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The Family Procedure Rules 2010

Type Statutory-Instrument

Publication 2010-12-13

Last updated 2026-03-02

State In force

Department King's Printer of Acts of Parliament

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(b) any person having parental responsibility for the child;

(d) any person who was caring for the child immediately prior to the making of the application; and

(e) any person whom the applicant alleges to have effected, or to have been or to be responsible for, the taking or keeping of the child.

Keeping of registers, custody, inspection and disclosure of documents and information

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(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) All documents relating to parental order proceedings and related proceedings under the 2002 Act ... must, while they are in the custody of the court, be kept in a place of special security.

(3) Any person who obtains any information in the course of, or relating to, parental order proceedings must treat that information as confidential and must only disclose it if—

(a) the disclosure is necessary for the proper exercise of that person's duties; or

(b) the information is requested by—

(i) a court or public authority (whether in Great Britain or not) having power to determine parental order proceedings and related matters, for the purpose of that court or authority discharging its duties relating to those proceedings and matters; or

(ii) a person who is authorised in writing by the Secretary of State to obtain the information for the purposes of research.

Documents held by the court not to be inspected or copied without the court's permission

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Subject to the provisions of these rules, any practice direction or any direction given by the court—

(a) no document or order held by the court in parental order proceedings and related proceedings under the 2002 Act will be open to inspection by any person; and

(b) no copy of any such document or order, or of an extract from any such document or order, shall be taken by or given to any person.

Orders

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(1) A parental order takes effect from the date when it is made, or such later date as the court may specify.

(2) In proceedings in Wales a party may request that an order be drawn up in Welsh as well as English.

Copies of orders

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(1) Within 7 days beginning with the date on which the final order was made in proceedings, or such shorter time as the court may direct, a court officer will send—

(a) a copy of the order to the applicant;

(b) a copy, which is sealed(GL), authenticated with the stamp of the court or certified as a true copy of a parental order, to the Registrar General;

(i) the final order; or

(ii) an order quashing or revoking a parental order or allowing an appeal against an order in proceedings,

to every respondent and, with the permission of the court, any other person.

(2) The court officer will also send notice of the making of a parental order to—

(a) any court in Great Britain which appears to the court officer to have made any such order as is referred to in section 46(2) of the 2002 Act (order relating to parental responsibility for, and maintenance of, the child); and

(b) the principal registry, if it appears to the court officer that a parental responsibility agreement has been recorded at the principal registry.

(3) A copy of any final order may be sent to any other person with the permission of the court.

(4) The court officer will send a copy of any order made during the course of the proceedings to all the parties to those proceedings unless the court directs otherwise.

(5) If an order has been drawn up in Welsh as well as in English in accordance with rule 13.20(2), any reference in this rule to sending an order is to be taken as a reference to sending both the Welsh and English orders.

Amendment and revocation of orders

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(1) This rule applies to an application under paragraph 4 of Schedule 1 to the 2002 Act (amendment of a parental order and revocation of direction).

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subject to paragraph (4), an application may be made without serving a copy of the application notice.

(4) The court may direct that an application notice be served on such persons as it thinks fit.

(5) Where the court makes an order granting the application, a court officer shall send the Registrar General a notice—

(a) specifying the amendments; or

(b) informing the Registrar General of the revocation,

giving sufficient particulars of the order to enable the Registrar General to identify the case.

Application of this Part and interpretation

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(1) The rules in this Part apply to the following proceedings—

(a) adoption proceedings;

(b) placement proceedings; and

(i) the making of an order under section 26 or an order under section 51A(2)(a) of the 2002 Act ;

(aa) the making of an order under section 51A(2)(b) of the 2002 Act;

(ii) the variation or revocation of —

(aa) an order under section 27 of the 2002 Act; or

(bb) an order under section 51A(2) of the 2002 Act in accordance with section 51B(1)(c);

(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) of the 2002 Act;

(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.

(1A) This Part is subject to any provision made by or pursuant to Part 41 (proceeding by electronic means).

(2) In this Part—

“Central Authority” means—in relation to England, the Secretary of State; andin relation to Wales, the Welsh Ministers;

“Convention adoption order” means an adoption order under the 2002 Act which, by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act 1999 (regulations giving effect to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, concluded at the Hague on 29th May 1993), is made as a Convention adoption order;

“guardian” means—a guardian (other than the guardian of the estate of a child) appointed in accordance with section 5 of the 1989 Act ; anda special guardian within the meaning of section 14A of the 1989 Act ;

“provision for contact” has the meaning given to it in rule 13.1(2);

“section 88 direction” means a direction given by the High Court under section 88 of the 2002 Act that section 67(3) of that Act (status conferred by adoption) does not apply or does not apply to any extent specified in the direction.

Application for a serial number

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(1) This rule applies where—

(a) any application in proceedings is made by a person who intends to adopt a child; or

(b) an adoption order in respect of the child has been made and an application is made for—

(i) a contact order under section 51A(2)(a) of the 2002 Act;

(ii) an order prohibiting contact with the child under section 51A(2)(b) of the 2002 Act; or

(iii) the variation or revocation of an order under section 51A(2) of the 2002 Act in accordance with section 51B(1)(c).

(2) In a case under paragraph (1)(a), a serial number must be assigned to identify the person intending to adopt the child in connection with the proceedings in order for the person’s identity to be kept confidential in those proceedings.

(3) In a case under paragraph (1)(b), a serial number must be assigned to the person in whose favour the adoption order has been made to keep the identity of the person confidential in proceedings referred to in paragraph (1)(b).

(4) The court may at any time direct that a serial number assigned to a person under paragraph (2) or (3) must be removed.

(5) When a serial number has been assigned to a person under paragraph (2) or (3)—

(a) the court officer will ensure that any 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 person is not seen by or made known to any party who is not already aware of the person’s identity except with the person’s consent.

Who the parties are

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(1) In relation to the proceedings set out in column 1 of the following table, column 2 sets out who the application may be made by and column 3 sets out who the respondents to those proceedings will be.

