof.

(4) The relevant practice direction contains provisions about court documents.

Section 10 Computation of time

(1) This rule shows how to calculate any period of time for doing any act which is specified—

(a) by these Rules;

(b) by a practice direction; or

(c) by a direction or order of the court.

(2) A period of time expressed as a number of days must be computed as clear days.

(3) In this rule “clear days” means that in computing the numbers of days—

(a) the day on which the period begins; and

(b) if the end of the period is defined by reference to an event, the day on which that event occurs

are not included.

(4) Where the specified period is 7 days or less and would include a day which is not a business day, that day does not count.

(5) When the period specified—

(a) by these Rules or a practice direction; or

(b) by any direction or order of the court,

for doing any act at the court office ends on a day on which the office is closed, that act will be in time if done on the next day on which the court office is open.

Section 11 Dates for compliance to be calendar dates and to include time of day

(1) Where the court makes an order or gives a direction which imposes a time limit for doing any act, the last date for compliance must, wherever practicable—

(a) be expressed as a calendar date; and

(b) include the time of day by which the act must be done.

(2) Where the date by which an act must be done is inserted in any document, the date must, wherever practicable, be expressed as a calendar date.

(3) Where “month” occurs in any order, direction or other document, it means a calendar month.

Section 12 The court’s general powers of management

(1) The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.

(2) Except where these Rules provide otherwise, the court may—

(a) extend or shorten the time for compliance with any rule, practice direction or court direction (even if an application for extension is made after the time for compliance has expired);

(b) adjourn or bring forward a hearing;

(c) require a party or a party’s legal representative to attend the court;

(d) hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;

(e) direct that part of any proceedings be dealt with as separate proceedings;

(f) stay the whole or part of any proceedings or judgment either generally or until a specified date or event;

(g) consolidate proceedings;

(h) hear two or more applications on the same occasion;

(i) direct a separate hearing of any issue;

(j) decide the order in which issues are to be heard;

(k) exclude an issue from consideration;

(l) dismiss or give judgment on an application after a decision on a preliminary issue;

(m) direct any party to file and serve an estimate of costs; and

(n) take any other step or give any other direction for the purpose of managing the case and furthering the overriding objective.

(3) The court may not extend the period within which a section 89 order must be made.

(4) Paragraph (2)(f) does not apply to proceedings in a magistrates' court.

Section 13 Exercise of powers of court’s own initiative

(1) Except where an enactment provides otherwise, the court may exercise the powers in rule 12 on an application or of its own initiative.

(Part 9 sets out the procedure for making an application.)

(2) Where the court proposes to exercise its powers of its own initiative—

(a) it may give any person likely to be affected an opportunity to make representations; and

(b) where it does so it must specify the time by and the manner in which the representations must be made.

(3) Where the court proposes to hold a hearing to decide whether to exercise its powers of its own initiative it must give each party likely to be affected at least 3 days' notice of the hearing.

(4) The court may exercise its powers of its own initiative, without hearing the parties or giving them an opportunity to make representations.

(5) Where the court has exercised its powers under paragraph (4)—

(a) a party affected by the direction may apply to have it set aside or varied; and

(b) the direction must contain a statement of the right to make such an application.

(6) An application under paragraph (5)(a) must be made—

(a) within such period as may be specified by the court; or

(b) if the court does not specify a period, within 7 days beginning with the date on which the order was served on the party making the application.

(7) If the High Court or a county court of its own initiative dismisses an application (including an application for permission to appeal) and it considers that the application is totally without merit—

(a) the court’s order must record that fact; and

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

Section 14 Court officer’s power to refer to the court

Where these Rules require a step to be taken by a court officer—

(a) the court officer may consult the court before taking that step;

(b) the step may be taken by the court instead of the court officer.

Section 15 General power of the court to rectify matters where there has been an error of procedure

Where there has been an error of procedure such as a failure to comply with a rule or practice direction—

(a) the error does not invalidate any step taken in the proceedings unless the court so orders; and

(b) the court may make an order to remedy the error.

Section 16 Power of the court to make civil restraint orders

The relevant practice direction sets out—

(a) the circumstances in which the High Court or a county court has the power to make a civil restraint order against a party to proceedings;

(b) the procedure where a party applies for a civil restraint order against another party; and

(c) the consequences of the court making a civil restraint order.

