Related proceedings
As a general principle, if further proceedings are issued during a care case, which relate to the same children, the existing care certificate can be amended to cover those related proceedings. See sections 10.20 and 10.21 Lord Chancellor’s Guidance.
10.20 In accordance with paragraph 1(2) of Part 1 to Schedule 1 of the Act, civil legal services may be provided in cases which are being heard as an alternative to, or together with, proceedings in paragraph 1(1). Where these services are being provided with special Children Act 1989 cases these civil legal services will also be non-means tested and an application for an amendment should be made to the special Children Act 1989 certificate where civil legal services are required in these proceedings.
10.21 Proceedings will be “heard together” where they are dealt with together or immediately after the outcome of the principal proceedings as part of the same hearing, including any adjournment (paragraph 1(2)(b) of Part 1 of Schedule 1). An order will be “sought as an alternative” when it is intended to make an order under ss.31, 43, 44, or 45 unnecessary – this will extend to, for example, an application for a s.8 order in care or supervision proceedings but will not extend to, for example, a domestic violence injunction order or a financial order between parties.
However, if the fresh proceedings are issued after the making of a final care order, or are listed and timetabled to be heard separately from the care proceedings, they will not meet the definition of “heard together”, and therefore must be subject to a separate means and merits tested certificate.
Secure accommodation
While secure accommodation proceedings were traditionally seen after the making of a final care order, we are seeing more and more applications being made within ongoing care proceedings.
There is a secure accommodation wording description within the Special Children Act matter type, and the existing certificate can be amended to include the additional proceedings, using the following wording:
‘Secure Accommodation Order – SCA to be represented on an application for a Secure Accommodation order’.
Deprivation of liberty
The treatment of deprivation of liberty cases will depend on how the court deals with the application.
As set out above, if the application is made within existing care proceedings, and is timetabled to be heard alongside the care case, it will be treated as “related proceedings”, meaning the care certificate can be amended to cover it.
There is no specific wording description for these proceedings in the Special Children Act matter type. Therefore, you should submit the amendment as a scope limitation request using the limitation “Hearing”. You should free type the relevant wording into the scope limitation, for example, “in relation to an application for a deprivation of liberty order, to include all steps up to and including the final hearing of that application”.
However, if the deprivation of liberty application is timetabled separately from the care case, submit a separate means and merits tested application under the High Court matter type. Select the following proceeding wording:
‘Order under Inherent Jurisdiction – welfare of child – High Court
To be represented on an application for an order or declaration dealing with the welfare of a child under the inherent jurisdiction of the High Court’.