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The Family Court judiciary has launched a consultation on draft guidance aimed at reducing the volume of short notice applications in public law children proceedings and improving consistency in gatekeeping and case management.
In November 2024, the Family Executive Team, chaired by Mr Justice Keehan in his capacity as Lead Family Presiding Judge on behalf of the President of the Family Division, established a Short Notice Applications Working Group in response to growing concern about the prevalence of urgent applications.
At that time, applications made on short notice accounted for more than 60% of all public law cases. For the purposes of the consultation, and in line with the Public Law Outline (PLO), any application issued before day 12 of proceedings is treated as urgent or short notice.
The Working Group comprises members of the Court of Appeal, High Court, Circuit and District Bench. It also includes representatives from HM Courts & Tribunals Service (HMCTS), Cafcass, Cafcass Cymru, the Department for Education, local authority lawyers, the Nuffield Family Justice Observatory, the Chief Social Worker for Children and Families (England), and academic experts.
The resulting draft documents - Guidance on Short Notice Applications, a Newborn Baby Protocol and a suite of Template Orders - have been developed through this cross-sector collaboration.
The draft Guidance seeks to reduce the number of urgent applications by promoting a more consistent, timely and proportionate approach to allocation and gatekeeping. It is intended to support judges, allocation and gatekeeping teams, and administrative staff in the exercise of their functions within the Family Court’s allocation and listing processes.
Given the high proportion of urgent applications involving newborn babies, and the implications such cases carry for parental participation following birth, the consultation includes a proposed national Newborn Baby Protocol.
The protocol was originally developed in Cheshire and Merseyside by His Honour Judge Steven Parker, Designated Family Judge for the area, and District Judge Philip O’Neill, working alongside representatives from nine local authorities and safeguarding leads from maternity units across the region. It has since been redrafted with a view to national adoption. While Designated Family Judges will retain flexibility in local implementation, adherence to the protocol is recommended to ensure national consistency.
The consultation also seeks views on draft Template Orders covering:
Public law directions made at the conclusion of an urgent interim care order hearing
Public law directions on issue and allocation (standard listing)
Public law directions on issue for urgent hearings
Consultees are asked whether the templates are comprehensive and adaptable across different case types, and whether additional content is required.
The President of the Family Division has approved the final drafts for consultation. The consultation will close at 5pm on Monday 13 April. Responses, which need not address every question, should be submitted via the online consultation form. A preferred length of 4,000 characters (approximately 650 words) has been indicated, although longer submissions may be sent directly to the Judicial Office.
A webinar will be held on Thursday 26 February at 4.45pm, hosted by Mr Justice Keehan and the President of the Family Division. The session will outline the development of the draft documents and the work of the Working Group, and will provide an opportunity for questions.
Speakers will include HHJ Parker and District Judge O’Neill, Professor Karen Broadhurst of Lancaster University, Lisa Harker of the Nuffield Family Justice Observatory, and Kaat de Backer, specialist perinatal midwife and academic fellow at King’s College London.
Family justice professionals are encouraged to review the draft documents and contribute their views as part of the consultation process.