Section 17 Forms

Subject to rule 28(2) and (3), the forms set out in the relevant practice direction or forms to the like effect must be used in the cases to which they apply.

Section 18 Documents to be attached to the application form

The application form must have attached to it any documents referred to in the application form.

Section 19 How to start proceedings

(1) Proceedings are started when a court officer issues an application at the request of the applicant.

(2) An application is issued on the date entered in the application form by the court officer.

(Restrictions on where proceedings may be started are set out in the Children (Allocation of Proceedings) Order 1991 .)

Section 20 Application for a serial number

(1) This rule applies to any application in proceedings by a person who intends to adopt the child.

(2) If the applicant wishes his identity to be kept confidential in the proceedings, he may, before those proceedings have started, request a court officer to assign a serial number to him to identify him in connection with the proceedings, and a number will be assigned to him.

(3) The court may at any time direct that a serial number identifying the applicant in the proceedings referred to in paragraph (2) must be removed.

(4) If a serial number has been assigned to a person under paragraph (2)—

(a) the court officer will ensure that any application form or application notice sent in accordance with these Rules does not contain information which discloses, or is likely to disclose, the identity of that person to any other party to that application who is not already aware of that person’s identity; and

(b) the proceedings on the application will be conducted with a view to securing that the applicant is not seen by or made known to any party who is not already aware of his identity except with his consent.

Section 21 Personal details

(1) Unless the court directs otherwise, a party is not required to reveal—

(a) the address or telephone number of their private residence;

(b) the address of the child;

(c) the name of a person with whom the child is living, if that person is not the applicant; or

(d) in relation to an application under section 28(2) (application for permission to change the child’s surname), the proposed new surname of the child.

(2) Where a party does not wish to reveal any of the particulars in paragraph (1), he must give notice of those particulars to the court and the particulars will not be revealed to any person unless the court directs otherwise.

(3) Where a party changes his home address during the course of proceedings, he must give notice of the change to the court.

Section 22 Application of this Part

The rules in this Part apply to the following proceedings—

(a) adoption proceedings;

(b) placement proceedings; or

(c) proceedings for—

(i) the making of a contact order under section 26;

(ii) the variation or revocation of a contact order under section 27;

(iii) an order giving permission to change a child’s surname or remove a child from the United Kingdom under section 28(2) and (3);

(iv) a section 84 order;

(v) a section 88 direction;

(vi) a section 89 order; or

(vii) any other order that may be referred to in a practice direction.

(Parts 9 and 10 set out the procedure for making an application in proceedings not dealt with in this Part.)

Section 23 Who the parties are

(1) In relation to the proceedings set out in column 1 of each of the following tables, column 2 of Table 1 sets out who the application may be made by and column 2 of Table 2 sets out who the respondents to those proceedings will be.

The child;

the local authority authorised to place the child for adoption; or

where the child is not placed for adoption by the authority, any other person who has the permission of the court to apply (section 24).

The child;

the adoption agency;

any parent, guardian or relative;

any person in whose favour there was provision for contact under the 1989 Act which ceased to have effect on an adoption agency being authorised to place a child for adoption, or placing a child for adoption who is less than six weeks old (section 26(1));

a person in whose favour there was a residence order in force immediately before the adoption agency was authorised to place the child for adoption or placed the child for adoption at a time when he was less than six weeks old;

a person who by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children had care of the child immediately before that time; or

any person who has the permission of the court to make the application (section 26).

The child;

the adoption agency; or

any person named in the contact order (section 27(1)).

The adopted child;

the adopters;

any parent; or

any other person.

The adopters;

the adopted person;

any parent;

the relevant Central Authority;

the adoption agency;

the local authority to whom notice under section 44 (notice of intention to adopt or apply for a section 84 order) has been given;

the Secretary of State for the Home Department; or

any other person.

