Rule 27.2 Reasons for a decision : proceedings before a lay justice or justicesF7
This rule applies to proceedings F1in the family court before a lay justice or justices.
After a hearing, the court will make its decision as soon as is practicable.
The court must give written reasons for its decision.
Paragraphs (5) and (6) apply where the functions of the court are being performed by—
two or three lay justices; or
by a single lay justice in accordance with these rules and Practice Direction 2A.
The F2justices’ legal adviser must, before the court makes an order or refuses an application or request, make notes of—
the names of the F3lay justice or justices constituting the court by which the decision is made; and
in consultation with the F4lay justice or justices, the reasons for the court's decision.
The justices’ legal adviser must make a written record of the reasons for the court's decision.
When making an order or refusing an application, the court, or one of the F5lay justices constituting the court by which the decision is made, will announce its decision and—
the reasons for that decision; or
a short explanation of that decision.
Subject to any other rule or practice direction, the court officer will supply a copy of the order and the reasons for the court's decision to the persons referred to in paragraph (9)—
by close of business on the day when the court announces its decision; or
where that time is not practicable and the proceedings are on notice, no later than 72 hours from the time when the court announced its decision.
The persons referred to in paragraph (8) are—
the parties (unless the court directs otherwise);
any person who has actual care of a child who is the subject of proceedings, or who had such care immediately prior to the making of the order;
in the case of an emergency protection order and a recovery order, the local authority in whose area the child lives or is found;
in proceedings to which Part 14 applies—
an adoption agency or local authority which has prepared a report on the suitability of the applicant to adopt a child;
a local authority which has prepared a report on the placement of the child for adoption;
any other person who has requested a copy if the court is satisfied that it is required in connection with an appeal or possible appeal.
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Annotations
Textual amendments
- F1
Words in rule 27.2(1) substituted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 19(b) (with rule 45)
- F2
Words in rule 27.2 substituted (6.4.2020) by The Family Procedure (Amendment) Rules 2020 (S.I. 2020/135), rules 1, 27
- F3
Word in rule 27.2(5)(a) inserted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 19(c)(i) (with rule 45)
- F4
Word in rule 27.2(5)(b) inserted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 19(c)(ii) (with rule 45)
- F5
Word in rule 27.2(7) inserted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 19(d) (with rule 45)
- F6
Rule 27.2(10) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 19(e) (with rule 45)
- F7
Words in rule 27.2 heading substituted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 19(a) (with rule 45)