Article 25 Consideration of reports.

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rule 25(1) words omitted by Family Proceedings Courts (Matrimonial Proceedings etc.) 1991 Sch. 2 para. 7(11)(a)(i)
rule 25(1)(d) words omitted by Family Proceedings Courts (Matrimonial Proceedings etc.) 1991 Sch. 2 para. 7(11)(a)(ii)
rule 25(1)(e) omitted by Family Proceedings Courts (Matrimonial Proceedings etc.) 1991 Sch. 2 para. 7(11)(a)(iii)
rule 25(3)(a) omitted by Family Proceedings Courts (Matrimonial Proceedings etc.) 1991 Sch. 2 para. 7(11)(b)(i)
rule 25(3)(d) words omitted by Family Proceedings Courts (Matrimonial Proceedings etc.) 1991 Sch. 2 para. 7(11)(b)(ii)

(1)

The court shall arrange for copies of any written report of a guardianad litem, probation officer, local authority, local education authority, educational establishment or registered medical practitioner before the court to be made available, so far as practicable before the hearing, to:

(a)

the applicant;

(b)

the appropriate local authority, where it is not the applicant;

(c)

the legal representative, if any, of the relevant infant;

(d)

the parent or guardian of the relevant infant (whether or not he is a party to the proceedings by virtue of an order under section 32A of the Act of 1969);

(e)

the guardianad litem of the relevant infant;

(f)

the relevant infant, except where the court otherwise directs on the ground that it appears to it impracticable to disclose the report having regard to the age and understanding of the infant or undesirable to do so having regard to serious harm which might thereby be suffered by him; and

(g)

any other person who is a party to the proceedings.

(2)

Copies of any such report may, if the court considers it desirable to do so, be shown to any person who is required to be given notice of the proceedings in pursuance of rule 14(3)(d) of these Rules and to any other person who is entitled to make representations to the court by virtue of rule 19(1) of these Rules.

(3)

Where the court is satisfied that the applicant’s case has been proved—

(a)

where a guardianad litem has been appointed, the court shall take into consideration his written report to the court; and the guardianad litem shall in addition be entitled to make oral representations to the court;

(b)

the court shall take into consideration such information as to the relevant infant’s general conduct, home surroundings, school record and medical history as may be necessary to enable it to deal with the case in his best interests and, in particular, shall take into consideration such information as aforesaid which is provided in pursuance of section 9 of the Act of 1969;

(c)

if such information as aforesaid is not fully available, the court shall consider the desirability of adjourning the case for such inquiry as may be necessary;

(d)

any written report of a guardianad litem, probation officer, local authority, local education authority, educational establishment or registered medical practitioner may be received and considered by the court without being read aloud; and

(e)

if the court considers it necessary in the interests of the relevant infant, it may require him or his parent or guardian, if present, to withdraw from the court.

(4)

In any case in which the relevant infant is not legally represented and where a report which has not been made available to him in accordance with a direction under paragraph (1)(f) has been considered without being read aloud in pursuance of paragraph (3)(d) or where the relevant infant, his parent or guardian has been required to withdraw from the court in pursuance of paragraph (3)(e), then—

(a)

the relevant infant shall be told the substance of any part of the information given to the court bearing on his character or conduct which the court considers to be material to the manner in which the case should be dealt with unless it appears to it impracticable so to do having regard to his age and understanding, and

(b)

the relevant infant’s parent or guardian, if present, shall be told the substance of any part of such information which the court considers to be material as aforesaid and which has reference to his character or conduct or to the character, conduct, home surroundings or health of the relevant infant;

and, if such a person, having been told the substance of any part of such information desires to produce further evidence with reference thereto, the court, if it thinks the further evidence would be material, shall adjourn the proceedings for the production thereof and shall, if necessary in the case of a report, require the attendance at the adjourned hearing of the person who made the report.