Proceedings for	Applicants	Respondents
An adoption order (section 46 of the 2002 Act).	The prospective adopters (sections 50 and 51 of the 2002 Act) .	Each parent who has parental responsibility for the child unless that parent has given notice under section 20(4)(a) of the 2002 Act (statement of wish not to be informed of any application for an adoption order) which has effect;any guardian of the child unless that guardian has given notice under section 20(4)(a) of the 2002 Act (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 of the 2002 Act;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 of the 2002 Act (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; andthe 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) of the 2002 Act);— the child 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;— the child 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;— the child has been brought into the United Kingdom in the circumstances where section 83(1) of the 2002 Act 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.
A section 84 order.	The prospective adopters asking for parental responsibility prior to adoption abroad.	As for an adoption order.
A placement order (section 21 of the 2002 Act).	A local authority (section 22 of the 2002 Act).	Each parent who has parental responsibility for the child:any 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; andthe 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.
An order varying a placement order (section 23 of the 2002 Act).	The joint application of the local authority authorised by the placement order to place the child for adoption and the local authority which is to be substituted for that authority (section 23 of the 2002 Act).	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; andany person in whose favour there is provision for contact.
An order revoking a placement order (section 24 of the 2002 Act).	The child;the local authority authorised to place the child for adoption; orwhere the child is not placed for adoption by the authority, any other person who has the permission of the court to apply (section 24 of the 2002 Act).	The parties to the proceedings leading to the placement order which it is sought to have revoked; andany person in whose favour there is provision for contact.
An order under section 26 of the 2002 Act.	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) of the 2002 Act); if a child arrangements order was in force immediately before the adoption agency was authorised to place the child for adoption or (as the case may be) placed the child for adoption at a time when he or she was less than six weeks old, any person named in the order as a person with whom the child was to live; 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; orany person who has the permission of the court to make the application (section 26 of the 2002 Act).	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;any guardian of the child; andthe 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 order under section 26 of the 2002 Act;— the child opposes the making of the order under section 26 of the 2002 Act;— 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— the child is suffering or is at risk of suffering harm within the meaning of the 1989 Act.
An order varying or revoking an order under section 26 of the 2002 Act (section 27 of the 2002 Act).	The child;the adoption agency; orany person named in the order (section 27(1) of the 2002 Act).	The parties to the proceedings leading to the order which it is sought to have varied or revoked; andany person named in the order.
An order permitting the child's name to be changed or the removal of the child from the United Kingdom (section 28(2) and (3) of the 2002 Act).	Any person including the adoption agency or the local authority authorised to place, or which has placed, the child for adoption (section 28(2) of the 2002 Act).	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;each parent with parental responsibility for the child; andany guardian of the child.
A contact order under section 51A(2)(a) of the 2002 Act.	The child; or any person who has obtained the court’s leave to make the application.	A person who has applied for the adoption order or in whose favour the adoption order is or has been made; andAny adoption agency having parental responsibility for the child under section 25 of the 2002 Act.
An order prohibiting the person named in the order from having contact with the child (section 51A(2)(b) of the 2002 Act).	A person who has applied for the adoption order or in whose favour the adoption order is or has been made;the child; orany person who has obtained the court’s leave to make the application.	A person against whom an application is made who—(but for the child’s adoption) would be related to the child by blood (including half-blood), marriage or civil partnership;is a former guardian of the child;is a person who had parental responsibility for the child immediately before the making of the adoption order;is a person who was entitled to make an application for an order under section 26 of the 2002 Act in respect of the child (contact with children placed or to be placed for adoption) by virtue of subsection (3)(c), (d) or (e) of that section;is a person with whom the child has lived for a period of at least one year; andany adoption agency having parental responsibility for the child under section 25 of the 2002 Act.
The variation or revocation of a contact order or an order prohibiting contact under section 51A(2) of the 2002 Act (section 51B(1)(c) of that Act).	The child;a person in whose favour the adoption order was made; ora person named in the order.	The parties to the proceedings leading to the contact order or an order prohibiting contact which it is sought to have varied or revoked; andany person named in the contact order or the order prohibiting contact.
A section 88 direction.	The adopted child;the adopters;any parent; orany other person.	The adopters;the parents;the adoption agency;the local authority to whom notice under section 44 of the 2002 Act (notice of intention to apply for a section 84 order) has been given; andthe Attorney-General.
A section 89 order.	The adopters;the adopted person;any parent;the relevant Central Authority;the adoption agency;the local authority to whom notice under section 44 of the 2002 Act (notice of intention to adopt or apply for a section 84 order) has been given;the Secretary of State for the Home Department; orany other person.	The adopters;the parents;the adoption agency; andthe local authority to whom notice under section 44 of the 2002 Act (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 party 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

Notice of proceedings to person with foreign parental responsibility

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(1) This rule applies where a child is subject to proceedings to which this Part applies and –

(a) a parent of the child holds or is believed to hold parental responsibility for the child under the law of another State which subsists in accordance with Article 16 of the 1996 Hague Convention following the child becoming habitually resident in a territorial unit of the United Kingdom; and

(b) that parent is not otherwise required to be joined as a respondent under rule 14.3.

(2) Subject to paragraph (2A), the applicant shall give notice of the proceedings to any parent to whom the applicant believes paragraph (1) applies in any case in which a person who was a parent with parental responsibility under the 1989 Act would be a respondent to the proceedings in accordance with rule 14.3.

(2A) Notice shall not be given to a person to whom the applicant believes paragraph (1) applies if the court directs that such notice is not necessary.

(3) Unless a direction has been made under paragraph (2A), the applicant and every respondent to the proceedings shall provide such details as they possess as to the identity and whereabouts of any parent they believe to hold parental responsibility for the child in accordance with paragraph (1) to the court officer, upon making, or responding to the application as appropriate.

(4) Where the existence of such a parent only becomes apparent to a party at a later date during the proceedings, that party must notify the court officer of those details at the earliest opportunity.

(5) Where a parent to whom paragraph (1) applies receives notice of proceedings, that parent may apply to the court to be joined as a party using the Part 18 procedure.

Who is to serve

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(1) The general rules about service in Part 6 are subject to this rule.

(2) In proceedings to which this Part applies, 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.

