Glossary

To take another person’s child into your family and legally raise them as your own child.

A person (e.g., solicitor, barrister, or other representative) who supports and speaks on behalf of a child, parent, or other party in court.

When you are ‘giving evidence’ you will either ‘swear’ or affirm, which means that you promise to tell the truth. If you have no religious beliefs, you will ‘affirm’.

When one person says something happened to them (such as an allegation of physical or sexual abuse).

The decision about which level of court (e.g., Family Court, High Court) will deal with a case.

An application to a higher court for a review of a decision of a lower court.

The process of gathering information about a child’s needs, the family’s capacity to meet those needs, and any risks involved. Includes parenting assessments or risk assessments.

This is a hearing where you need to go in person to the court.

A legally trained person (a ‘member of the bar’) who has the ‘rights of audience before all courts’, which means they are representing clients at all levels of the court. A barrister is often instructed by a solicitor.

A guiding principle that all decisions in court must prioritise the child’s welfare above all else.

A collection of documents relating to the court case, including evidence, statements, and reports, which is shared between parties and provided to the court.

An independent organisation that is part of the Ministry of Justice. CAFCASS represents the interests of the child in both public and private family proceedings.

A court order placing a child in the care of the local authority, giving the local authority parental responsibility for a child until they reach the age of 18. This is Section 31 of the Children Act 1989.

A hearing in care proceedings to consider what directions are necessary to ensure that a fair process takes place and to timetable to ensure the case is resolved in a reasonable timescale.

Private law order, for a child to either ‘live with’ or ‘spend time with’ a parent/carer. The making of the order also gives the adult parental responsibility.

An order allowing the applicant (usually the local authority) to carry out an assessment of the child’s health and development or the way in which the child has been treated, in cases where the family have prevented any assessment from taking place and there are significant concerns about that child’s welfare.

CFAB is the only UK charity with an inter-country social work team. CFAB provides casework services in the UK and abroad referred by local authorities, statutory agencies, charities and individual members of the public, as well as partners in the International Social Service network, of which CFAB is the only UK member.

A CAFCASS worker appointed by the court to independently represent the child’s best interests in the proceedings.

A judge who sits in the county court and can make some decisions that a higher judge, ‘section 9’ judge can.

An order made in the high court for the court staff (‘tip staff’) to be given access to various locations to collect a child who is missing and return them to their placement.

Another term for barrister.

A witness being asked questions from other legal parties during a hearing.

An order that allows a person’s human rights and freedoms to be restricted, such as the right to restrain a young person or to have alarms on doors in a residential unit. These orders are time limited.

The area in which a child or family reside and which the local authority has a duty to respond.

A court hearing to give instructions about how the case will progress, including deadlines for submitting evidence or reports.

A court order ending an existing order, such as a care or supervision order. The application to remove a care order, can be made by a person with Parental Responsibility, the local authority or the child.

The process of sharing relevant information and documents between parties in the case.

A full-time judge who presides over the majority of family cases in court.

An order that gives the local authority immediate powers to remove a child to a safe place, in most cases their removal from the care of their family, or to prevent their removal from a safe place. This order is time limited.

A professional, such as a psychologist or medical expert, who provides independent advice or evidence to the court.

A hearing where disputed allegations are tested in evidence and a judge decides what did or did not happen on the legal test of ‘a balance of probabilities’.

A private law order, that is time limited (the length would be agreed at court) for support to be provided to a family from either the local authority or Cafcass.

A court that operates within the family court and provides wrap-around support and assessment for cases involving drug or alcohol issues.

This is a family-led process which enables all possible actors to determine what they consider to be the best long-term plan and to make decisions for a child at risk. This can involve family members from overseas and the children in question usually participate as well. One model of family group decision-making is a family group conference. This will be conducted with the support of a qualified family group conference coordinator who is independent of the family.

A hearing at the last stage of care proceedings, either contested or agreed, where the court makes a final decision and final orders in respect of the children are made and the court case is concluded.

An order to prevent forcing or attempting to force another person to enter into a marriage or purported marriage without the other person’s free and full consent.

