Legislation update

Forced Marriage

The Forced Marriage (Civil Protection) Act 2007 came into force on 25 November 2008. As a result, the Family Proceedings Rules have been altered so that they now include the procedure for making applications for Forced Marriage Protection Orders. Accordingly, the CCInform version of the Family Proceedings Rules has been amended to incorporate the new rules about FMPOs: Rules 3.25 to 3.36.The amended Rules are available at www.ccinform.co.uk/Assets/getAsset.aspx?ItemID=5647.

The new Act will be of particular interest to local authorities in areas with courts that are approved to hear applications for forced marriage protection orders. Click here for further information about Forced Marriage Protection Orders, see the Government's official Explanatory Notes to the 2007 Act.

Adoption

A small amendment has been made to the CCInform version of the Family Procedure (Adoption) Rules as a result of recent changes. As amended, the Rules are available at www.ccinform.co.uk/Assets/getAsset.aspx?ItemID=5534.

The change is to Rule 55 on litigation friends in adoption proceedings. This has been altered so that the official solicitor must give his consent if he is to be appointed as a litigation friend, e.g. to represent a parent without the mental capacity him/herself to instruct solicitors to defend an application in adoption proceedings.

Care Standards

The Care Standards Tribunal ceased to exist on 3 November 2008. As part of a general reform of tribunals in England and Wales, its functions were transferred to the Health, Education and Social Care Chamber of the First-tier Tribunal established under the Tribunals, Courts and Enforcement Act 2007. The new tribunal also inherits the functions of the SEN Tribunal for England.

The new Tribunal will operate according to a new set of procedural rules which can be accessed from section 21 of our guide to the Care Standards Act 2000: click here. The rules will be of interest to persons providing and managing child care settings registered with OFSTED in England or CSSIW in Wales, such as children's homes and independent fostering agencies. If OFSTED or CSSIW bring enforcement action, appeals against that action will be governed by the new rules.

Conduct

The disappearance of the Care Standards Tribunal also has an effect on appeals against conduct and other decisions of the General Social Care Council and the Care Council for Wales. Appeals will now be heard by the new First-Tier Tribunal, according to a new set of procedural rules. Further details can be found at section 68 of the CCInform guide to the Care Standards Act 2000.