The Family Proceedings Courts (Miscellaneous Amendments) Rules 2009

• Citation: S.I. 2009/858
• Sections: 9

Section 1 Citation and commencement

These rules may be cited as the Family Proceedings Courts (Miscellaneous Amendments) Rules 2009 and come into force on the 27 th April 2009.

Section 2 Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991

The Family Proceedings Courts (Children Act 1989) Rules 1991 are amended in accordance with rules 3 to 8 of these rules.

Section 3 Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991

In the Arrangement of Rules—

(a) in the entry for rule 16, after “Attendance”, insert “of parties”;

(b) after the entry for rule 16, insert—

16A Restrictions on presence of persons at directions appointment and hearing

(c) after the entry for rule 21P, insert—

COMMUNICATION OF INFORMATION: PROCEEDINGS RELATING TO CHILDREN

21Q Application

21R Communication of information: general

21S Instruction of experts

21T Communication of information for purposes connected with the proceedings

21U Communication of information by a party etc. for other purposes

21V Communication for the effective functioning of Cafcass and CAFCASS CYMRU

21W Communication to and by Ministers of the Crown and Welsh Ministers

21X Communication by persons lawfully in receipt of information

21Y Interpretation

Section 4 Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991

In rule 16—

(a) in the heading, after “Attendance”, insert “of parties”; and

(b) omit paragraph (7).

Section 5 Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991

After rule 16, insert—

Restrictions on presence of persons at directions appointment and hearing

(16A)

(1) No person shall be present at any directions appointment or hearing in relevant proceedings other than—

(a) an officer of the court;

(b) a party to the proceedings;

(c) a litigation friend for any party, or legal representative instructed to act on that party’s behalf;

(d) an officer of the service or Welsh family proceedings officer;

(e) a witness;

(f) duly accredited representatives of news gathering and reporting organisations; and

(g) any other person whom the court permits to be present.

(2) Paragraph (1) does not entitle persons within paragraph (1)(f) to be present at any hearing conducted for the purpose of judicially assisted conciliation or negotiation.

(3) At any stage of the proceedings the court may direct that persons within paragraph (1)(f) shall not attend the proceedings or any part of them, where satisfied that—

(a) this is necessary—

(i) in the interests of any child concerned in or connected with the proceedings;

(ii) for the safety or protection of a party, a witness in the proceedings, or a person connected with such a party or witness; or

(iii) for the orderly conduct of the proceedings; or

(b) justice will otherwise be impeded or prejudiced.

(4) The court may exercise the power in paragraph (3) of its own motion or pursuant to representations made by any of the persons listed in paragraph (5), and in either case having given to any person within paragraph (1)(f) who is in attendance an opportunity to make representations.

(5) At any stage of the proceedings, the following persons may make representations to the court regarding restricting the attendance of persons within paragraph (1)(f) in accordance with paragraph (3)—

(a) a party to the proceedings;

(b) any witness in the proceedings;

(c) where appointed, any children’s guardian;

(d) where appointed, an officer of the service or Welsh family proceedings officer, on behalf of the child the subject of proceedings;

(e) the child, if of sufficient age and understanding.

(6) This rule does not affect any power of the court to direct that witnesses shall be excluded until they are called for examination.

(7) In this rule, “duly accredited” refers to accreditation in accordance with any administrative scheme for the time being approved for the purposes of this rule by the Lord Chancellor.

Section 6 Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991

After Part IIB, insert—

COMMUNICATION OF INFORMATION: PROCEEDINGS RELATING TO CHILDREN

Application

(21Q) The provisions of this Part apply to relevant proceedings.

Communication of information: general

(21R)

(1) For the purposes of the law relating to contempt of court, information relating to relevant proceedings (whether or not contained in a document filed with the court) may be communicated—

(a) where the communication is to—

(i) a party;

(ii) the legal representative of a party;

(iii) a professional legal adviser;

(iv) an officer of the service or a Welsh family proceedings officer;

(v) the welfare officer;

(vi) the Legal Services Commission;

(vii) an expert whose instruction by a party has been authorised by the court for the purposes of the proceedings;

(viii) a professional acting in furtherance of the protection of children; or

(ix) an independent reviewing officer appointed in respect of a child who is, or has been, subject to proceedings to which this rule applies;

(b) where the court gives permission; or

(c) subject to any direction of the court, in accordance with rules 21T to 21X.

(2) Nothing in this Part permits the communication to the public at large, or any section of the public, of any information relating to the proceedings.

Instruction of experts

(21S)

(1) No party may instruct an expert for any purpose relating to relevant proceedings, including to give evidence in those proceedings, without the leave of the court.

(2) Where the leave of the court has not been given under paragraph (1), no evidence arising out of an unauthorised instruction may be introduced without leave of the court.

Communication of information for purposes connected with the proceedings

(21T)

(1) A party or the legal representative of a party, on behalf of and upon the instructions of that party, may communicate information relating to the proceedings to any person where necessary to enable that party—

(a) by confidential discussion, to obtain support, advice or assistance in the conduct of the proceedings;

(b) to engage in mediation or other forms of alternative dispute resolution;

(c) to make and pursue a complaint against a person or body concerned in the proceedings; or

(d) to make and pursue a complaint regarding the law, policy or procedure relating to a category of proceedings to which this part applies.