(3) 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 6.23 or rule 6.23A is to be used.

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

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

(a) the court will—

(i) if section 48(1) of the 2002 Act (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 16.3(1);

(iv) appoint a reporting officer in accordance with rule 16.30;

(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 16.33;

(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 Practice Direction 14A;

(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 of the 2002 Act (notice of intention to adopt or apply for a section 84 order) has been given;

(iv) if notice under rule 14.9(2) 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 of the 2002 Act (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 of the 2002 Act; or

(dd) a section 84 order;

(ii) confirm whether a statement has been made under section 20(4)(a) of the 2002 Act (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) of the 2002 Act (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 14.8.

Date for first directions hearing

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

The first directions hearing

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

(a) fix a timetable for the proceedings including 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

(vi) give directions relating to the reports and other evidence;

(b) consider whether the child or any other person should be a party to the proceedings and, if so, give directions in accordance with rule 14.3(2) or (3) joining that child or person as a party;

(c) give directions relating to the appointment of a litigation friend for any protected party or child who is a party to, but not the subject of, proceedings unless a litigation friend has already been appointed;

(d) consider in accordance with rule 29.17 whether the case needs to be transferred to another court and, if so, give directions to transfer the proceedings to another court ...;

(e) 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.

(Rule 3.4 makes provision in relation to cases in which the court considers non-court dispute resolution is appropriate.)

(2) Rule 14.13(2) applies to any direction given under paragraph (1)(e)(iii) as it applies to a direction given under rule 14.13(1).

(3) In addition to the matters referred to in paragraph (1), the court will give any of the directions listed in Practice Direction 14B in proceedings for—

(a) a Convention adoption order;

(b) a section 84 order;

(d) a section 89 order; or

(e) an adoption order where section 83(1) of the 2002 Act 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 by the parties with the court's timetable and directions.

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(1) This rule applies 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

(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 14.2, 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 unless the parent or guardian cannot be found; and

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

(aa) the parent or guardian unless the parent or guardian cannot be found;

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

(cc) any local authority to whom notice under section 44 of the 2002 Act (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 15.6(1); or

(ii) give directions for an application to be made under rule 15.6(3),

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

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

(a) under section 19 of the 2002 Act, to the child being placed for adoption; and

(b) under section 20 of the 2002 Act, to the making of a future adoption order,

must be given in the form referred to in Practice Direction 5A 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 referred to in Practice Direction 5A or a form to the like effect or otherwise as the court directs.

(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;

(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.

Reports by the adoption agency or local authority

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(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 Practice Direction 14C.

(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) A report to the court under this rule is confidential.

Health reports

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(1) Reports by a registered medical practitioner (“health reports”) made not more than 3 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

(2) Health reports must contain the matters set out in Practice Direction 14D.

(3) A health report is confidential.

Confidential reports to the court and disclosure to the parties

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(1) The court will consider whether to give a direction that a confidential report be disclosed to each party to the proceedings.

(2) Before giving such a direction the court will consider whether any information should be deleted including information which—

(a) discloses, or is likely to disclose, the identity of a person who has been assigned a serial number under rule 14.2(2) or (3); or

(b) discloses the particulars referred to in rule 29.1(1) where a party has given notice under rule 29.1(2) (disclosure of personal details).

(3) The court may direct that the report will not be disclosed to a party.

Communication of information relating to proceedings

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For the purposes of the law relating to contempt of court, information (whether or not it is recorded in any form) relating to proceedings held in private may be communicated—

(a) where the court gives permission , including as provided for under rule 14.14A;

(b) unless the court directs otherwise, in accordance with Practice Direction 14E; or

(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) a welfare officer;

(vi) the Director of Legal Aid Casework (within the meaning of section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012);

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

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

Notice of final hearing

14

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 to whom a practice direction may require such notice to be given—

(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.

The final hearing

14

(1) Any person who has been given notice in accordance with rule 14.15 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) of the 2002 Act 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 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

(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 of the 2002 Act, 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.

Proof of identity of the child

14

(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

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 the child's birth.

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

(a) the child may be treated as having been born in the registration district and sub-district in which the court sits 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.

Disclosing information to an adopted adult

14

(1) The adopted person has the right, on request, to receive from the court which made the adoption order a copy of the following—

(a) the application form for an adoption order (but not the documents attached to that form);

(b) the adoption order and any other orders relating to the adoption proceedings;

(d) any other document or order referred to in Practice Direction 14F.

(2) The court will remove any protected information from any copy of a document or order referred to in paragraph (1) before the copies are given to the adopted person.

(3) This rule does not apply to an adopted person under the age of 18 years.

(4) In this rule “protected information” means information which would be protected information under section 57(3) of the 2002 Act if the adoption agency gave the information and not the court.

Translation of documents

14

(1) Where a translation of any document is required for the purposes of proceedings for a Convention adoption order the translation must—

(a) unless the court directs otherwise, be provided by the applicant; and

(b) be signed by the translator to certify that the translation is accurate.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for recovery orders

14

(1) An application for any of the orders referred to in section 41(2) of the 2002 Act (recovery orders) may be made without notice, in which case the applicant must file the application—

(a) where the application is made by telephone, the next business day after the making of the application; or

(b) in any other case, at the time when the application is made.

(2) Where the court refuses to make an order on an application without notice it may direct that the application is made on notice in which case the application will proceed in accordance with rules 14.1 to 14.17.

(3) The respondents to an application under this rule are—

(a) in a case where—

(i) placement proceedings;

(ii) adoption proceedings; or

(iii) proceedings for a section 84 order,

are pending, all parties to those proceedings;

(b) any adoption agency authorised to place the child for adoption or which has placed the child for adoption;

(c) any local authority to whom notice under section 44 of the 2002 Act (notice of intention to adopt or apply for a section 84 order) has been given;

(d) any person having parental responsibility for the child;

(e) any person in whose favour there is provision for contact;

(f) any person who was caring for the child immediately prior to the making of the application; and

(g) any person whom the applicant alleges to have effected, or to have been or to be responsible for, the taking or keeping of the child.