Each parent who has parental responsibility for the child or guardian of the child unless he has given notice under section 20(4)(a) (statement of wish not to be informed of any application for an adoption order) which has effect;

any person in whose favour there is provision for contact;

any adoption agency having parental responsibility for the child under section 25;

any adoption agency which has taken part at any stage in the arrangements for adoption of the child;

any local authority to whom notice under section 44 (notice of intention to adopt or apply for a section 84 order) has been given;

any local authority or voluntary organisation which has parental responsibility for, is looking after, or is caring for, the child; and

the child where—

permission has been granted to a parent or guardian to oppose the making of the adoption order (section 47(3) or 47(5));

he opposes the making of an adoption order;

a children and family reporter recommends that it is in the best interests of the child to be a party to the proceedings and that recommendation is accepted by the court;

he is already an adopted child;

any party to the proceedings or the child is opposed to the arrangements for allowing any person contact with the child, or a person not being allowed contact with the child after the making of the adoption order;

the application is for a Convention adoption order or a section 84 order;

he has been brought into the United Kingdom in the circumstances where section 83(1) applies (restriction on bringing children in);

the application is for an adoption order other than a Convention adoption order and the prospective adopters intend the child to live in a country or territory outside the British Islands after the making of the adoption order; or

the prospective adopters are relatives of the child.

Each parent who has parental responsibility for the child or guardian of the child;

any person in whose favour an order under the 1989 Act is in force in relation to the child;

any adoption agency or voluntary organisation which has parental responsibility for, is looking after, or is caring for, the child;

the child; and

the parties or any persons who are or have been parties to proceedings for a care order in respect of the child where those proceedings have led to the application for the placement order.

The parties to the proceedings leading to the placement order which it is sought to have varied except the child who was the subject of those proceedings; and

any person in whose favour there is provision for contact.

The parties to the proceedings leading to the placement order which it is sought to have revoked; and

any person in whose favour there is provision for contact.

The adoption agency authorised to place the child for adoption or which has placed the child for adoption;

the person with whom the child lives or is to live;

each parent with parental responsibility for the child or guardian of the child; and

the child where—

the adoption agency authorised to place the child for adoption or which has placed the child for adoption or a parent with parental responsibility for the child opposes the making of the contact order under section 26;

he opposes the making of the contact order under section 26;

existing provision for contact is to be revoked;

relatives of the child do not agree to the arrangements for allowing any person contact with the child, or a person not being allowed contact with the child; or

he is suffering or is at risk of suffering harm within the meaning of the 1989 Act.

The parties to the proceedings leading to the contact order which it is sought to have varied or revoked; and

any person named in the contact order.

The parties to proceedings leading to any placement order;

the adoption agency authorised to place the child for adoption or which has placed the child for adoption;

any prospective adopters with whom the child is living; and

each parent with parental responsibility for the child or guardian of the child.

The adopters;

the parents;

the adoption agency;

the local authority to whom notice under section 44 (notice of intention to apply for a section 84 order) has been given; and

the Attorney-General.

The adopters;

the parents;

the adoption agency; and

the local authority to whom notice under section 44 (notice of intention to adopt or apply for a section 84 order) has been given.

(2) The court may at any time direct that a child, who is not already a respondent to proceedings, be made a respondent to proceedings where—

(a) the child—

(i) wishes to make an application; or

(ii) has evidence to give to the court or a legal submission to make which has not been given or made by any other party; or

(b) there are other special circumstances.

(3) The court may at any time direct that—

(a) any other person or body be made a respondent to proceedings; or

(b) a respondent be removed.

(4) If the court makes a direction for the addition or removal of a party, it may give consequential directions about—

(a) serving a copy of the application form on any new respondent;

(b) serving relevant documents on the new party; and

(c) the management of the proceedings.

Section 24 What the court or a court officer will do when the application has been issued

(1) As soon as practicable after the application has been issued in proceedings—

(a) the court will—

(i) if section 48(1) (restrictions on making adoption orders) applies, consider whether it is proper to hear the application;

(ii) subject to paragraph (4), set a date for the first directions hearing;

(iii) appoint a children’s guardian in accordance with rule 59;

(iv) appoint a reporting officer in accordance with rule 69;

(v) consider whether a report relating to the welfare of the child is required, and if so, request such a report in accordance with rule 73;

(vi) set a date for the hearing of the application; and

(vii) do anything else that may be set out in a practice direction; and

(b) a court officer will—

(i) subject to receiving confirmation in accordance with paragraph (2)(b)(ii), give notice of any directions hearing set by the court to the parties and to any children’s guardian, reporting officer or children and family reporter;

