The Magistrates' Association

The Family Proceedings Court

Family Proceedings courts are much more relaxed than criminal courts. Usually everyone sits round a large table and, apart from when the magistrates enter the courtroom, everyone remains seated throughout the hearing.

Courts are not always absolutely the same but usually the layout of the court is something like this. These are special courts in which magistrates hear cases concerned with families and children. The people in court depend on whether it is a 'Public Law' or 'Private Law' case. Place your mouse over any part of the diagram for more information.

Magistrates

These are ordinary people who are not legally qualified but who have been especially trained to hear cases about children and families.

There are usually three magistrates who sit together and listen to what everyone says before they decide what should happen.

The magistrates always give detailed reasons why they make their decision.

Clerk/Legal Advisor

- Legally qualified.

- Contacts the other parties to set dates for the cases.

- Advises the magistrates on the law and procedure when necessary.

- Keeps a record of the proceedings and can assist with reasons for decisions.

Social Services

Sometimes, when a family has had a problem, there is a social worker from the local authority who visits and tries to help them.

They often have to come to court and give evidence about what they know about the family and why they think a particular action is necessary.

Applicant

The applicant

Respondent

The respondent

Children's Guardian

The guardian is a very experienced social worker who handles cases involving children. They talk to the children involved and tell the magistrates what they think would be best for the child/children.

The guardian is an independent person who meets with all the different people in the case, talks to them and prepares a report which helps the magistrates to decide what is the best thing to do in the future.

These social workers often have to give evidence in court.

Local Authority

This is the name given to the organisation which is responsible for the local social services department and their social workers.

The Court Usher:

- often wears a black coat so that people can find them easily

- checks the arrival of people at court

- shows people in and out of the court

- gives people information about which court they should be in

- calls the witnesses

- generally keeps things running smoothly

A good usher checks a witness' name and religion so that they can swear an oath on their Holy Book.

They also help a court run very efficiently and calm people down who are angry, worried or impatient, or often all three!

There are two different types of case held in a family proceedings court.

Public law cases when usually the local authority will be asking for some action to be taken to help children they believe are in some danger.
Private law cases when families are arguing about things like whether a child should live with his/her mother or father when the parents have separated.

When judges and magistrates have to make decisions about the future of these children, they are helped by social workers who help give advice about where the best interests of the children lie.

Home Page • Magistrates • Courts • The Law • Fun things to do • Useful Contacts

Magistrates

There must be at least two (ideally one male and one female) but there are usually three.

Their duty is to make decisions in a fair way and to speak to people in the court using simple and clear language.

Only the chairman will normally speak but all three magistrates have equal rights in decision-making.

Only magistrates who have been specially trained can sit in a youth court.

Legal Advisor

- Legally qualified.

- Assists defendants who do not have legal advisers by explaining what happens step by step.

- Puts the charges to the defendant.

- Advises the magistrates on the law and procedure when necessary.

- Keeps a record of the proceedings.

Prosecution

The prosecution represents different organisation that have to give the facts to the magistrate to prove that the person broke the law. Most cases are handled by the Crown Prosecution Service (CPS).

The CPS presents the prosecution case and makes requests for costs and compensation.

Defence

Someone who has qualifications in law and represents the child in the case, not the parent.

Youth Offender Team (YOT)

A team of professionals who deal with young people and who organise programmes that try to change their offending behaviour.

This will include talking to, and sometimes meeting with, victims as well as the families of offenders.

Parent/responsible adult

Until a child is 18 years old, a parent or guardian is responsible for all aspects of a child's needs and is held responsible for all their actions.


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Usually everyone sits round a large table and, apart from when the magistrates enter the courtroom, everyone remains seated throughout the hearing. Courts are not always absolutely the same but usually the layout of the court is something like this. These are special courts in which magistrates hear cases concerned with families and children. The people in court depend on whether it is a 'Public Law' or 'Private Law' case. Place your mouse over any part of the diagram for more information. Magistrates These are ordinary people who are not legally qualified but who have been especially trained to hear cases about children and families. There are usually three magistrates who sit together and listen to what everyone says before they decide what should happen. The magistrates always give detailed reasons why they make their decision. Clerk/Legal Advisor - Legally qualified. - Contacts the other parties to set dates for the cases. - Advises the magistrates on the law and procedure when necessary. - Keeps a record of the proceedings and can assist with reasons for decisions. Social Services Sometimes, when a family has had a problem, there is a social worker from the local authority who visits and tries to help them. They often have to come to court and give evidence about what they know about the family and why they think a particular action is necessary. Applicant The applicant Respondent The respondent Children's Guardian The guardian is a very experienced social worker who handles cases involving children. They talk to the children involved and tell the magistrates what they think would be best for the child/children. The guardian is an independent person who meets with all the different people in the case, talks to them and prepares a report which helps the magistrates to decide what is the best thing to do in the future. These social workers often have to give evidence in court. Local Authority This is the name given to the organisation which is responsible for the local social services department and their social workers. The Court Usher: - often wears a black coat so that people can find them easily - checks the arrival of people at court - shows people in and out of the court - gives people information about which court they should be in - calls the witnesses - generally keeps things running smoothly A good usher checks a witness' name and religion so that they can swear an oath on their Holy Book. They also help a court run very efficiently and calm people down who are angry, worried or impatient, or often all three! There are two different types of case held in a family proceedings court. Public law cases when usually the local authority will be asking for some action to be taken to help children they believe are in some danger. Private law cases when families are arguing about things like whether a child should live with his/her mother or father when the parents have separated. When judges and magistrates have to make decisions about the future of these children, they are helped by social workers who help give advice about where the best interests of the children lie. Magistrates' Courts Youth Courts Family Courts Court Structure Home Page • Magistrates • Courts • The Law • Fun things to do • Useful Contacts Magistrates There must be at least two (ideally one male and one female) but there are usually three. Their duty is to make decisions in a fair way and to speak to people in the court using simple and clear language. Only the chairman will normally speak but all three magistrates have equal rights in decision-making. Only magistrates who have been specially trained can sit in a youth court. Legal Advisor - Legally qualified. - Assists defendants who do not have legal advisers by explaining what happens step by step. - Puts the charges to the defendant. - Advises the magistrates on the law and procedure when necessary. - Keeps a record of the proceedings. Prosecution The prosecution represents different organisation that have to give the facts to the magistrate to prove that the person broke the law. Most cases are handled by the Crown Prosecution Service (CPS). The CPS presents the prosecution case and makes requests for costs and compensation. Defence Someone who has qualifications in law and represents the child in the case, not the parent. Youth Offender Team (YOT) A team of professionals who deal with young people and who organise programmes that try to change their offending behaviour. This will include talking to, and sometimes meeting with, victims as well as the families of offenders. Parent/responsible adult Until a child is 18 years old, a parent or guardian is responsible for all aspects of a child's needs and is held responsible for all their actions. The Court Usher: - often wears a black coat so that people can find them easily - checks the arrival of people at court - shows people in and out of the court - gives people information about which court they should be in - calls the witnesses - generally keeps things running smoothly A good usher checks a witness' name and religion so that they can swear an oath on their Holy Book. They also help a court run very efficiently and calm people down who are angry, worried or impatient, or often all three!
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The Family Court