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.
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!
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 lay out 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.
There are two different types of case held in a family proceedings court.
1. 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.
2. 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.
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