The Family Procedure Rules 2010

PART 27 E+W HEARINGS AND DIRECTIONS APPOINTMENTS

Application of this Part E+W

27.1.  This Part is subject to any enactment, any provision in these rules or a practice direction. (Rule 27.4(7) makes additional provision in relation to requirements to stay proceedings where the respondent does not appear and a relevant European regulation or international convention applies)

Reasons for a decision [F1 : proceedings before a lay justice or justices] E+W

27.2.—(1) This rule applies to proceedings [F2 in the family court before a lay justice or justices].

(2) After a hearing, the court will make its decision as soon as is practicable.

(3) The court must give written reasons for its decision.

(4) Paragraphs (5) and (6) apply where the functions of the court are being performed by—

(a) two or three lay justices; or

(b) by a single lay justice in accordance with these rules and Practice Direction 2A.

(5) The [F3 justices’ legal adviser] must, before the court makes an order or refuses an application or request, make notes of—

(a) the names of the [F4 lay] justice or justices constituting the court by which the decision is made; and

(b) in consultation with the [F5 lay] justice or justices, the reasons for the court's decision.

(6) The [F3 justices’ legal adviser] must make a written record of the reasons for the court's decision.

(7) When making an order or refusing an application, the court, or one of the [F6 lay] justices constituting the court by which the decision is made, will announce its decision and—

(a) the reasons for that decision; or

(b) a short explanation of that decision.

(8) Subject to any other rule or practice direction, the court officer will supply a copy of the order and the reasons for the court's decision to the persons referred to in paragraph (9)—

(a) by close of business on the day when the court announces its decision; or

(b) where that time is not practicable and the proceedings are on notice, no later than 72 hours from the time when the court announced its decision.

(9) The persons referred to in paragraph (8) are—

(a) the parties (unless the court directs otherwise);

(b) any person who has actual care of a child who is the subject of proceedings, or who had such care immediately prior to the making of the order;

(c) in the case of an emergency protection order and a recovery order, the local authority in whose area the child lives or is found;

(d) in proceedings to which Part 14 applies—

(i) an adoption agency or local authority which has prepared a report on the suitability of the applicant to adopt a child;

(ii) a local authority which has prepared a report on the placement of the child for adoption;

(e) any other person who has requested a copy if the court is satisfied that it is required in connection with an appeal or possible appeal.

F7 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in rule 27.2 heading substituted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 19(a) (with rule 45)

F2 Words in rule 27.2(1) substituted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 19(b) (with rule 45)

F3 Words in rule 27.2 substituted (6.4.2020) by The Family Procedure (Amendment) Rules 2020 (S.I. 2020/135), rules 1, 27

F4 Word in rule 27.2(5)(a) inserted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 19(c)(i) (with rule 45)

F5 Word in rule 27.2(5)(b) inserted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 19(c)(ii) (with rule 45)

F6 Word in rule 27.2(7) inserted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 19(d) (with rule 45)

F7 Rule 27.2(10) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 19(e) (with rule 45)

Attendance at hearing or directions appointment E+W

27.3.  Unless the court directs otherwise, a party shall attend a hearing or directions appointment of which that party has been given notice.

Proceedings in the absence of a party E+W

27.4.—(1) Proceedings or any part of them shall take place in the absence of any party, including a party who is a child, if—

(a) the court considers it in the interests of the party, having regard to the matters to be discussed or the evidence likely to be given; and

(b) the party is represented by a children's guardian or solicitor,

and when considering the interests of a child under sub-paragraph (a) the court shall give the children's guardian, the solicitor for the child and, if of sufficient understanding and the court thinks it appropriate, the child, an opportunity to make representations.

(2) Subject to paragraph (3), where at the time and place appointed for a hearing or directions appointment the applicant appears but one or more of the respondents do not, the court may proceed with the hearing or appointment.

(3) The court shall not begin to hear an application in the absence of a respondent unless—

(a) it is proved to the satisfaction of the court that the respondent received reasonable notice of the date of the hearing; or

(b) the court is satisfied that the circumstances of the case justify proceeding with the hearing.

(4) Where, at the time and place appointed for a hearing or directions appointment, one or more of the respondents appear but the applicant does not, the court may refuse the application or, if sufficient evidence has previously been received, proceed in the absence of the applicant.