(2) Where information is communicated to any person in accordance with paragraph (1)(a) of this rule, no further communication by that person is permitted.

(3) When information relating to the proceedings is communicated to any person in accordance with paragraphs (1)(b),(c) or (d) of this rule—

(a) the recipient may communicate that information to a further recipient, provided that—

(i) the party who initially communicated the information consents to that further communication; and

(ii) the further communication is made only for the purpose or purposes for which the party made the initial communication; and

(b) the information may be successively communicated to and by further recipients on as many occasions as may be necessary to fulfil the purpose for which the information was initially communicated, provided that on each such occasion the conditions in sub-paragraph (a) are met.

Communication of information by a party etc for other purposes

(21U) A person specified in the first column of the following table may communicate to a person listed in the second column such information as is specified in the third column for the purpose or purposes specified in the fourth column—

Any information relating to the proceedings

Communication for the effective functioning of Cafcass and CAFCASS CYMRU

(21V) An officer of the service or a Welsh family proceedings officer, as appropriate, may communicate to a person listed in the second column such information as is specified in the third column for the purpose or purposes specified in the fourth column—

Communication to and by Ministers of the Crown and Welsh Ministers

(21W) A person specified in the first column of the following table may communicate to a person listed in the second column such information as is specified in the third column for the purpose or purposes specified in the fourth column—

Any information relating to the proceedings of which he or she is in lawful possession

Communication by persons lawfully in receipt of information

(21X)

(1) This rule applies to communications made in accordance with rules 21U, 21V and 21W and the reference in this rule to “the table” means the table in the relevant rule.

(2) A person in the second column of the table may only communicate information relating to the proceedings received from a person in the first column for the purpose or purposes—

(a) for which he received that information; or

(b) of professional development or training, providing that any communication does not, or is not likely to, identify any person involved in the proceedings without that person’s consent.

Interpretation

(21Y) In this Part—

“accreditation body” means—

The Law Society,

Resolution, or

The Legal Services Commission;

“adoption panel” means a panel established in accordance with regulation 3 of the Adoption Agencies Regulations 2005 or regulation 3 of the Adoption Agencies (Wales) Regulations 2005 ;

“alternative dispute resolution” means methods of resolving a dispute, including mediation, other than through the normal court process;

“approved research project” means a project of research—

approved in writing by a Secretary of State after consultation with the President of the Family Division,

approved in writing by the President of the Family Division, or

conducted under section 83 of the Act of 1989 or section 13 of the Criminal Justice and Court Services Act 2000;

“body assessing quality assurance systems” includes—

The Law Society,

The Legal Services Commission, or

The General Council of the Bar;

“body or person responsible for investigating or determining complaints in relation to legal representatives or professional legal advisers” means—

The Law Society,

The General Council of the Bar,

The Institute of Legal Executives, or

The Legal Services Ombudsman;

“Cafcass” has the meaning assigned to it by section 11 of the Criminal Justice and Courts Services Act 2000;

“CAFCASS CYMRU” means the part of the Welsh Assembly Government exercising the functions of Welsh Ministers under Part 4 of the Children Act 2004 ;

“criminal investigation” means an investigation conducted by police officers with a view to it being ascertained—

whether a person should be charged with an offence, or

whether a person charged with an offence is guilty of it;

“health care professional” means—

a registered medical practitioner,

a registered nurse or midwife,

a clinical psychologist, or

a child psychotherapist;

“independent reviewing officer” means a person appointed in respect of a child in accordance with regulation 2A of the Review of Children’s Cases Regulations 1991 , or regulation 3 of the Review of Children’s Cases (Wales) Regulations 2007 ;

“lay adviser” means a non-professional person who gives lay advice on behalf of an organisation in the lay advice sector;

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

“McKenzie Friend” means any person permitted by the court to sit beside an unrepresented litigant in court to assist that litigant by prompting, taking notes and giving him advice;

“professional acting in furtherance of the protection of children” includes—

an officer of a local authority exercising child protection functions,

a police officer who is—

exercising powers under section 46 of the Act of 1989, or

serving in a child protection unit or a paedophile unit of a police force;

any professional person attending a child protection conference or review in relation to a child who is the subject of the proceedings to which the information relates, or

an officer of the National Society for the Prevention of Cruelty to Children;

“professional legal adviser” means a barrister or a solicitor, solicitor’s employee or other authorised litigator (as defined in the Courts and Legal Services Act 1990 ) who is providing advice to a party but is not instructed to represent that party in the proceedings;

“social worker” has the meaning assigned to it by section 55 of the Care Standards Act 2000 ;

“welfare officer” means a person who has been asked to prepare a report under section 7(1)(b) of the Act of 1989 .

Section 7 Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991

In rule 23—

(a) in paragraph (1), for “Subject to rule 23A”, substitute “Subject to Part IIC”; and

(b) in paragraph (1)(f), after “authorised by the court”, insert “for the purposes of proceedings”.

Section 8 Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991

Omit rule 23A.

Section 9 Amendment to the Family Proceedings Courts (Child Support Act 1991) Rules 1993

In rule 5 of the Family Proceedings Courts (Child Support Act 1991) Rules 1993 , for “rule 23A (communication of information relating to proceedings)” substitute “Part IIC (communication of information: proceedings relating to children)”.