(ii) serve a copy of the application form (but, subject to sub-paragraphs (iii) and (iv), not the documents attached to it) on the persons referred to in the relevant practice direction;

(iii) send a copy of the certified copy of the entry in the register of live-births or Adopted Children Register and any health report attached to an application for an adoption order to—

(aa) any children’s guardian, reporting officer or children and family reporter; and

(bb) the local authority to whom notice under section 44 (notice of intention to adopt or apply for a section 84 order) has been given;

(iv) if notice under rule 27 has been given (request to dispense with consent of parent or guardian), in accordance with that rule inform the parent or guardian of the request and send a copy of the statement of facts to—

(aa) the parent or guardian;

(bb) any children’s guardian, reporting officer or children and family reporter;

(cc) any local authority to whom notice under section 44 (notice of intention to adopt or apply for a section 84 order) has been given; and

(dd) any adoption agency which has placed the child for adoption; and

(v) do anything else that may be set out in a practice direction.

(2) In addition to the matters referred to in paragraph (1), as soon as practicable after an application for an adoption order or a section 84 order has been issued the court or the court officer will—

(a) where the child is not placed for adoption by an adoption agency—

(i) ask either the Service or the Assembly to file any relevant form of consent to an adoption order or a section 84 order; and

(ii) ask the local authority to prepare a report on the suitability of the prospective adopters if one has not already been prepared; and

(b) where the child is placed for adoption by an adoption agency, ask the adoption agency to—

(i) file any relevant form of consent to—

(aa) the child being placed for adoption;

(bb) an adoption order;

(cc) a future adoption order under section 20; or

(dd) a section 84 order;

(ii) confirm whether a statement has been made under section 20(4)(a) (statement of wish not to be informed of any application for an adoption order) and if so, to file that statement;

(iii) file any statement made under section 20(4)(b) (withdrawal of wish not to be informed of any application for an adoption order) as soon as it is received by the adoption agency; and

(iv) prepare a report on the suitability of the prospective adopters if one has not already been prepared.

(3) In addition to the matters referred to in paragraph (1), as soon as practicable after an application for a placement order has been issued—

(a) the court will consider whether a report giving the local authority’s reasons for placing the child for adoption is required, and if so, will direct the local authority to prepare such a report; and

(b) the court or the court officer will ask either the Service or the Assembly to file any form of consent to the child being placed for adoption.

(4) Where it considers it appropriate the court may, instead of setting a date for a first directions hearing, give the directions provided for by rule 26.

Section 25 Date for first directions hearing

Unless the court directs otherwise, the first directions hearing must be within 4 weeks beginning with the date on which the application is issued.

Section 26 The first directions hearing

(1) At the first directions hearing in the proceedings the court will—

(a) fix a timetable for the filing of—

(i) any report relating to the suitability of the applicants to adopt a child;

(ii) any report from the local authority;

(iii) any report from a children’s guardian, reporting officer or children and family reporter;

(iv) if a statement of facts has been filed, any amended statement of facts;

(v) any other evidence, and

give directions relating to the reports and other evidence;

(b) consider whether an alternative dispute resolution procedure is appropriate and, if so, give directions relating to the use of such procedure;

(c) consider whether the child or any other person should be a party to the proceedings and, if so, give directions in accordance with rule 23(2) or (3) joining that child or person as a party;

(d) give directions relating to the appointment of a litigation friend for any patient or non-subject child unless a litigation friend has already been appointed;

(e) consider whether the case needs to be transferred to another court and, if so, give directions to transfer the proceedings to another court in accordance with any order made by the Lord Chancellor under Part I of Schedule 11 to the 1989 Act;

(f) give directions about—

(i) tracing parents or any other person the court considers to be relevant to the proceedings;

(ii) service of documents;

(iii) subject to paragraph (2), disclosure as soon as possible of information and evidence to the parties; and

(iv) the final hearing; and

(2) Rule 77(2) applies to any direction given under paragraph (1)(f)(iii) as it applies to a direction given under rule 77(1).

(3) In addition to the matters referred to in paragraph (1), the court will give any of the directions listed in the relevant practice direction in proceedings for—

(a) a Convention adoption order;

(b) a section 84 order;

(c) a section 88 direction;

(d) a section 89 order; or

(e) an adoption order where section 83(1) applies (restriction on bringing children in).