Inherent jurisdiction and fathers without parental responsibility

14

Where no proceedings have started an adoption agency or local authority may ask the court for directions on the need to give a father without parental responsibility notice of the intention to place a child for adoption.

Timing of applications for section 89 order

14

An application for a section 89 order must be made within 2 years beginning with the date on which—

(a) the Convention adoption or Convention adoption order; or

(b) the overseas adoption or determination under section 91 of the 2002 Act,

to which it relates was made.

Custody of documents

14

All documents relating to proceedings under the 2002 Act must, while they are in the custody of the court, be kept in a place of special security.

Documents held by the court not to be inspected or copied without the court's permission

14

Subject to the provisions of these rules, any practice direction or any direction given by the court—

(a) no document or order held by the court in proceedings under the 2002 Act will be open to inspection by any person; and

(b) no copy of any such document or order, or of an extract from any such document or order, will be taken by or given to any person.

Orders

14

(1) An order takes effect from the date when it is made, or such later date as the court may specify.

(2) In proceedings in Wales a party may request that an order be drawn up in Welsh as well as English.

(Rule 37.9 makes provision for the court to endorse an order prohibiting contact under section 51A(2)(b) of the 2002 Act with a penal notice on the application of the person entitled to enforce the order.)

Copies of orders

14

(1) Within 7 days beginning with the date on which the final order was made in proceedings, or such shorter time as the court may direct, a court officer will send—

(a) a copy of the order to the applicant;

(b) a copy, which is sealed(GL), authenticated with the stamp of the court or certified as a true copy, of—

(i) an adoption order;

(ii) a section 89 order; or

(iii) an order quashing or revoking an adoption order or allowing an appeal against an adoption order,

to the Registrar General;

(d) a copy of a section 89 order relating to a Convention adoption order or a Convention adoption to the—

(i) relevant Central Authority;

(ii) adopters;

(iii) adoption agency; and

(iv) local authority;

(e) unless the court directs otherwise, a copy of an under section 26 of the 2002 Act or a variation or revocation of such order under section 27 of the 2002 Act to the—

(i) person with whom the child is living;

(ii) adoption agency; and

(iii) local authority; ...

(ee) unless the court directs otherwise, a copy of a contact order under section 51A(2)(a) of the 2002 Act, an order prohibiting contact under section 51A(2)(b) of that Act or a variation or revocation of such orders under section 51B(1)(c) of that Act to the parties to the proceedings; and

(f) a notice of the making or refusal of—

(i) the final order; or

(ii) an order quashing or revoking an adoption order or allowing an appeal against an order in proceedings,

to every respondent and, with the permission of the court, any other person.

(2) The court officer will also send notice of the making of an adoption order or a section 84 order to—

(a) any court in Great Britain which appears to the court officer to have made any such order as is referred to in section 46(2) of the 2002 Act (order relating to parental responsibility for, and maintenance of, the child); and

(b) the principal registry, if it appears to the court officer that a parental responsibility agreement has been recorded at the principal registry.

(3) A copy of any final order may be sent to any other person with the permission of the court.

(4) The court officer will send a copy of any order made during the course of the proceedings to the following persons or bodies, unless the court directs otherwise—

(a) all the parties to those proceedings;

(b) any children and family reporter appointed in those proceedings;

(c) any adoption agency or local authority which has prepared a report on the suitability of an applicant to adopt a child;

(d) any local authority which has prepared a report on placement for adoption.

(5) If an order has been drawn up in Welsh as well as English in accordance with rule 14.25(2) any reference in this rule to sending an order is to be taken as a reference to sending both the Welsh and English orders.

Amendment and revocation of orders

14

(1) Subject to paragraph (2), an application under—

(a) section 55 of the 2002 Act (revocation of adoptions on legitimation); or

(b) paragraph 4 of Schedule 1 to the 2002 Act (amendment of adoption order and revocation of direction),

may be made without serving a copy of the application notice.

(2) The court may direct that an application notice be served on such persons as it thinks fit.

(3) Where the court makes an order granting the application, a court officer will send the Registrar General a notice—

(a) specifying the amendments; or

(b) informing the Registrar General of the revocation,

giving sufficient particulars of the order to enable the Registrar General to identify the case.

Keeping registers in the family proceedings court

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 15 — REPRESENTATION OF PROTECTED PARTIES

Application of this Part

15

This Part contains special provisions which apply in proceedings involving protected parties.

Requirement for litigation friend in proceedings

15

A protected party must have a litigation friend to conduct proceedings on that party's behalf.

Stage of proceedings at which a litigation friend becomes necessary

15

(1) A person may not without the permission of the court take any step in proceedings except—

(a) filing an application form; or

(b) applying for the appointment of a litigation friend under rule 15.6,

until the protected party has a litigation friend.

(2) If during proceedings a party lacks capacity (within the meaning of the 2005 Act) to continue to conduct proceedings, no party may take any step in proceedings without the permission of the court until the protected party has a litigation friend.

(3) Any step taken before a protected party has a litigation friend has no effect unless the court orders otherwise.

Who may be a litigation friend for a protected party without a court order

15

(1) This rule does not apply if the court has appointed a person to be a litigation friend.

(2) A person with authority as a deputy to conduct the proceedings in the name of a protected party or on that party's behalf is entitled to be the litigation friend of the protected party in any proceedings to which that person's authority extends.

(3) If there is no person with authority as a deputy to conduct the proceedings in the name of a protected party or on that party's behalf, a person may act as a litigation friend if that person—

(a) can fairly and competently conduct proceedings on behalf of the protected party;

(b) has no interest adverse to that of the protected party; and

(c) subject to paragraph (4), undertakes to pay any costs which the protected party may be ordered to pay in relation to the proceedings, subject to any right that person may have to be repaid from the assets of the protected party.

(4) Paragraph (3)(c) does not apply to the Official Solicitor. (“deputy” is defined in rule 2.3.)

How a person becomes a litigation friend without a court order

15

(1) If the court has not appointed a litigation friend, a person who wishes to act as a litigation friend must follow the procedure set out in this rule.

(2) A person with authority as a deputy to conduct the proceedings in the name of a protected party or on that party's behalf must file an official copy(GL) of the order, declaration or other document which confers that person's authority to act.

