The Case

Family proceedings - Orders in family proceedings. When a split hearing is ordered in care proceedings, express consideration should be given by all parties and the court to whether satisfaction of the threshold criteria under s31(2) of the will be considered and determined as part of the first, the final or an intermediate hearing. Orders for directions should identify and describe with clarity what is to be the subject of evidence, argument and decision at each future hearing. Labels such as 'threshold hearing' and 'threshold document' must be used with great care and in particular must not be confused with 'fact-finding hearing' and 'schedule of proposed findings of fact'. In any case in which the threshold criteria are alleged to be satisfied on the basis of future risk rather than of past harm to a child, there must be a clear written analysis and description by the local authority of the facts alleged to give rise to that future risk in relation to each child, to which all other parties have the opportunity to make written response. Where there is a split hearing, express consideration should be given to whether the documents referred to above should be prepared before, or only after and in the light of, the determination of the fact-finding hearing and, if appropriate, further assessments. Where proceedings are consolidated or other children are added as subjects of existing proceedings, great care should be taken to scrutinise earlier orders for their suitability to the consolidated or enlarged proceedings.