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The Family Court in Lancashire – THE FAMILY COURT IN LANCASHIRE – Guidance as to current practices and procedure March 2014 1 Foreword Over the years a wealth of guidance material has been prepared and circulated to all concerned in family justice in Lancashire in order to assist the smooth flow of proceedings and avoid the pitfall of unnecessary delay. The Revisions of the PLO and the welcome advent of the Single Family Court have demanded that we should re-visit many of the procedures with which we had all become familiar, and some of the practices to which we had become accustomed and perhaps with which we were rather too comfortable. This has accordingly been a period of extraordinary transition nationally, and the wind of change has blown particularly strong in Lancashire. This guidance document is an attempt to set out in clear terms the practices and procedures which are now in place, including those which preceded the changes, and those which have been a consequence of them. Wherever possible the compilation of the document has been carried out in consultation with others with greater knowledge and experience than my own in the particular areas which I have tried to cover, and I am grateful to all of those members of HMCTS staff, judiciary and other Agencies with whom we deal for the help which they have given. It will be a document, which will inevitably be imperfect. We are feeling our way forward in the process of implementing such radical change. We will monitor and develop the procedures which we have put in place as time goes by. There will be changes which we can already anticipate to the court estate and the deployment of judiciary across the county as part of our drive to continue to improve access to justice and service delivery in Lancashire. We will respond constructively to suggestions made within the FCBC or FJB or otherwise, which may also cause alterations to be made. There will accordingly be periodic reviews of the document and amendments to it from time to time I hope that it will prove a useful explanatory tool for all concerned whether you a re a member of the administration team, the judiciary, the court users with whom we deal but perhaps most of all, if you are one of the many people who come before the courts day by day seeking justice in family cases. HHJ Rawkins Designated Family Judge March 2014. 2 CONTENTS Section 1 Roles and Functions Paragraphs 1 - 13 Section 2 Issue of Proceedings Paragraphs 14 - 18 Section 3 Listing of Hearings Paragraphs 19 - 22 Section 4 Allocation & Gatekeeping Paragraphs 23 -30 Section 5 Interim Arrangements Paragraphs 31 – 33 Section 6 Specialist Listing Paragraphs 34 - 43 Section 7 Case Summaries and Bundles Paragraph 44 Section 8 Litigants in Person and McKenzie Friends Paragraphs 45 - 47 Section 9 Police and CPS Disclosure and linked Proceedings in the criminal courts APPENDICES Appendix 1 Electronic Issue of Public Law Applications – Guidance Note Appendix 2 Lancashire CAFCASS Protocol Appendix 3 Guidelines for the Allocation of Proceedings Appendix 4A Public law Allocation Order 4B Private Law Allocation Order Appendix 5 Mediation Assessment Protocol Appendix 6 Lancashire family Court Conciliation Scheme Appendix 7 Adoption Ceremony Certificate Appendix 8 EPOs, Expedited ICOs, Abridgement and urgent interim hearings – Guidance Appendix 9A President’s Practice Direction re: Bundles 9B Bundles - Local Guidance Appendix 10 Case Summary pro forma Appendix 11 Guide for Litigants in Person Appendix 12 McKenzie Friends Guidance Note Appendix 13 Rights of Audience – Guidance Note Appendix 14A Lancashire Disclosure Protocol 14B Disclosure Order pro forma Appendix 15 Lancashire Linked Criminal and Care Directions Hearings Protocol Appendix 16 Interpreter and Translation Services – Guidance Note Appendix 17 The Instruction of Experts – Guidance Note Appendix 18 Transmission of Court Files – Guidance Note Appendix 19 Transfer of Proceedings – Guidance Note Appendix 20 Northern Circuit Money List {per Peter Jackson J} 3 Section 1 – Roles and Functions 1. The Single Family Court will formally come into existence on 22nd April 2014 and will be implemented in Lancashire with effect from 7th April 2014 (‘the commencement date’). 2. The Designated Family Centre will be Sessions House, Preston (the DFC). {Sessions House, Lancaster Rd., Preston PR! 2PD Tel. 01772 272894 DX 310201 Preston 31} 3. There will be 10 Hearing Centres, ensuring access to a Family Court in all regions of the County, at the following venues which for ease of recognition in this document are identified by their current status: North Lancashire: Lancaster Care Centre, Lancaster FPC. Fylde Coast: Blackpool County Court, Fylde Coast FPC Central and S.W. Lancashire: Preston County Court, Preston Magistrates Court, Leyland Magistrates Court, and Ormskirk Magistrates Court East Lancashire: Blackburn Care Centre, Reedley Magistrates Court. However, with effect from the commencement date, Hearing Centres will be referred to as: - “The Family Court sitting at ………………………….” {E.g. Mitre House, Lancaster, The Court House, Towngate, Leyland, etc. as the case may be.