Section 13 of the Children and Families Act 2014
Within Court Proceedings, many complex terms and abbreviations are often used, including the mention of a Part 25 application but what does this actually mean? Trainee Solicitor, Emily Facer discusses ‘Section 13 of the Children and Families Act 2014’ and ‘Part 25 applications’ in her latest blog…
What is a Part 25 application?
A Part 25 (Family Procedure Rules 2010) application is frequently used within Family, and Care Proceedings which in most cases involves one party seeking permission from the court to instruct a specific expert for the purposes of preparing an expert report or assessment. The type of expert identified will depend on the nature of the case itself.
Section 13 of the Children and Families Act 2014
This is the relevant legislation in respect of this type of expert evidence and sets out the test as to whether the court should give permission for an expert assessment. In a case where a child is subject to proceedings, if expert evidence is required, the courts leave is usually required under this Act. If the Courts leave has not been provided, no evidence arising from the report/assessment can generally be produced.
The test used is intended to allow the court to control the use of experts within a case, to ensure they are necessary, of good quality and to try and reduce the number of experts instructed. When making the application, it is essential to demonstrate that the instruction for an expert is necessary for the determination of the case, as opposed to simply being helpful or preferable.
What is an Expert?
An ‘Expert’ for these purposes is a person who provides some kind of expert evidence for instance, a doctor, independent social worker or psychiatrist, who will prepare a detailed report which is necessary in order to conclude or further assist court proceedings.
When making a Part 25 application, the applicant should submit the application together with the reasons as to why an Expert assessment is necessary, and also set out the details of the proposed Expert. There are usually further documents alongside this to assist with the application, for instance, the CV of the proposed Expert, details of their fees and most importantly a list of questions for the Expert to address.
Will a Part 25 Application Always be Ordered?
Not all Part 25 Applications are allowed as the Court will only allow for expert evidence if it is necessary to resolve the proceedings. The Court will take into consideration various factors in deciding if a Part 25 application is to be granted. For example:-
- The time the assessment will take, and if this will cause undue delay.
- The impact the report may have on the parties.
- Is it necessary to resolve proceedings.
- The cost.
If the Court does order an Expert to be instructed, they must submit a written report within a specified timescale. This will then be provided to all relevant parties within the proceedings for their consideration.
Once the application is made, any party may ask follow on questions to the Expert within 10 days of receipt of the report.
July 2024