Rule 12.17 Investigation under section 37 of the 1989 Act

(1)

This rule applies where a direction is given to an appropriate authority by the court under section 37(1) of the 1989 Act.

(2)

On giving the direction the court may adjourn the proceedings.

(3)

As soon as practicable after the direction is given the court will record the direction.

(4)

As soon as practicable after the direction is given the court officer will—

(a)

serve the direction on—

(i)

the parties to the proceedings in which the direction is given; and

(ii)

the appropriate authority where it is not a party;

(b)

serve any documentary evidence directed by the court on the appropriate authority.

(5)

Where a local authority informs the court of any of the matters set out in section 37(3)(a) to (c) of the 1989 Act it will do so in writing.

(6)

Unless the court directs otherwise, the court officer will serve a copy of any report to the court under section 37 of the 1989 Act on the parties. (Section 37 of the 1989 Act refers to the appropriate authority and section 37(5) of that Act sets out which authority should be named in a particular case.)

Notes on Part 12

Textual amendments

F1: Words in Pt. 12 heading substituted (31.1.2013) by The Family Procedure (Amendment) (No.5) Rules 2012 (S.I. 2012/3061), rules 1, 5(a)