We’ve created the following templates to help you draft documents used in care proceedings. .
The judiciary consider the templates to be examples of good practice, in line with the Public Law Outline. They also support the requirement under the Children and Families Act 2014 to deal with applications within 26 weeks.
Drafting care proceedings
This document contains guidance on drafting and using the following documents for use in care proceedings:
- threshold statements
- case summaries
- schedules of proposed findings
- position statements
- skeleton arguments
- draft case-management orders
This guidance has been drafted with input from members of the senior judiciary.
Template threshold statement
A threshold statement should be a simple one- or two-page document, setting out which threshold criteria have been satisfied to make a care proceeding necessary.
The introductory paragraph should be very brief and should go no further than the wording in this template.
Template local authority case summary
The case summary is a document outlining the circumstances and details of the case, including:
- information on significant persons
- the position of each party
It should be drafted in neutral terms if it cannot be agreed between the parties.
Template schedule of proposed findings
The court will direct the local authority to draft a schedule of proposed findings if:
- the threshold statement is not agreed
- the threshold statement is actively opposed
- findings are necessary in the circumstances of a case
The schedule of proposed findings should plead the most significant and relevant incidents for which findings are needed, rather than every incident.