HM Courts and Tribunals service are seeking feedback from the family law community on updated guidance related to the allocation of work to magistrates.
A review of the existing Allocation and Gatekeeping Guidance was commissioned in February 2024 to consider how the guidance could be updated to better reflect changes in family law since it was created.
The Family Magistrates Working Group, created to undertake a review of the existing guidance concluded it required updating, with dedicated Allocation Guidance Working Group formed, comprising Lord Justice Baker, a Circuit Judge, a District Judge, two Senior Legal Managers and Mr Justice Keehan.
The output of their work has now been approved by Sir Andrew McFarlane, President of the Family Division, in draft and is presented to family professionals for review from 1st September to 10th October.
Specifically the update includes
- Public and Private Law cases are combined into a single guidance document. In respect of Private Law, it covers both Child Arrangements Programme cases and Pathfinder cases.
- The tables in the old sets of guidance are replaced by lists of the type of cases which should be listed before the various levels of judicial office holders.
- Provision is now made in the guidance for allocation to magistrates, whereas previously reference was made only to District Judges and Circuit Judges.
- Adoption cases are included, which previously were referred to only in para 5 of the Schedule to the 2014 Rules
The consultation paper can be found on the HMCTS website and responses should be submitted through an online form.
