How to run a case in a Child Focused Court

Wherever you are in the country, it is only a matter of time until child focussed courts are coming, so you need to know about them. We are joined by Angela Killa (JCP solicitors) and Elizabeth McGrath KC (3PB) to tell us about how to run a case in a child focussed case.

Angela starts with giving a rundown of how child focused courts function:

ApplicationInitial Gatekeeping (in the absence of the parties)Child Impact Report, plus potentially referrals to domestic abuse serves and DASH risk assessmentSafeguarding Gatekeeping Appointment (in the absence of the parties) Single decision hearing where possible, if not possible other directions (e.g. interim  hearing, fact-finding, s7 report, statements) leading to final hearingAngela tells us that it is really important to frontload the work and have the evidence available before you issue proceedings, because there will be no time after proceedings are issued.  Be warned that in certain parts of the country, only 7 days is allowed for statements to be produced.

Angela tells us how it is crucial that you add much more detail into the C100 than previously, given the limited opportunity to put evidence and your client’s case before the court.  Equally much more care needs to be given to the C1A getting allegations correct and ensuring it sets out comprehensively what evidence is available; consider asking for a direction to be allowed to file it.  If there are relevant witnesses consider documenting what evidence they can provide and why it is relevant in the application, as well as asking for a direction to file their evidence.

Angela and Liz agree it is better to have Counsel involved before proceedings are issued to provide advice on the application, evidence and directions sought.  Ensure that you have a conference arranged for when the child impact report is filed because there is likely only going to be 7-days for Counsel to identify whether they need to cross-examine the Officer, what arguments they seek to run and for the C2 to be filed seeking the Officer’s attendance at the final hearing. If you are representing a respondent, consider filing a response to ensure your client’s case is available before the child impact report is filed.

Liz tell us about how to manage high risk cases that may involve serious allegations of abuse.  She reminds us that whilst the aim of the model is to remove adversarial, contested hearings the arbiter of the facts remains the Judge, so advocates need to be alive to w