12.08 Children and Adoption Act 2006 – Court Rules Amendments to the Family Proceedings Rules 1991

The above consultation paper by the Ministry of Justice (MoJ) sets out for consultation the court rules and draft statutory forms to support the implementation of the remaining provisions of Part 1 of the Children and Adoption Act 2006 (‘’the 2006 Act”).

The provisions in Part 1 of the 2006 Act making amendments to the Children Act 1989 (‘’the 1989 Act’’) in respect of Family Assistance Orders and risk assessments were implemented from October 2007, together with supporting amendments to the courts rules. The rules contained in this consultation paper will support the implementation of the remaining provisions of Part 1 of the 2006 Act.

For the Magistrates’ Courts, there will be amendments and modifications made to the Family Proceedings Courts (Children Act 1989) Rules 1991. Drafts of these Rules are not included in this consultation document. The effect of such Rules will be the same as those made for the High Court and County Court.

Amendments to the Family Proceedings Rules 1991 are made by the Family Proceedings Rule Committee, and the Lord Chancellor then allows the Rules before they are laid before Parliament. Amendments to rules applying in the Magistrates’ Courts are made by the Lord Chief Justice, after consultation with the Magistrates’ Court Rule Committee. The Lord Chancellor then concurs with the making of the Rules before they are laid before Parliament.

The Family Proceedings Rule Committee has already considered the draft rules included within this consultation document and approved them for consultation. The consultation sets out the general approach adopted by the draft rules.

Copies of the consultation can also be accessed via the MoJ website on: http://www.justice.gov.uk/docs/cp0708.pdf

The deadline for submission of responses is 20^th June 2008.

If you would like to add your views on this paper please email [email protected]