(4) The parties or their legal representatives must attend the first directions hearing unless the court directs otherwise.

(5) Directions may also be given at any stage in the proceedings—

(a) of the court’s own initiative; or

(b) on the application of a party or any children’s guardian or, where the direction concerns a report by a reporting officer or children and family reporter, the reporting officer or children and family reporter.

(6) For the purposes of giving directions or for such purposes as the court directs—

(a) the court may set a date for a further directions hearing or other hearing; and

(b) the court officer will give notice of any date so fixed to the parties and to any children’s guardian, reporting officer or children and family reporter.

(7) After the first directions hearing the court will monitor compliance with the court’s timetable and directions by the parties.

Section 27 Requesting the court to dispense with the consent of any parent or guardian

(1) The following paragraphs apply where the applicant wants to ask the court to dispense with the consent of any parent or guardian of a child to—

(a) the child being placed for adoption;

(b) the making of an adoption order except a Convention adoption order; or

(c) the making of a section 84 order.

(2) The applicant requesting the court to dispense with the consent must—

(a) give notice of the request in the application form or at any later stage by filing a written request setting out the reasons for the request; and

(b) file a statement of facts setting out a summary of the history of the case and any other facts to satisfy the court that—

(i) the parent or guardian cannot be found or is incapable of giving consent; or

(ii) the welfare of the child requires the consent to be dispensed with.

(3) If a serial number has been assigned to the applicant under rule 20, the statement of facts supplied under paragraph (2)(b) must be framed so that it does not disclose the identity of the applicant.

(4) On receipt of the notice of the request—

(a) a court officer will—

(i) inform the parent or guardian of the request; and

(ii) send a copy of the statement of facts filed in accordance with paragraph (2)(b) to—

(aa) the parent or guardian;

(bb) any children’s guardian, reporting officer or children and family reporter;

(cc) any local authority to whom notice under section 44 (notice of intention to adopt or apply for a section 84 order) has been given; and

(dd) any adoption agency which has placed the child for adoption; and

(b) if the applicant considers that the parent or guardian is incapable of giving consent, the court will consider whether to—

(i) appoint a litigation friend for the parent or guardian under rule 55(1); or

(ii) give directions for an application to be made under rule 55(3),

unless a litigation friend is already appointed for that parent or guardian.

Section 28 Consent

(1) Consent of any parent or guardian of a child—

(a) under section 19, to the child being placed for adoption; and

(b) under section 20, to the making of a future adoption order

must be given in the form required by the relevant practice direction or a form to the like effect.

(2) Subject to paragraph (3), consent—

(a) to the making of an adoption order; or

(b) to the making of a section 84 order,

may be given in the form required by the relevant practice direction or a form to the like effect.

(3) Any consent to a Convention adoption order must be in a form which complies with the internal law relating to adoption of the Convention country of which the child is habitually resident.

(4) Any form of consent executed in Scotland must be witnessed by a Justice of the Peace or a Sheriff.

(5) Any form of consent executed in Northern Ireland must be witnessed by a Justice of the Peace.

(6) Any form of consent executed outside the United Kingdom must be witnessed by—

(a) any person for the time being authorised by law in the place where the document is executed to administer an oath for any judicial or other legal purpose;

(b) a British Consular officer;

(c) a notary public; or

(d) if the person executing the document is serving in any of the regular armed forces of the Crown, an officer holding a commission in any of those forces.

Section 29 Reports by the adoption agency or local authority

(1) The adoption agency or local authority must file the report on the suitability of the applicant to adopt a child within the timetable fixed by the court.

(2) A local authority that is directed to prepare a report on the placement of the child for adoption must file that report within the timetable fixed by the court.

(3) The reports must cover the matters specified in the relevant practice direction.

(4) The court may at any stage request a further report or ask the adoption agency or local authority to assist the court in any other manner.

(5) A court officer will send a copy of any report referred to in this rule to any children’s guardian, reporting officer or children and family reporter.

(6) Any report to the court under this rule will be confidential.

Section 30 Health reports

(1) Reports by a registered medical practitioner (“health reports”) made not more than three months earlier on the health of the child and of each applicant must be attached to an application for an adoption order or a section 84 order except where—

(a) the child was placed for adoption with the applicant by an adoption agency;

(b) the applicant or one of the applicants is a parent of the child; or

(c) the applicant is the partner of a parent of the child.