(3) Any other person must file a certificate of suitability stating that that person satisfies the conditions specified in rule 15.4(3).

(4) A person who is to act as a litigation friend must file—

(a) the document conferring that person's authority to act; or

(b) the certificate of suitability,

at the time when that person first takes a step in the proceedings on behalf of the protected party.

(5) A court officer will send the certificate of suitability to every person on whom, in accordance with rule 6.28, the application form should be served.

(6) This rule does not apply to the Official Solicitor.

How a person becomes a litigation friend by court order

15

(1) The court may, if the person to be appointed so consents, make an order appointing—

(a) a person other than the Official Solicitor; or

(b) the Official Solicitor,

as a litigation friend.

(2) An order appointing a litigation friend may be made by the court of its own initiative or on the application of—

(a) a person who wishes to be a litigation friend; or

(b) a party to the proceedings.

(3) The court may at any time direct that a party make an application for an order under paragraph (2).

(4) An application for an order appointing a litigation friend must be supported by evidence.

(5) Unless the court directs otherwise, a person appointed under this rule to be a litigation friend for a protected party will be treated as a party for the purpose of any provision in these rules requiring a document to be served on, or sent to, or notice to be given to, a party to the proceedings.

(6) Subject to rule 15.4(4), the court may not appoint a litigation friend under this rule unless it is satisfied that the person to be appointed complies with the conditions specified in rule 15.4(3).

Court's power to change litigation friend and to prevent person acting as litigation friend

15

(1) The court may—

(a) direct that a person may not act as a litigation friend;

(b) terminate a litigation friend's appointment; or

(2) An application for an order or direction under paragraph (1) must be supported by evidence.

(3) Subject to rule 15.4(4), the court may not appoint a litigation friend under this rule unless it is satisfied that the person to be appointed complies with the conditions specified in rule 15.4(3).

Appointment of litigation friend by court order – supplementary

15

(1) A copy of the application for an order under rule 15.6 or 15.7 must be sent by a court officer to—

(a) every person on whom, in accordance with rule 6.28, the application form should be served; and

(b) unless the court directs otherwise, the protected party.

(2) A copy of an application for an order under rule 15.7 must also be sent to—

(a) the person who is the litigation friend, or who is purporting to act as the litigation friend when the application is made; and

(b) the person, if not the applicant, who it is proposed should be the litigation friend.

Procedure where appointment of litigation friend comes to an end

15

(1) When a party ceases to be a protected party, the litigation friend's appointment continues until it is brought to an end by a court order.

(2) An application for an order under paragraph (1) may be made by—

(a) the former protected party;

(b) the litigation friend; or

(3) On the making of an order under paragraph (1), the court officer will send a notice to the other parties stating that the appointment of the protected party's litigation friend to act has ended.

PART 16 — REPRESENTATION OF CHILDREN AND REPORTS IN PROCEEDINGS INVOLVING CHILDREN

CHAPTER 1 — APPLICATION OF THIS PART

Application of this Part

16

This Part—

(a) sets out when the court will make a child a party in family proceedings; and

(b) contains special provisions which apply in proceedings involving children.

CHAPTER 2 — CHILD AS PARTY IN FAMILY PROCEEDINGS

When the court may make a child a party to proceedings

16

(1) The court may make a child a party to proceedings if it considers it is in the best interests of the child to do so.

(2) This rule does not apply to a child who is the subject of proceedings—

(a) which are specified proceedings; or

(b) to which Part 14 applies.

(The Practice Direction 16A sets out the matters which the court will take into consideration before making a child a party under this rule.)

CHAPTER 3 — WHEN A CHILDREN'S GUARDIAN OR LITIGATION FRIEND WILL BE APPOINTED

Appointment of a children's guardian in specified proceedings or proceedings to which Part 14 applies

16

(1) Unless it is satisfied that it is not necessary to do so to safeguard the interests of the child, the court must appoint a children's guardian for a child who is—

(a) the subject of; and

(b) a party to,

proceedings—

(i) which are specified proceedings; or

(ii) to which Part 14 applies.

(Rules 12.6 and 14.6 set out the point in the proceedings when the court will appoint a children's guardian in specified proceedings and proceedings to which Part 14 applies respectively.)

(2) At any stage in the proceedings—

(a) a party may apply, without notice to the other parties unless the court directs otherwise, for the appointment of a children's guardian; or

(b) the court may of its own initiative appoint a children's guardian.

(3) Where the court refuses an application under paragraph (2)(a) it will give reasons for the refusal and the court or a court officer will—

(a) record the refusal and the reasons for it; and

(b) as soon as practicable, notify the parties and either the Service or the Assembly of a decision not to appoint a children's guardian.

(4) When appointing a children's guardian the court will consider the appointment of anyone who has previously acted as a children's guardian of the same child.

(5) Where the court appoints a children's guardian in accordance with this rule, the provisions of Chapter 6 of this Part apply.

Appointment of a children's guardian in proceedings not being specified proceedings or proceedings to which Part 14 applies

16

(1) Except in proceedings under section 55A of the 1986 Act and without prejudice to rule ... 16.6, the court must appoint a children's guardian for a child who is the subject of proceedings, which are not proceedings of a type referred to in rule 16.3(1), if—

(a) the child is an applicant in the proceedings;

(b) a provision in these rules provides for the child to be a party to the proceedings; or

(1A) Without prejudice to rule 16.6, in proceedings under section 55A of the 1986 Act, the court must appoint a children’s guardian for a child where—

(a) the court has made the child a party in accordance with rule 16.2; and

(b) the child is the person whose parentage is in dispute in those proceedings.

(2) The provisions of Chapter 7 of this Part apply where the appointment of a children's guardian is required in accordance with paragraph (1) or paragraph (1A). (“children's guardian” is defined in rule 2.3.)

Requirement for a litigation friend

16

(1) Except in proceedings under section 55A of the 1986 Act and without prejudice to rule 16.6, where a child is—

(a) a party to proceedings; but

(b) not the subject of those proceedings,

(1A) Without prejudice to rule 16.6, where a child is—

(a) a party to proceedings under section 55A of the 1986 Act; but

(b) not the person whose parentage is in dispute in those proceedings,

the child must have a litigation friend to conduct proceedings on the child’s behalf.

the child must have a litigation friend to conduct proceedings on the child's behalf.

