The President of the Family Division has recently published new guidance for short-notice public law applications together with the Newborn Baby Protocol for England and Wales. Taken together, these documents represent one of the most significant procedural developments in public law children work for a number of years.

Whilst they deal with different stages of the child protection process, both documents seek to address the same underlying concern: that too many families continue to find themselves before the Family Court at very short notice, often with insufficient time for proper assessment, legal advice, family engagement or planning.

The common message is clear. Earlier identification of concerns, robust pre-proceedings work, proper family network exploration and better information-sharing should reduce unnecessary urgency and improve outcomes for children and families.

Why Was New Guidance Needed?

The judiciary has expressed increasing concern regarding the growing number of urgent public law applications being issued at a very short notice.

Emergency applications will always have a place within the child protection system. There will always be cases where a child faces immediate risk and urgent judicial intervention is necessary.

However, concerns have developed that some applications are being issued urgently when, with earlier planning, they may not have required emergency intervention at all.

The consequences of short-notice applications can be significant:

• Parents may have little time to obtain legal advice

• Children's guardians may have limited opportunity to meet parents or wider family members

• Courts may be required to make significant decisions under considerable time pressure

• Important family members may not have been identified or assessed

• Opportunities for family-led solutions may be missed

The new guidance seeks to promote a more structured approach and ensure that urgency remains genuinely exceptional.

The Newborn Baby Protocol

The most significant practical development for many family law practitioners us the publication of the new Newborn baby Protocol.

The protocol recognises that proceedings involving newborn babies are among the most serious cases heard by the Family Court. Decisions concerning a baby at or shortly after birth may have lifelong consequences and require particularly careful planning.

The protocol therefore seeks to move planning significantly earlier in the process.

Earlier Identification of Risk

The protocol expects local authorities to identify cases involving unborn babies at an early stage wherever concerns already exist.

Rather than waiting until immediately before birth, practitioners are expected to begin assessment and planning during pregnancy.

This reflects a growing recognition that:

• Parents require adequate time to understand concerns

• Professionals require adequate time to explore support options

• Courts require good quality evidence if intervention is eventually required

Completion of Pre-Birth Assessments

One of the protocol's most important expectations is that pre-birth assessments should generally be completed by around 30 weeks' gestation.

This has practical significance.

Historically, many parents have reported finding themselves faced with proceedings close to birth without fully understanding the local authority's position.

The protocol seeks to avoid that situation by ensuring:

• Concerns are identified early

• Assessments are completed well before labour

• Parents are informed of professional recommendations at a meaningful stage

• Alternative family options can be explored before urgent court intervention becomes necessary

Family group Decision Making

A major feature of the protocol is the emphasis placed upon Family Group Decision Making (FGDM).

The protocol encourage local authorities to explore family-led solutions wherever possible before proceedings become necessary.

This reflects a clear policy objective.

If the wider family can safely support a child, those options should be explored before court proceedings and certainly before removal at birth is contemplated.

For practitioners, this is likely to mean increased focus upon:

• Wider family identification

• Paternal family involvement

• Kinship care exploration

• Family meetings and conferences

• Realistic assessment of support networks

Greater Involvement of Cafcass Before Birth

Another important development is the expectation that Cafcass / Cafcass Cymru should be notified before birth where proceedings are anticipated.

Historically, Guardians have often become involved only after proceedings are issued.

The protocol aims to provide earlier visibility of cases and to support more effective planning where applications appear likely.

Proceedings Issued Near Birth

The protocol also seeks to improve consistency in cases where proceedings are ultimately necessary.

The expectation is that, where proceedings are required, they should generally be issued:

• On the day of birth

• By noon on the next working day where birth occurs outside normal court hours

This aims to reduce uncertainty and avoid situations where babies remain in legal limbo shortly after bith.

What Does This Mean for Practitioners?

For local authorities, the guidance creates stronger expectations around:

• Early Assessment

• Pre-birth planning

• Family network exploration

• Evidence gathering

• Avoiding avoidable urgency

For parents and their representatives, the guidance should lead to:

• Earlier information-sharing

• Earlier legal advice

• More opportunity to respond to concerns

• More opportunity to identify family support

For Children's Guardians and practitioners representing children, there is likely to be greater emphasis upon:

• Early engagement

• Rigorous scrutiny of urgency

• Exploration of family-led solutions

• Ensuring that emergency applications are truly necessary

Final Thoughts

The new guidance and protocol are not simply procedural changes. they reflect a broader shift within the family justice system towards earlier planning, better decision-making and the reduction of avoidable emergency applications.

Whether acting for parents, children, guardians or local authorities, practitioners are likely to see increasing judicial scrutiny of cases where significant decisions are made at the last minute and increasing emphasis upon what has been done before proceedings are issued.

Ultimately, the message from both documents is that urgent intervention will always remain unnecessary in some cases, but where proceedings can be anticipated, planning should start much earlier and families should be given a meaningful opportunity to engage before the Court is asked to step in.

Family Court Short Notice Application Guidance

Newborn Baby Protocol

Context: Newborn Baby Protocol England and Wales