Updates from the Bench

HHJ Bellamy Newsletter Sept 2016

  |   Latest News, Updates from the Bench

Local practitioners will be interested to read HHJ Bellamy’s most recent newsletter, downloadable here.  It includes information about the upcoming (ever-successful) annual conference, to be held on 28th October 2016, and a request for financial contributions to the running of this website.  If you or your organisation is able to make even a small contribution, please use the Contact Us page, we would be very grateful!

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HHJ Bellamy to move to pastures new

  |   Latest News, Updates from the Bench

Leicester and Leicestershire Designated Family Judge has today announced that he will be departing the Leicester Family Court on 30th November 2016 to take up a new post as DFJ of Derby on 1st December 2016.

 

HHJ Michael Handley will become DFJ for Leicester and Northampton.

 

LLFJB.com thanks HHJ Bellamy for his unending support before and since our inception; we are sure it will continue from afar.

 

The full announcement can be downloaded below.

Newsletter 23 – June 2016

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Re L (Case Management: Wasted Costs)

  |   Latest News, Updates from the Bench

HHJ Bellamy has recently handed down judgment in Re L (Case Management: Wasted Costs) [2016] EWFC B8 in which he makes wasted costs orders against all legal representatives in a case involving a late adjournment of a fact finding hearing.

 

The judgment sets out in detail the expectations of legal representatives handling cases in the family court, and HHJ Bellamy’s view that any failure to comply with the duties identified which leads directly to the adjournment of a hearing is likely to be considered negligent in the context of wasted costs.

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S.31 Children Act – Pre-Proceedings Protocol

  |   Latest News, Updates from the Bench

Designated Family Judge HHJ Bellamy, in consultation with Leicester City Council and Leicestershire County Council, has issued an updated Pre-Proceedings Protocol for child protection cases which may be brought under s.31 Children Act 1989.  Social workers and lawyers alike should familiarise themselves with the protocol, which aims to divert cases from court where possible, and to ensure that cases are fully and properly prepared if they are brought before the court.

 

The protocol replaces the Pre-Proceedings Protocol of July 2014.

 

The protocol can also be downloaded from our INFORMATION CENTRE.

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Section 20 Practice Guidance

  |   Latest News, Updates from the Bench

In the light of recent developments in case law in respect of the use (and misuse) of s.20 Children Act 1989 by local authorities when children are voluntarily accommodated in their care, Leicester Designated Family Judge HHJ Bellamy has issued local Section 20 Practice Guidance.

 

The guidance brings together principles from the case law, statutory guidance and aims to ensure compliance with the Human Rights Act 1998.  It is recommended reading for all practitioners and social workers who deal with child protection cases.  It can also be downloaded from our INFORMATION CENTRE.

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New CAP Forms

  |   Education & Training, Latest News, Updates from the Bench

The President of the Family Division has issued a statement announcing the release of new standard orders to be used under the Child Arrangements Programme with immediate effect.  The intention is to shorten the orders and make them easier and more accessible for court users.

 

The orders replace the previous CAP forms.  A Master Copy tick box form is being made available to all court staff to complete the orders and can be used to complete orders at court by hand.

 

For ease of use, we have also produced the three forms in a template format that can easily be downloaded and completed electronically.  They are also available for download from the PRIVATE LAW section of our Information Centre.

CAP Allocation and Gatekeeping

CAP Directions and Orders

CAP Enforcement

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