(2) The provisions of Chapter 5 of this Part apply where a litigation friend is required in accordance with paragraph (1) or paragraph (1A).

CHAPTER 4 — WHERE A CHILDREN'S GUARDIAN OR LITIGATION FRIEND IS NOT REQUIRED

Circumstances in which a child does not need a children's guardian or litigation friend

16

(1) Subject to paragraph (2), a child may conduct proceedings without a children's guardian or litigation friend where the proceedings are proceedings—

(a) under the 1989 Act;

(b) to which Part 11 (applications under Part 4A of the Family Law Act 1996 or Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003) or Part 14 (applications in adoption, placement and related proceedings) of these rules apply; ...

(d) under section 55A of the 1986 Act,

and one of the conditions set out in paragraph (3) is satisfied.

(2) Paragraph (1) does not apply where the child is the subject of and a party to proceedings—

(a) which are specified proceedings; or

(b) to which Part 14 applies.

(3) The conditions referred to in paragraph (1) are that either—

(a) the child has obtained the court's permission; or

(b) a solicitor—

(i) considers that the child is able, having regard to the child's understanding, to give instructions in relation to the proceedings; and

(ii) has accepted instructions from that child to act for that child in the proceedings and, if the proceedings have begun, the solicitor is already acting.

(4) An application for permission under paragraph (3)(a) may be made by the child without notice.

(5) Where a child—

(a) has a litigation friend or children's guardian in proceedings to which this rule applies; and

(b) wishes to conduct the remaining stages of the proceedings without the litigation friend or children's guardian,

the child may apply to the court, on notice to the litigation friend or children's guardian, for permission for that purpose and for the removal of the litigation friend or children's guardian.

(6) The court will grant an application under paragraph (3)(a) or (5) if it considers that the child has sufficient understanding to conduct the proceedings concerned or proposed without a litigation friend or children's guardian.

(7) In exercising its powers under paragraph (6) the court may require the litigation friend or children's guardian to take such part in the proceedings as the court directs.

(8) The court may revoke any permission granted under paragraph (3)(a) where it considers that the child does not have sufficient understanding to participate as a party in the proceedings concerned without a litigation friend or children's guardian.

(9) Where a solicitor is acting for a child in proceedings without a litigation friend or children's guardian by virtue of paragraph (3)(b) and either of the conditions specified in paragraph (3)(b)(i) or (ii) cease to be fulfilled, the solicitor must inform the court immediately.

(10) Where—

(a) the court revokes any permission under paragraph (8); or

(b) either of the conditions specified in paragraph (3)(b)(i) or (ii) is no longer fulfilled,

the court may, if it considers it necessary in order to protect the interests of the child concerned, appoint a person to be that child's litigation friend or children's guardian.

CHAPTER 5 — LITIGATION FRIEND

Application of this Chapter

16

This Chapter applies where a child must have a litigation friend to conduct proceedings on the child's behalf in accordance with rule 16.5.

Stage of proceedings at which a litigation friend becomes necessary

16

(1) This rule does not apply in relation to a child who is conducting proceedings without a litigation friend in accordance with rule 16.6.

(2) A person may not without the permission of the court take any step in proceedings except—

(a) filing an application form; or

(b) applying for the appointment of a litigation friend under rule 16.11,

until the child has a litigation friend.

(3) Any step taken before a child has a litigation friend has no effect unless the court orders otherwise.

Who may be a litigation friend for a child without a court order

16

(1) This rule does not apply if the court has appointed a person to be a litigation friend.

(2) A person may act as a litigation friend if that person—

(a) can fairly and competently conduct proceedings on behalf of the child;

(b) has no interest adverse to that of the child; and

(c) subject to paragraph (3), undertakes to pay any costs which the child may be ordered to pay in relation to the proceedings, subject to any right that person may have to be repaid from the assets of the child.

(3) Paragraph (2)(c) does not apply to the Official Solicitor, an officer of the Service or a Welsh family proceedings officer.

How a person becomes a litigation friend without a court order

16

(1) If the court has not appointed a litigation friend, a person who wishes to act as such must file a certificate of suitability stating that that person satisfies the conditions specified in rule 16.9(2).

(2) The certificate of suitability must be filed at the time when the person who wishes to act as litigation friend first takes a step in the proceedings on behalf of the child.

(3) A court officer will send the certificate of suitability to every person on whom, in accordance with rule 6.28, the application form should be served.

(4) This rule does not apply to the Official Solicitor, an officer of the Service or a Welsh family proceedings officer.

Appointment of litigation friend by the court

16

(1) The court may, if the person to be appointed consents, make an order appointing as a litigation friend—

(a) the Official Solicitor;

(b) an officer of the Service or a Welsh family proceedings officer; or

(2) An order appointing a litigation friend may be made by the court of its own initiative or on the application of—

(a) a person who wishes to be a litigation friend; or

(b) a party to the proceedings.

(3) The court may at any time direct that a party make an application for an order under paragraph (2).

(4) An application for an order appointing a litigation friend must be supported by evidence.

(5) Unless the court directs otherwise, a person appointed under this rule to be a litigation friend for a child will be treated as a party for the purpose of any provision in these rules requiring a document to be served on, or sent to, or notice to be given to, a party to the proceedings.

(6) Subject to rule 16.9(3), the court may not appoint a litigation friend under this rule unless it is satisfied that the person to be appointed complies with the conditions specified in rule 16.9(2).

(7) This rule is without prejudice to rule 16.6.

Court's power to change litigation friend and to prevent person acting as litigation friend

16

(1) The court may—

(a) direct that a person may not act as a litigation friend;

(b) terminate a litigation friend's appointment; or

(2) An application for an order or direction under paragraph (1) must be supported by evidence.

(3) Subject to rule 16.9(3), the court may not appoint a litigation friend under this rule unless it is satisfied that the person to be appointed complies with the conditions specified in rule 16.9(2).