(5) Where, at the time and place appointed for a hearing or directions appointment, neither the applicant nor any respondent appears, the court may refuse the application.

(6) Paragraphs (2) to (5) do not apply to a hearing to which paragraphs (5) to (8) of rule 12.14 do not apply by virtue of paragraph (9) of that rule.

(7) Nothing in this rule affects any provision of [F8 an] international convention by which the United Kingdom is bound which requires a court to stay proceedings where a respondent in another State has not been adequately served with proceedings in accordance with the requirements of that F9 ... convention.

Textual Amendments

F8 Word in rule 27.4(7) substituted (31.12.2020) by The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 17(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in rule 27.4(7) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 17(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

Application to set aside judgment or order following failure to attend E+W

27.5.—(1) Where a party does not attend a hearing or directions appointment and the court gives judgment or makes an order against him, the party who failed to attend may apply for the judgment or order to be set aside^(GL).

(2) An application under paragraph (1) must be supported by evidence.

(3) Where an application is made under paragraph (1), the court may grant the application only if the applicant—

(a) acted promptly on finding out that the court had exercised its power to enter judgment or make an order against the applicant;

(b) had a good reason for not attending the hearing or directions appointment; and

(c) has a reasonable prospect of success at the hearing or directions appointment.

F10 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Rule 27.5(4) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 71 (with rule 137); S.I. 2014/954, art. 2

Court bundles and place of filing of documents and bundles E+W

27.6.—(1) The provisions of Practice Direction 27A must be followed for the preparation of court bundles and for other related matters in respect of hearings and directions appointments.

F11 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F13 ...)

Textual Amendments

F11 Rule 27.6(2) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 71 (with rule 137); S.I. 2014/954, art. 2

F12 Rule 27.6(3) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 71 (with rule 137); S.I. 2014/954, art. 2

F13 Words in rule 27.6 omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1. 71 (with rule 137); S.I. 2014/954, art. 2

Representation of companies or other corporations E+W

27.7.  A company or other corporation may be represented at a hearing or directions appointment by an employee if—

(a) the employee has been authorised by the company or corporation to appear at the hearing or directions appointment on its behalf; and

(b) the court gives permission.

Impounded documents E+W

27.8.—(1) Documents impounded by order of the court must not be released from the custody of the court except in compliance with—

(a) a court order; or

(b) a written request made by a Law Officer or the Director of Public Prosecutions.

(2) A document released from the custody of the court under paragraph (1)(b) must be released into the custody of the person who requested it.

(3) Documents impounded by order of the court, while in the custody of the court, may not be inspected except by a person authorised to do so by a court order.

[F14 Recording, transcription and informal notes of proceedings E+W

27.9.— (1) At any hearing, the proceedings will be tape recorded or digitally recorded unless the court directs otherwise.

(2) No party or member of the public may use unofficial recording equipment in any court without the permission of the court. (To do so without permission constitutes a contempt of court under section 9 of the Contempt of Court Act 1981.)

(3) Unless the court directs otherwise, a person to whom paragraph (4) applies may require a transcript of the recording of any hearing in proceedings to be supplied to them, upon payment of the charges authorised by any scheme in force for the making of the recording or the transcript.

(4) This paragraph applies to—

(a) a party to the proceedings;

(b) the [F15 King’s] Proctor; and

(c) where a declaration of parentage has been made under section 55A of the 1986 Act, the Registrar General.

(5) A person to whom paragraph (4) does not apply may be provided with a transcript of the recording of any hearing—

(a) with the permission of the court; and

(b) upon payment of the charges authorised by any scheme in force for the making of the recording or the transcript.

(6) At any hearing, the court may give appropriate directions to assist a party, in particular one who is or has been or may become unrepresented, for the compilation and sharing of a note or other informal record of the proceedings made by another party.]

Textual Amendments

F14 Rule 27.9 substituted (6.4.2020) by The Family Procedure (Amendment) Rules 2020 (S.I. 2020/135), rules 1, 28

F15 Word in rule 27.9(4)(b) substituted (6.4.2023) by The Family Procedure (Amendment) Rules 2023 (S.I. 2023/61), rules 1(3), 11

Hearings in private E+W

27.10.—(1) Proceedings to which these rules apply will be held in private, except—

(a) where these rules or any other enactment provide otherwise;

(b) subject to any enactment, where the court directs otherwise.