} : and the description ‘County Court’ or ‘Magistrates’ Court. or ‘Family Proceedings Court’ will not be applied. 4. The principle of co-location of judicial sittings [Circuit Judges, District Judges, District Judges (MC) and Lay Justices] across the county is very important. The Designated Family Judge will sit at the Designated Family Centre and such other Hearing Centre as may from time to time be required by reason of either a business or specific case need. The High Court Judge, when on circuit, will sit at the DFC. All other judges will be required to sit at such courts as may be identified by a judicial itinerary approved by the Presiding Judges. 5. The responsibility for the drawing of the itineraries for all judges, and the pattern against which the itineraries are set, is that of the DFJ after consultation with the Justices’ Clerk and HMCTS and they are subject to the approval of the Presiding Judges. As is currently the case, there will be an opportunity for discussion with individual full time judiciary and, where appropriate and/or possible, adjustment to an individual itinerary where circumstances permit. Changes to either itinerary or pattern will be avoided, so far as possible, during the currency of the itinerary once approved, but may be required by reason of accommodation needs or personnel changes. The judicial itinerary will ordinarily be in place for the period April 1st – March 31st in each year. It is intended that the proposed itinerary for each ensuing year will be circulated by mid-January, and finalised by 1st March. Magistrates’ Rotas will be drafted, circulated and agreed by March 31st in each year. 6. The administrative functions of listing and issue in all family cases save as exempted and identified in this section, will take place at the DFC. Eventually the listing and issue of all Family Cases in Lancashire will be centralised and conducted at the DFC. 7. Initially, with immediate effect upon SFC implementation, all Children Act cases will be issued through the Centralised Issue Team (CIT). In respect of all other cases, there will be liaison between the administrative staff at the Hearing Centres and the CIT. Not all Hearing Centres will have administrative staff, as some will be utilised solely for the purpose of case hearing and they will be administered through the Hearing and Administrative Centre (HAC). 4 The HACs having administrative responsibility in the four regions of the county are (identified by their current title): - North Lancashire: Lancaster County Court (to be known as The Family Court, Mitre House, Lancaster) Mitre House, Church St Lancaster LA1 1UZ, Tel 01524 68112, DX 145880 Lancaster 2. Fylde Coast: Blackpool County Court (to be known as The Family Court, Chapel Street, Blackpool) Chapel Street, Blackpool FY1 5 RJ, Tel 01253 754020, DX 724900 Blackpool 10. Central & SW Lancashire: Preston County Court (to be known as The Family Court, Openshaw Place, Ringway, Preston) Openshaw Place, Ringway, Preston PR1 2LL, Tel 01772 844700, DX 702660 Preston 5. East Lancashire: Blackburn County Court (to be known as The Family Court, 64,Victoria Street, Blackburn) 64, Victoria Street, Blackburn BB1 6DJ, Tel 01254 299840, DX 702650 Blackburn 4. A reference in this document to a ‘Hearing and Administrative Centre’ (HAC) is to be construed as a reference to one of the above courts. Additionally, there will be facilities within the Hearing Centres at Reedley and Ormskirk, and, subject to on going review, Burnley County Court for the receipt of originating issue. The CIT will be headed by a Team Leader who will liaise with the DFJ with regard administrative issues in so far as they may affect the running of the Family Courts as required. 8. The listing of all family cases in Lancashire will be administered by the Centralised Family Listing Team. Overall responsibility for the process of judicial listing, which is a judicial function, lies with the DFJ, and the day-to-day responsibility for the running of the lists is supervised by the Team Leader of the Central Listing Team (CLT). The DFJ and the CLT Team Leader will meet regularly in order to agree the allocation of business to the judiciary by reference to the court lists and specific issues such as courtroom accommodation, the booking of part time judiciary and KPI statistics. 9. The functions of allocation and gatekeeping of Children Act cases will be conducted at the DFC by a District Judge (Civil) and a Legal Adviser and will take place on each business day in the morning. The overall responsibility for each of these functions lies with the DFJ to whom, save as delegated by him; any issue with regard to allocation or gatekeeping is to be referred.
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