When a person is called as a witness in a contested hearing, they ‘give evidence’. Questions will be asked of them by the all or most of the barristers/solicitors in the case.

A 1996 convention signed by a number of countries to enforce rights of custody and prevent wrongful the removal of children.

The court that deals with more complex or serious family cases, such as international abduction or cases involving inherent jurisdiction.

A person who ensures that the local authority’s care plans for a child are appropriate and in their best interests.

The power of the High Court to make decisions, make orders and grant injunctions in specific circumstances and in exceptional cases where no specific legal framework applies.

An interim order giving parental responsibility to the local authority. The local authority will share Parental Responsibility with parents/carers who already hold Parental Responsibility of the child.

An interim order to a local authority that gives them the ability to work with families and advise, befriend and assist them. It does not give them Parental Responsibility of the child.

A person who has been given a specific status in proceedings to be able to contribute and put their case to the judge on a limited issue within wider proceedings.

A hearing that looks to narrow the disputes between the parties and hopefully resolve the proceedings without the need for a contested final hearing.

A barrister is a senior barrister or solicitor in the UK who has been recognized for exceptional skill in advocacy, essentially signifying a high level of legal expertise and achievement. They tend to deal with more complex cases.

This is a person who looks after a child who cannot safely live with their parents. It can be a family member, such as Grandparents, Aunts, or older siblings, or it could also be a family friend.

A document sent by a solicitor to an assessor or expert witness, outlining the circumstances of the care proceedings and questions they need to address in their assessment.

This term is defined by the Children Act 1989 and refers to a child in the care of a local authority. Looked After Children fall into four main groups: “Children who are accommodated under voluntary agreement with their parents (section 20); Children who are the subject of a care order (section 31) or interim care order (section 38); Children who are the subject of emergency orders for their protection (section 44 and 46); Children who are compulsorily accommodated. This includes children remanded to the local authority or subject to a criminal justice supervision order with a residence requirement (section 21)”

A person who can support a person who has no legal representation through a hearing.

Can hear and make decisions on some public and private law cases. They are not legally trained like judges and will hear less complex cases.

Under Section 1 of the Children Act 1989, a court must not make an order in respect of a child unless it considers that doing so would be better for the child than making no order at all.

A hearing where some parties of the proceedings have not been given any notice.

An order under the Family Law Act 1996 prohibiting a person from molesting another person. The order usually prohibits that person from harassing, pestering, intimidating, threatening or using violence against the other person.

An order under the Family Law Act 1996 regulating occupation of a home. It includes the power to either allow a person back into a home or to exclude a person from a home and/or from a defined area in which the home is included.

A government agency which represents minors or adults under legal disability, and sometimes others, in county court or High Court proceedings in England and Wales, and in the Court of Protection. It also acts as last resort personal representative of the estate of a deceased person, or trustee of a trust, and other functions.

A legal framework designed to ensure care proceedings progress efficiently and without unnecessary delay. PLO can also be used as another way of referring to the work that happens before proceedings are issued (“pre-proceedings”), where the family are assessed to see whether proceedings can be avoided or not. It is important to note that it refers to the whole legal framework, both pre-proceedings and care proceedings.

Under Section 3 of the Children Act 1989 this is defined as all rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to a child and the child’s property.

An application for an expert assessment, such as a psychological assessment or an independent parenting assessment, within the care proceedings.

The legal term for everyone who is a full participant in the care proceedings.

An order authorising a local authority to place a child for adoption.

Under Section 46 of the Children Act 1989, where a police officer has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, a police officer may: (a) remove the child to suitable accommodation and keep them there; or (b) take such steps as are reasonable to ensure that the child’s removal from any hospital, or other place, in which they are then being accommodated is prevented. A child can be kept in police protection for a maximum of 72 hours.

Can be attached to a Non-Molestation or Occupation Order allowing a police officer to arrest a person whom he or she has reasonable cause for suspecting to be in breach of the order and bring that person before the court within 24 hours of arrest

A Directions hearing usually shortly before the final hearing.

