• April 28, 2024
 New protocol designed to ‘ensure practice remains relevant’ focuses on child welfare and reducing unnecessary court time

Changes to Family Law hope to keep practice ‘relevant’

New protocol designed to ‘ensure practice remains relevant’ focuses on child welfare and reducing unnecessary court time

An update in family law practice designed to ensure court proceedings are ‘relevant’ came into effect earlier this month. The aim of the protocol includes; reducing hearings, witness summonses and urgent applications unless strictly necessary. 

The new protocol will relate to all family law proceedings, both private and public and has been approved by the senior judiciary and will streamline the Family Law process into a more efficient machine – with less court time and a focus on safeguarding minors.

The Disclosure of Information between Family and Criminal Agencies and Jurisdictions: 2024 Protocol came into effect on 1 March 2024.

It replaces the 2013 Protocol and Good Practice Model: disclosure of information in cases of alleged child abuse and care directions hearings.

This protocol is intended to:

  • provide a consistent approach to information sharing nationally in order
    to safeguard and promote the welfare of children and other vulnerable
    adults
  •  promote timely, focused and proportionate requests for material and
    responses
  •  recognise the importance to all parties of having relevant information and
    material in order to discharge their official functions, including the
    safeguarding functions of the police and local authorities as well as the
    fair trial disclosure obligations of the police and CPS
  •  reduce the need for hearings, witness summonses, urgent applications
    and Public Interest Immunity hearings to those which are strictly
    necessary

A group comprised of representatives from the judiciary, local authorities, police, National Police Chief’s Council and Crown Prosecution Service have devised and developed this protocol through consultation and working together.

The new protocol replaces the previous 2013 version to ensure practice remains relevant and covers all circumstances where there is to be an exchange of information and material between criminal and family agencies and jurisdictions.

The senior judiciary, ‘wish to convey their thanks’ to the working group.

This new Protocol relates to all private and public family law proceedings, including contemplated public law proceedings, and all material held by the police.

It will be reviewed by a working group comprising the judiciary, local authorities, police and Crown Prosecution Service based on the experience of its implementation, in 2025.

Eve Tawfick, Editor

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