(2) Health reports must contain the matters set out in the relevant practice direction.

(3) Any health report will be confidential.

Section 31 Notice of final hearing

A court officer will give notice to the parties, any children’s guardian, reporting officer or children and family reporter and to any other person that may be referred to in a practice direction—

(a) of the date and place where the application will be heard; and

(b) of the fact that, unless the person wishes or the court requires, the person need not attend.

Section 32 The final hearing

(1) Any person who has been given notice in accordance with rule 31 may attend the final hearing and, subject to paragraph (2), be heard on the question of whether an order should be made.

(2) A person whose application for the permission of the court to oppose the making of an adoption order under section 47(3) or (5) has been refused is not entitled to be heard on the question of whether an order should be made.

(3) Any member or employee of a party which is a local authority, adoption agency or other body may address the court at the final hearing if he is authorised to do so.

(4) The court may direct that any person must attend a final hearing.

(5) Paragraphs (6) and (7) apply to—

(a) an adoption order;

(b) a section 84 order; or

(c) a section 89 order.

(6) Subject to paragraphs (7) and (8), the court cannot make an order unless the applicant and the child personally attend the final hearing.

(7) The court may direct that the applicant or the child need not attend the final hearing.

(8) In a case of adoption by a couple under section 50 the court may make an adoption order after personal attendance of one only of the applicants if there are special circumstances.

(9) The court cannot make a placement order unless a legal representative of the applicant attends the final hearing.

Section 33 Proof of identity of the child

(1) Unless the contrary is shown, the child referred to in the application will be deemed to be the child referred to in the form of consent—

(a) to the child being placed for adoption;

(b) to the making of an adoption order; or

(c) to the making of a section 84 order

where the conditions in paragraph (2) apply.

(2) The conditions are—

(a) the application identifies the child by reference to a full certified copy of an entry in the registers of live-births;

(b) the form of consent identifies the child by reference to a full certified copy of an entry in the registers of live-births attached to the form; and

(c) the copy of the entry in the registers of live-births referred to in sub-paragraph (a) is the same or relates to the same entry in the registers of live-births as the copy of the entry in the registers of live-births attached to the form of consent.

(3) Where the child is already an adopted child paragraph (2) will have effect as if for the references to the registers of live-births there were substituted references to the Adopted Children Register.

(4) Subject to paragraph (7), where the precise date of the child’s birth is not proved to the satisfaction of the court, the court will determine the probable date of birth.

(5) The probable date of the child’s birth may be specified in the placement order, adoption order or section 84 order as the date of his birth.

(6) Subject to paragraph (7), where the child’s place of birth cannot be proved to the satisfaction of the court—

(a) he may be treated as having been born in the registration district of the court where it is probable that the child may have been born in—

(i) the United Kingdom;

(ii) the Channel Islands; or

(iii) the Isle of Man; or

(b) in any other case, the particulars of the country of birth may be omitted from the placement order, adoption order or section 84 order.

(7) A placement order identifying the probable date and place of birth of the child will be sufficient proof of the date and place of birth of the child in adoption proceedings and proceedings for a section 84 order.

Section 34 Scope of this Part

The rules in this Part apply to the service of documents, including a document that is required to be given or sent by these Rules or any practice direction, except where—

(a) any other enactment, a rule in another Part or a practice direction makes a different provision; or

(b) the court directs otherwise.

Section 35 Methods of service

(1) Subject to paragraph (2), a document may be served—

(a) where it is not known whether a solicitor is acting on behalf of a party—

(i) by delivering it to the party personally; or

(ii) by delivering it at, or by sending it by first class post to, the party’s residence or last known residence; or

(b) where a solicitor is known to be acting on behalf of a party—

(i) by delivering the document at, or sending it by first class post to, the solicitor’s address for service; or

(ii) through a document exchange in accordance with the relevant practice direction.

(2) A notice of hearing must be served in accordance with paragraph (1)(a)(i) or (ii) irrespective of whether a solicitor is acting on behalf of a party.

(3) Where it appears to the court that there is a good reason to authorise service by a method not permitted by paragraph (1), the court may direct that service is effected by an alternative method.