Appointment of litigation friend by court order – supplementary

16

(1) A copy of the application for an order under rule 16.11 or 16.12 must be sent by a court officer to every person on whom, in accordance with rule 6.28, the application form should be served.

(2) A copy of an application for an order under rule 16.12 must also be sent to—

(a) the person who is the litigation friend, or who is purporting to act as the litigation friend when the application is made; and

(b) the person, if not the applicant, who it is proposed should be the litigation friend.

Powers and duties of litigation friend

16

(1) The litigation friend—

(a) has the powers and duties set out in Practice Direction 16A; and

(b) must exercise those powers and duties in accordance with Practice Direction 16A.

(2) Where the litigation friend is an officer of the Service or a Welsh family proceedings officer, rule 16.20 applies as it applies to a children's guardian appointed in accordance with Chapter 6.

Procedure where appointment of litigation friend comes to an end

16

(1) When a child who is not a protected party reaches the age of 18, a litigation friend's appointment comes to an end.

(2) A court officer will send a notice to the other parties stating that the appointment of the child's litigation friend to act has ended.

CHAPTER 6 — CHILDREN'S GUARDIAN APPOINTED UNDER RULE 16.3

Application of this Chapter

16

This Chapter applies where the court must appoint a children's guardian in accordance with rule 16.3.

Who may be a children's guardian

16

Where the court is appointing a children's guardian under rule 16.3 it will appoint an officer of the Service or a Welsh family proceedings officer.

What the court or a court officer will do once the court has made a decision about appointing a children's guardian

16

(1) Where the court appoints a children's guardian under rule 16.3 a court officer will record the appointment and, as soon as practicable, will—

(a) inform the parties and either the Service or the Assembly; and

(b) unless it has already been sent, send the children's guardian a copy of the application and copies of any document filed with the court in the proceedings.

(2) A court officer has a continuing duty to send the children's guardian a copy of any other document filed with the court during the course of the proceedings.

Termination of the appointment of the children's guardian

16

(1) The appointment of a children's guardian under rule 16.3 continues for such time as is specified in the appointment or until terminated by the court.

(2) When terminating an appointment in accordance with paragraph (1), the court will give reasons for doing so, a note of which will be taken by the court or a court officer.

Powers and duties of the children's guardian

16

(1) The children's guardian is to act on behalf of the child upon the hearing of any application in proceedings to which this Chapter applies with the duty of safeguarding the interests of the child.

(2) The children's guardian must also provide the court with such other assistance as it may require.

(3) The children's guardian, when carrying out duties in relation to specified proceedings, other than placement proceedings, must have regard to the principle set out in section 1(2) and the matters set out in section 1(3)(a) to (f) of the 1989 Act as if for the word “court” in that section there were substituted the words “children's guardian”.

(4) The children's guardian, when carrying out duties in relation to proceedings to which Part 14 applies, must have regard to the principle set out in section 1(3) and the matters set out in section 1(4)(a) to (f) of the 2002 Act as if for the word “court” in that section there were substituted the words “children's guardian”.

(5) The children's guardian's duties must be exercised in accordance with Practice Direction 16A.

(6) A report to the court by the children's guardian is confidential.

Where the child instructs a solicitor or conducts proceedings on the child's own behalf

16

(1) Where it appears to the children's guardian that the child—

(a) is instructing a solicitor direct; or

(b) intends to conduct and is capable of conducting the proceedings on that child's own behalf,

the children's guardian must inform the court of that fact.

(2) Where paragraph (1) applies the children's guardian—

(a) must perform such additional duties as the court may direct;

(b) must take such part in the proceedings as the court may direct; and

CHAPTER 7 — CHILDREN'S GUARDIAN APPOINTED UNDER RULE 16.4

Application of this Chapter

16

This Chapter applies where the court must appoint a children's guardian under rule 16.4.

Stage of proceedings at which a children's guardian becomes necessary

16

(1) This rule does not apply in relation to a child who is conducting proceedings without a children's guardian in accordance with rule 16.6.

(2) A person may not without the permission of the court take any step in proceedings except—

(a) filing an application form; or

(b) applying for the appointment of a children's guardian under rule 16.24,

until the child has a children's guardian.

(3) Any step taken before a child has a children's guardian has no effect unless the court orders otherwise.

Appointment of a children's guardian

16

(1) The court may make an order appointing as a children's guardian, an officer of the Service or a Welsh family proceedings officer or, if the person to be appointed consents —

(a) a person other than the Official Solicitor; or

(b) the Official Solicitor.

(2) An order appointing a children's guardian may be made by the court of its own initiative or on the application of—

(a) a person who wishes to be a children's guardian; or

(b) a party to the proceedings.

(3) The court may at any time direct that a party make an application for an order under paragraph (2).

(4) An application for an order appointing a children's guardian must be supported by evidence.

(5) The court may not appoint a children's guardian under this rule unless it is satisfied that that person—

(a) can fairly and competently conduct proceedings on behalf of the child;

(b) has no interest adverse to that of the child; and

(c) subject to paragraph (6), undertakes to pay any costs which the child may be ordered to pay in relation to the proceedings, subject to any right that person may have to be repaid from the assets of the child.

(6) Paragraph (5)(c) does not apply to the Official Solicitor, an officer of the Service or a Welsh family proceedings officer.

(7) This rule is without prejudice to rule 16.6 and rule 9.11. (Rule 9.11 provides for a child to be separately represented in certain applications for a financial remedy.)

Court's power to change children's guardian and to prevent person acting as children's guardian

16

(1) The court may—

(a) direct that a person may not act as a children's guardian;

(b) terminate the appointment of a children's guardian; or

(2) An application for an order or direction under paragraph (1) must be supported by evidence.

(3) Subject to rule 16.24(6), the court may not appoint a children's guardian under this rule unless it is satisfied that the person to be appointed complies with the conditions specified in rule 16.24(5).

Appointment of children's guardian by court order – supplementary

16

(1) A copy of the application for an order under rule 16.24 or 16.25 must be sent by a court officer to every person on whom, in accordance with rule6.28, the application form should be served.