A court order that prevents a parent or other person from making certain decisions about a child. The order is intended to protect the child's welfare.

A judgement requiring local authorities and the Cafcass Guardian to analyse all the viable placement options for children when making decisions about their care plans, and to record that analysis in the SWET. In the SWET, the social worker would usually set out this analysis under the “realistic options” heading, in a table.

A judgement requiring all parties to give consideration to deciding whether and how a child should give evidence in their care proceedings.

A part time judge, who also works as a barrister.

Under Section 50 of the Children Act 1989, the court may make a recovery order where it appears to the court that there is reason to believe that a child who is in care is missing or has been unlawfully taken or kept away or has run away or is staying away. The order requires any person who has knowledge of the whereabouts of the child to disclose this information and allows the police to enter any specified premises named in the order to search for the child, using reasonable force if necessary.

A hearing that is held without people going into the court building, usually via online technology, but can also be held via phone.

Asking the Court to discharge a Placement Order if a child’s plan has changed from adoption to another form of permanency.

A voluntary agreement for a child to come into care. Agreement for this can be given by a person who holds Parental Responsibility for the child, and a child aged 16 and over can give their own agreement.

The part of the law that allows the local authority to stop contact between a Looked After child and their parent (s).

A report directed by the court in private law case, in which the local authority are asked to decide if they will or will not be issuing public law proceedings in respect of the child due to concerns around the child’s risk of or actual significant harm.

A report written by Cafcass or the local authority to assist the court in making decisions about a child’s welfare in private law cases.

The part of the law that prevents a parent from making repeat applications to the court if they are without any merit. It means that the parent will need to seek permission of the court to make any more applications. These orders are time limited.

Under Section 25 of the Children Act 1989, a Looked After child may not be placed, and if placed, may not be kept, in secure accommodation unless it appears: (a) that (i) they have a history of absconding and is likely to abscond from any other description of accommodation; and (ii) if they abscond, they are likely to suffer significant harm, or (b) that if they are kept in any other description of accommodation they are likely to injure himself or other persons. A Secure Accommodation Order can only be made for up to 6 months at a time.

Member of the legal profession mainly concerned with advising clients and preparing their cases and representing them in some courts. May also act as advocates before certain courts or tribunals.

A court order placing a child with someone other than their parents, giving them Parental Responsibility while maintaining the child’s legal link to their birth family. The order is intended to place a child with a non-parent with a degree of permanence, which is greater than a simple residence order, but less final than full adoption.

An order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of Parental Responsibility for a child.

A document setting out the reasons why the local authority believes intervention is necessary.

An order, that can be made up to 12 months and up to 2 years on a 2nd application, where a local authority remains involved with the child to befriend, advise and assist a family.

A person who has religious beliefs will swear on the relevant holy book to promise to tell the truth when in the witness box and about to give evidence

The legal test that must be satisfied for the court to make a care or supervision order, where the court is satisfied that: (a) that the child is suffering or is likely to suffer significant harm; and (b) that the harm or likelihood of harm is attributable to: (i) the care given to the child, or likely to be given to the child if the order were not made, not being what it would be reasonable to expect a parent to give to him; or (ii) the child being beyond parental control.

A schedule set by the court to ensure decisions are made in the child’s timeframe, considering their age and needs.

When a person gives a legal promise to the judge about what they will and will not do. If the person breaks that promise, they could be seen as in ‘contempt of court’ and there could be repercussions, such as being arrested.

A legal arrangement where the High Court takes responsibility for a child, making significant decisions about their welfare.

Under Section 1 (3) of the Children Act 1989, a list of factors that the court considers when making decisions about a child’s welfare: (a) the ascertainable wishes and feeling of the child; (b) his physical, emotional and educational needs; (c) the likely effect on him of any change in his circumstances; (d) his age, sex, background and any other characteristics which the court considers relevant; (e) any harm which he has suffered or is at risk of suffering; (f) how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs; (g) the range of powers available to the court under the Act.

The name of the chair and area that a witness will go to when giving oral evidence in the court