Lead Family Presiding Judge consults on short notice application guidance and newborn baby protocol

The draft guidance has been produced by the Short Notice Applications Working Group with the aim of reducing the number of urgent applications, and to introduce a “more consistent, timely and proportionate approach” to gatekeeping and case management by the court.

The working group was established in November 2024, a time when short notice applications made up more than 60% of all public law cases.

For the purposes of the consultation, all applications made before day 12 are considered as urgent/short notice.

Mr Justice Keehan said: “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.”

He added that 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 has been included.

The documents to be consulted on are as follows:

• 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.
• 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,” Mr Justice Keehan said.
• Template Orders:
  • 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

The consultation is open until Monday 13 April at 5 pm.

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.

Lottie Winson