(2) For the purposes of these rules, a reference to proceedings held “in private” means proceedings at which the general public have no right to be present.

Attendance at private hearings E+W

27.11.—(1) This rule applies when proceedings are held in private, except in relation to —

(a) hearings conducted for the purpose of judicially assisted conciliation or negotiation;

(b) proceedings to which the following provisions apply—

(i) Part 13 (proceedings under section 54 [F16 or section 54A] of the Human Fertilisation and Embryology Act 2008);

(ii) Part 14 (procedure for applications in adoption, placement and related proceedings); and

(iii) any proceedings identified in a practice direction as being excepted from this rule.

(2) When this rule applies, no person shall be present during any hearing other than—

(a) an officer of the court;

(b) a party to the proceedings;

(c) a litigation friend for any party, or legal representative instructed to act on that party's behalf;

(d) an officer of the service or Welsh family proceedings officer;

(e) a witness;

(f) duly accredited representatives of news gathering and reporting organisations; F17 ...

[F18 (ff) a duly authorised lawyer attending for journalistic, research or public legal educational purposes; and]

(g) any other person whom the court permits [F19 , or who is required by any practice direction,] to be present.

[F20 (Practice Direction 27C makes provision for the attendance at hearings of Independent Domestic Violence Advisers and Independent Sexual Violence Advisers.)]

(3) At any stage of the proceedings the court may direct that persons within paragraph (2)(f) [F21 and (ff)] shall not attend the proceedings or any part of them, where satisfied that—

(a) this is necessary—

(i) in the interests of any child concerned in, or connected with, the proceedings;

(ii) for the safety or protection of a party, a witness in the proceedings, or a person connected with such a party or witness; or

(iii) for the orderly conduct of the proceedings; or

(b) justice will otherwise be impeded or prejudiced.

(4) The court may exercise the power in paragraph (3) of its own initiative or pursuant to representations made by any of the persons listed in paragraph (5), and in either case having given to any person within paragraph (2)(f) [F22 or (ff)] who is in attendance an opportunity to make representations.

(5) At any stage of the proceedings, the following persons may make representations to the court regarding restricting the attendance of persons within paragraph (2)(f) [F23 and (ff)] in accordance with paragraph (3)—

(a) a party to the proceedings;

(b) any witness in the proceedings;

(c) where appointed, any children's guardian;

(d) where appointed, an officer of the service or Welsh family proceedings officer, on behalf of the child the subject of the proceedings;

(e) the child, if of sufficient age and understanding.

(6) This rule does not affect any power of the court to direct that witnesses shall be excluded until they are called for examination.

[F24 (7) In this rule—

“duly accredited” refers to accreditation in accordance with any administrative scheme for the time being approved for the purposes of this rule by the Lord Chancellor; and

“duly authorised lawyer” means a person who meets the criteria specified in Practice Direction 27B.]

Textual Amendments

F16 Words in rule 27.11(1)(b)(i) inserted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 4(7)

F17 Word in rule 27.11(2)(f) omitted (1.10.2021) by virtue of The Family Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/875), rules 1, 10(a)(i)

F18 Rule 27.11(2)(ff) inserted (1.10.2021) by The Family Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/875), rules 1, 10(a)(ii)

F19 Words in rule 27.11(2)(g) inserted (6.4.2023) by The Family Procedure (Amendment) Rules 2023 (S.I. 2023/61), rules 1(3), 12(a)

F20 Words in rule 27.11 inserted (6.4.2023) by The Family Procedure (Amendment) Rules 2023 (S.I. 2023/61), rules 1(3), 12(b)

F21 Words in rule 27.11(3) inserted (1.10.2021) by The Family Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/875), rules 1, 10(b)

F22 Words in rule 27.11(4) inserted (1.10.2021) by The Family Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/875), rules 1, 10(c)

F23 Words in rule 27.11(5) inserted (1.10.2021) by The Family Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/875), rules 1, 10(b)

F24 Rule 27.11(7) substituted (1.10.2021) by The Family Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/875), rules 1, 10(d)