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The President of the Family Division has issued new guidance on the allocation and gatekeeping of children cases in the Family Court, aimed at improving efficiency and ensuring cases are heard at the appropriate judicial level.
The guidance, made under rule 21 of the Family Court (Composition and Distribution of Business) Rules 2014, will apply to all relevant proceedings issued from 5 May 2026. It covers cases brought under key legislation including the Children Act 1989, Family Law Act 1986, Family Law Act 1996 and the Human Fertilisation and Embryology Act 2008.
The new framework replaces earlier guidance issued in 2014 for both public and private law proceedings under the Children Act 1989, consolidating them into a single document for the first time.
A key development is the formal inclusion of family magistrates within the allocation structure, with specific provision now made for directing appropriate cases to that level of judiciary. The updated guidance also replaces previous tabular schedules with clearer lists of case types allocated across judicial tiers, including magistrates, district judges and circuit judges, in both public and private law contexts.
The overarching objective is to ensure that cases are allocated proportionately, enabling the family justice system to make more effective use of judicial resources while supporting timely decision-making. The guidance is also intended to assist gatekeeping teams in making consistent and efficient allocation decisions across the system.
The changes form part of ongoing efforts to modernise family court processes and improve the management of children cases within an increasingly pressured system.
