What is a Gatekeeping Appointment?

WHAT IS A GATEKEEPING APPOINTMENT?

 You have completed your Application for a Child Arrangements Order C100 and paid the Court Fee (or obtained your exemption).

You then receive an Order from the Court saying that CAFCASS have been ordered to prepare a Safeguarding letter, and that a date has been set for a Gatekeeping Appointment which the parties do not attend.

There is nothing sinister in this. A Gatekeeping Hearing is the final part of the gatekeeping process, an initial stage in child arrangement application which is designed to ensure that the case is managed effectively and that the child’s welfare remains the central focus throughout the proceedings.

WHAT HAPPENS FIRST THEN

As soon as the application is made, then it is referred to the “Gatekeeping Team” who will review some basic issues such as:

1. Geographical Location. If the parent with the care of the child lives in a different area then the case is likely to be transferred to a Court in their local area
2. MIAM If a Miam exemption has been claimed this will be reviewed and if it is considered that Mediation should be attempted then the matter will be remitted to the Applicant for an attempt to be made.

WHAT TIME IS THE HEARING?

Whilst it is listed as a “hearing date” there is no set time when the matter will be dealt with by the Legal Adviser to the Magistrates.

WHO?

Magistrates’ court legal advisers, sometimes referred to as court clerks, are employed by HM Courts and Tribunals Service, and provide legal advice in the magistrates’ Courts in England and Wales.

The Magistrates’ Courts deal with 60% of Family Court cases in England and Wales. They are presided by Magistrates – non-legally qualified volunteers. The role of the legal adviser is to advise the Magistrates on the law and legal procedures.

SO WHAT ACTUALLY HAPPENS?

On the specified date the Legal Adviser will review the C1OO and any other forms submitted and read the Safeguarding letter which has been produced by CAFACSS and the recommendations that CAFCASS has made.

Having done this, they will address the following issues:

1. Allocation of the Case: Which level of judge should handle the case, based on its complexity and the issues involved. If there are disputed claims of domestic abuse, particularly sexual abuse then the matter will be allocated to a District Judge rather than remaining with the magistrates.
2. Consideration of Urgent Issues: If there are any urgent matters that need immediate attention, such as concerns about the child’s safety, then an accelerated hearing may be listed
3. Initial Directions:  A date will be allocated for the First Hearing and Dispute Resolution Appointment (FHDRA) which will be the first hearing at which the parties are expected to attend. An Order may also be made for the filing of any other Reports or documents which may be necessary.
4. Involvement of CAFCASS: If the Safeguarding letter has indicated that there needs to be a Section 7 Report then this can be ordered immediately to avoid delay

If you require assistance with any family law related matter, please contact us to arrange a fixed fee consultation.

Article Dated: 11/11/24