Have your say on guidance relating to short notice applications in the family courts
FamilyFamily CourtFamily DivisionPresident of the Family DivisionSir Andrew McFarlaneConsultations
The Honourable Mr Justice Keehan
Lead Family Presiding Judge
Dear all,
In November 2024, the Family Executive Team, which I chair on behalf of the President of the Family Division, established the Short Notice Applications Working Group. At the time, short notice applications made up more than 60% of all Public Law cases and the group was tasked with considering the reasons for these types of applications and their handling at the gatekeeping stage, with the aim of reducing the number of short notice applications.
For the purposes of this consultation and in accordance with the Public Law Outline (PLO), all applications made before day 12 are considered as urgent/short notice.
The Short Notice Application Working Group is comprised of Court of Appeal, High Court, Circuit and District judges. In addition to judicial members, there are representatives from 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 academics.
It is with thanks to this cross-sector collaboration, breadth of professional expertise, and the time and commitment of the Working Group that the Guidance, Newborn Baby Protocol and Template Orders have been drafted.
This Guidance aims to reduce the number of urgent applications and introduce a more consistent, timely and proportionate approach to gatekeeping and case management by the court.
It is grounded in the shared ambition of all those involved in family justice, local authorities, the courts, Cafcass, health services, and legal representatives, to uphold children’s rights, ensure a fair process, and promote better outcomes for children and their families.
Given the high proportion of urgent applications involving cases relating to newborn babies, and implications for full parental participation post birth, a protocol on dealing with such cases is included.
As part of this work, we invite your views on the following documents.
Consultation Questions
1. Annex A: Family Court Short Notice Application Guidance: Allocation and Gatekeeping Protocol for urgent Public Law Applications
This document is to assist members of the Judiciary, the Allocation and Gatekeeping Teams and the Administration Teams in exercising the Allocation and Gatekeeping functions for urgent applications, which is required as part of the Family Court allocation and listing process.
a. Is there anything that needs to be clarified in the document?
b. Is there anything else that the document should cover?
c. Is there anything that could be improved?
2. Annex B: Newborn Baby Protocol
His Honour Judge Steven Parker (Designated Family Judge for Cheshire and Merseyside) and District Judge Philip O’Neill, worked with representatives from the nine local authorities in Cheshire and Merseyside and safeguarding leads from all hospitals which have a maternity unit to create a Newborn Baby Protocol. This local document has been redrafted by HHJ Parker to be adopted nationally. While DFJs retain flexibility in local implementation, adherence to the Newborn Baby Protocol is recommended to maintain national consistency.
a. Is there anything that needs to be clarified in the document?
b. Is there anything else that the document should cover?
c. Is there anything that could be improved?
d. Are there any barriers to implementing the Protocol?
3. Annex C: Template Orders
The following Template Orders have been drafted:
- Public Law Directions made at end of urgent ICO hearing
- Public Law Directions on Issue and Allocation (standard listing)
- Public Law Directions on Issue Urgent Hearing
- Are the Template Orders comprehensive and adaptable to different case types?
- Is there anything else that should be included in the Template Orders?
The President of the Family Division has approved the final drafts of the documents. The consultation is open until Monday 13 April at 5pm. Consultees do not need to answer all questions if only some are of interest or relevance.
All responses should be submitted through the Consultation on Short Notice Applications documents form (external link).
We would prefer that responses are limited to 4,000 characters (around 650 words). If you wish to submit a longer response or have any questions, please contact the Judicial Office at jostrategyandmodernisation@judiciary.uk.
I, together with the President of the Family Division, will be hosting a webinar on Thursday 26 February at 4.45pm. The session will provide an opportunity to learn more about the development of the consultation documents, the work of the Short Notice Applications Working Group, and to ask any questions you may have.
We will be joined by:
- HHJ Parker (DFJ for Cheshire and Merseyside) and DJ Philip O’Neill, who authored and implemented the original Newborn Baby Protocol
- Professor Karen Broadhurst (Lancaster University)
- Lisa Harker (Nuffield Family Justice Observatory)
- Kaat de Backer, specialist perinatal midwife and academic fellow at King’s College London
We hope you will be able to join us. You can register for the webinar online (external link).
Best wishes,
The Hon. Mr Justice Keehan