(4) A direction that service is effected by an alternative method must specify—

(a) the method of service; and

(b) the date when the document will be deemed to be served.

Section 36 Who is to serve

(1) A document which has been issued or prepared by a court officer will be served by the court officer except where—

(a) a practice direction provides otherwise; or

(b) the court directs otherwise.

(2) Where a court officer is to serve a document, it is for the court to decide which of the methods of service specified in rule 35(1) is to be used.

Section 37 Service of documents on children and patients

(1) The following table shows the person on whom a document must be served if it is a document which would otherwise be served on a child, non-subject child or patient—

The solicitor acting for the child;

where there is no such solicitor, the children’s guardian or the children and family reporter.

One of the non-subject child’s parents or guardians;

if there is no parent or guardian, the person with whom the non-subject child resides or in whose care the non-subject child is.

The person authorised under Part VII of the Mental Health Act 1983 to conduct the proceedings in the name of the patient or on his behalf;

if there is no person so authorised, the person with whom the patient resides or in whose care the patient is.

(2) Where a child is directed by the court to serve a document, service is to be effected by—

(a) the solicitor acting for the child;

(b) where there is no such solicitor, the children’s guardian;

(c) where there is neither a solicitor or children’s guardian, the litigation friend; or

(d) where there is neither a solicitor, children’s guardian, or litigation friend, a court officer.

(3) Where a non-subject child or patient is directed by the court to serve a document, service is to be effected by—

(a) the solicitor acting for the non-subject child or patient; or

(b) where there is no such solicitor, the litigation friend.

(4) The court may give directions permitting a document to be served on the child, non-subject child or patient, or on some other person other than the person specified in the table in this rule.

(5) The court may direct that, although a document has been served on someone other than the person specified in the table, the document is to be treated as if it had been properly served.

(6) This rule does not apply where a non-subject child is conducting proceedings without a litigation friend in accordance with rule 51.

Section 38 Deemed service

(1) Unless the contrary is proved, a document which is served in accordance with these Rules or any relevant practice direction will be deemed to be served on the day shown in the following table—

(2) If a document is served personally—

(a) after 5 p.m. on a business day; or

(b) at any time on a day which is not a business day

it will be treated as being served on the next business day.

Section 39 Power of court to dispense with service

Where a rule or practice direction requires a document to be served, the court may direct that the requirement is dispensed with.

Section 40 Certificate of service

(1) Where a rule, practice direction or court order requires a certificate of service, the certificate must state the details set out in the following table—

(2) Where an application form is to be served by the applicant he must file a certificate of service within 7 days beginning with the date on which the application form was served.

Section 41 Notice of non-service

Where a person fails to serve any document under these Rules or as directed by the court he must file a certificate of non-service stating the reason why service has not been effected.

Section 42 Scope and definitions

(1) This Section contains rules about—

(a) service out of the jurisdiction; and

(b) the procedure for serving out of the jurisdiction.

(Rule 6 defines “jurisdiction”.)

(2) In this Section—

“application form” includes application notice; and

“the Hague Convention” means the Convention on the service abroad of judicial and extra-judicial documents in civil or commercial matters signed at the Hague on November 15, 1965 .

Section 43 Service of documents

(1) Any document to be served for the purposes of these Rules may be served out of the jurisdiction without the permission of the court.

(2) Subject to paragraph (4) or (5), any document served out of the jurisdiction in a country in which English is not the official language must be accompanied by a translation of the document—

(a) in the official language of the country in which the document is to be served; or

(b) if there is more than one official language of the country, in any one of those languages which is appropriate to the place in that country in which the document is to be served.

(3) Every translation filed under this rule must be signed by the translator to certify that the translation is accurate.

(4) Any document served out of the jurisdiction in a country in which English is not the official language need not be accompanied by a translation of the document where—

(a) the person on whom the document is to be served is able to read and understand English; and

(b) service of the document is to be effected directly on that person.

(5) Paragraphs (2) and (3) do not apply where service is to be effected in accordance with the Service Regulation.

Section 44 Method of service – general provisions

(1) Where an application form is to be served out of the jurisdiction, it may be served by any method—

(a) permitted by the law of the country in which it is to be served; or

(b) provided for by—

(i) rule 45 (service through foreign governments, judicial authorities and British Consular authorities); or

(ii) rule 47 (service in accordance with the Service Regulation).