(2) A copy of an application for an order under rule 16.25 must also be sent to—

(a) the person who is the children's guardian, or who is purporting to act as the children's guardian when the application is made; and

(b) the person, if not the applicant, who it is proposed should be the children's guardian.

Powers and duties of children's guardian

16

(1) The children's guardian—

(a) has the powers and duties set out in Practice Direction 16A; and

(b) must exercise those powers and duties in accordance with Practice Direction 16A.

(2) Where the children's guardian is an officer of the Service or a Welsh family proceedings officer, rule 16.20 applies to a children's guardian appointed in accordance with this Chapter as it applies to a children's guardian appointed in accordance with Chapter 6.

Procedure where appointment of children's guardian comes to an end

16

(1) When a child reaches the age of 18, the appointment of a children's guardian comes to an end.

(2) A court officer will send a notice to the other parties stating that the appointment of the child's children's guardian to act has ended.

CHAPTER 8 — DUTIES OF SOLICITOR ACTING FOR THE CHILD

Solicitor for child

16

(1) Subject to paragraphs (2) and (4), a solicitor appointed—

(a) under section 41(3) of the 1989 Act; or

(b) by the children's guardian in accordance with the Practice Direction 16A,

must represent the child in accordance with instructions received from the children's guardian.

(2) If a solicitor appointed as mentioned in paragraph (1) considers, having taken into account the matters referred to in paragraph (3), that the child—

(a) wishes to give instructions which conflict with those of the children's guardian; and

(b) is able, having regard to the child's understanding, to give such instructions on the child's own behalf,

the solicitor must conduct the proceedings in accordance with instructions received from the child.

(3) The matters the solicitor must take into account for the purposes of paragraph (2) are—

(a) the views of the children's guardian; and

(b) any direction given by the court to the children's guardian concerning the part to be taken by the children's guardian in the proceedings.

(4) Where—

(a) no children's guardian has been appointed; and

(b) the condition in section 41(4)(b) of the 1989 Act is satisfied,

a solicitor appointed under section 41(3) of the 1989 Act must represent the child in accordance with instructions received from the child.

(5) Where a solicitor appointed as mentioned in paragraph (1) receives no instructions under paragraphs (1), (2) or (4), the solicitor must represent the child in furtherance of the best interests of the child.

(6) A solicitor appointed under section 41(3) of the 1989 Act or by the children's guardian in accordance with Practice Direction 16A must serve documents, and accept service of documents, on behalf of the child in accordance with rule 6.31 and, where the child has not been served separately and has sufficient understanding, advise the child of the contents of any document so served.

(7) Where the child wishes an appointment of a solicitor—

(a) under section 41(3) of the 1989 Act; or

(b) by the children's guardian in accordance with the Practice Direction 16A,

to be terminated—

(i) the child may apply to the court for an order terminating the appointment; and

(ii) the solicitor and the children's guardian will be given an opportunity to make representations.

(8) Where the children's guardian wishes an appointment of a solicitor under section 41(3) of the 1989 Act to be terminated—

(a) the children's guardian may apply to the court for an order terminating the appointment; and

(b) the solicitor and, if of sufficient understanding, the child, will be given an opportunity to make representations.

(9) When terminating an appointment in accordance with paragraph (7) or (8), the court will give its reasons for so doing, a note of which will be taken by the court or a court officer.

(10) The court or a court officer will record the appointment under section 41(3) of the 1989 Act or the refusal to make the appointment.

CHAPTER 9 — REPORTING OFFICER

When the court appoints a reporting officer

16

In proceedings to which Part 14 applies, the court will appoint a reporting officer where—

(a) it appears that a parent or guardian of the child is willing to consent to the placing of the child for adoption, to the making of an adoption order or to a section 84 order; and

(b) that parent or guardian is in England or Wales.

Appointment of the same reporting officer in respect of two or more parents or guardians

16

The same person may be appointed as the reporting officer for two or more parents or guardians of the child.

The duties of the reporting officer

16

(1) The reporting officer must witness the signature by a parent or guardian on the document in which consent is given to—

(a) the placing of the child for adoption;

(b) the making of an adoption order; or

(2) The reporting officer must carry out such other duties as are set out in Practice Direction 16A.

(3) A report to the court by the reporting officer is confidential.

(4) The reporting officer's duties must be exercised in accordance with Practice Direction 16A.

CHAPTER 10 — CHILDREN AND FAMILY REPORTER AND WELFARE OFFICER

Request by court for a welfare report in respect of the child

16

(1) Where the court is considering an application for an order in proceedings, the court may ask—

(a) in proceedings to which Parts 12 and 14 apply, a children and family reporter; or

(b) in proceedings to which Part 12 applies, a welfare officer,

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The Family Procedure Rules 2010

Keeping of registers, custody, inspection and disclosure of documents and information

13

Documents held by the court not to be inspected or copied without the court's permission

13

Orders

13

Copies of orders

13

Amendment and revocation of orders

13

PART 14 — PROCEDURE FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS

Application of this Part and interpretation

14

Application for a serial number

14

Who the parties are

14

Notice of proceedings to person with foreign parental responsibility

14

Who is to serve

14

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

14

Date for first directions hearing

14

The first directions hearing

14

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

14

Consent

14

Reports by the adoption agency or local authority

14

Health reports

14

Confidential reports to the court and disclosure to the parties

14

Communication of information relating to proceedings

14

Notice of final hearing

14

The final hearing

14

Proof of identity of the child

14

Disclosing information to an adopted adult

14

Translation of documents

14

Application for recovery orders

14

Inherent jurisdiction and fathers without parental responsibility

14

Timing of applications for section 89 order

14

Custody of documents

14

Documents held by the court not to be inspected or copied without the court's permission

14

Orders

14

Copies of orders

14

Amendment and revocation of orders

14

Keeping registers in the family proceedings court

14

PART 15 — REPRESENTATION OF PROTECTED PARTIES

Application of this Part

15

Requirement for litigation friend in proceedings

15

Stage of proceedings at which a litigation friend becomes necessary

15

Who may be a litigation friend for a protected party without a court order

15

How a person becomes a litigation friend without a court order

15

How a person becomes a litigation friend by court order