(2) Nothing in this rule or in any court order will authorise or require any person to do anything in the country where the application form is to be served which is against the law of that country.

Section 45 Service through foreign governments, judicial authorities and British Consular authorities

(1) Where an application form is to be served on a respondent in any country which is a party to the Hague Convention, the application form may be served—

(a) through the authority designated under the Hague Convention in respect of that country; or

(b) if the law of that country permits—

(i) through the judicial authorities of that country; or

(ii) through a British Consular authority in that country.

(2) Where an application form is to be served on a respondent in any country which is not a party to the Hague Convention, the application form may be served, if the law of that country so permits—

(a) through the government of that country, where that government is willing to serve it; or

(b) through a British Consular authority in that country.

(3) Paragraph (2) does not apply where the application form is to be served in—

(a) Scotland, Northern Ireland, the Isle of Man or the Channel Islands;

(b) any Commonwealth State; or

(c) any United Kingdom Overseas Territory listed in the relevant practice direction.

(4) This rule does not apply where service is to be effected in accordance with the Service Regulation.

Section 46 Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities

(1) This rule applies where the applicant wishes to serve the application form through—

(a) the judicial authorities of the country where the application form is to be served;

(b) a British Consular authority in that country;

(c) the authority designated under the Hague Convention in respect of that country; or

(d) the government of that country.

(2) Where this rule applies, the applicant must file—

(a) a request for service of the application form by the method in paragraph (1) that he has chosen;

(b) a copy of the application form;

(c) any translation required under rule 43; and

(d) any other documents, copies of documents or translations required by the relevant practice direction.

(3) When the applicant files the documents specified in paragraph (2), a court officer will—

(a) seal, or otherwise authenticate with the stamp of the court, the copy of the application form; and

(b) forward the documents to the Senior Master of the Queen’s Bench Division.

(4) The Senior Master will send documents forwarded under this rule—

(a) where the application form is being served through the authority designated under the Hague Convention, to that authority; or

(b) in any other case, to the Foreign and Commonwealth Office with a request that it arranges for the application to be served by the method indicated in the request for service filed under paragraph (2) or, where that request indicates alternative methods, by the most convenient method.

(5) An official certificate will be evidence of the facts stated in the certificate if it—

(a) states that the application form has been served in accordance with this rule either personally, or in accordance with the law of the country in which service was effected;

(b) specifies the date on which the application form was served; and

(c) is made by—

(i) a British Consular authority in the country where the application form was served;

(ii) the government or judicial authorities in that country; or

(iii) any other authority designated in respect of that country under the Hague Convention.

(6) A document purporting to be an official certificate under paragraph (5) will be treated as such a certificate, unless it is proved not to be.

(7) This rule does not apply where service is to be effected in accordance with the Service Regulation.

Section 47 Service in accordance with the Service Regulation

(1) This rule applies where an application form is to be served in accordance with the Service Regulation.

(2) The applicant must file the application form and any translations or other documents required by the Service Regulation.

(3) When the applicant files the documents referred to in paragraph (2), a court officer will—

(a) seal, or otherwise authenticate with the stamp of the court, the copy of the application form; and

(b) forward the documents to the Senior Master of the Queen’s Bench Division.

(The Service Regulation is annexed to the relevant practice direction.)

Section 48 Undertaking to be responsible for expenses of the Foreign and Commonwealth Office

Every request for service filed under rule 46 (service through foreign governments, judicial authorities etc. ) must contain an undertaking by the person making the request—

(a) to be responsible for all expenses incurred by the Foreign and Commonwealth Office or foreign judicial authority; and

(b) to pay those expenses to the Foreign and Commonwealth Office or foreign judicial authority on being informed of the amount.

Section 49 Application of this Section

(1) This Section—

(a) contains special provisions which apply in proceedings involving non-subject children and patients; and

(b) sets out how a person becomes a litigation friend.

(2) The provisions of this Section also apply to a child who does not have a children’s guardian, in which case, any reference to a “non-subject child” in these Rules is to be taken as including a child.

Section 50 Requirement for litigation friend in proceedings

(1) Subject to rule 51, a non-subject child must have a litigation friend to conduct proceedings on his behalf.

(2) A patient must have a litigation friend to conduct proceedings on his behalf.