The President of the Family Division has issued new Guidance on Allocation and Gatekeeping in respect of Proceedings relating to Children in the Family Court. The guidance is applicable to cases issued on or after Tuesday 5 May 2026. https://www.judiciary.uk/guidance-and-resources/allocation-guidance-relating-to-children-in-the-family-court/
In brief summary:
The new Guidance applies to all proceedings relating to children issued in the Family Court, including proceedings issued pursuant to:
- the Children Act 1989
- the Family Law Act 1986
- the Family Law Act 1996
- the Human Fertilisation and Embryology Act 2008
It does not apply to proceedings issued and heard in the Family Division of the High Court (or are reserved to be heard by a full judge of the Division).
The new Guidance combines allocation and gatekeeping for public and private law cases into one document, replacing the previous separate Guidance for each jurisdiction.
The Schedules to the new Guidance provide a list of the types of cases which should be allocated to each tier of judiciary (magistrates, district judges and circuit judges). There is an expectation that cases of a type falling within each list will be allocated to the relevant tier of judiciary.
Practitioners are encouraged to familiarise themselves with those lists. However, in broad terms, the new Guidance allows magistrates to deal with a more complex range of cases.
The DFJ may issue local protocols or directions to modify or supplement the allocation guidelines set out in the Schedules to the Guidance, to take account of the availability of judiciary and/or resources in their Designated Family Centre.
Where appropriate, cases should be allocated to a named case management judge or case manager who shall provide continuity for the proceedings.
The gatekeepers’ allocation decision must be formally recorded.
In determining allocation, the gatekeepers must consider the application having regard to the information provided on and with the application form, and must determine the appropriate level of judiciary in accordance with the requirements of rule 20 of the 2014 Rules and based on consideration of the relative significance of the following factors:
a. The need to make the most effective and efficient use of the available judicial resources in each court that is appropriate, given the nature and type of application;
b. The need to ensure that cases are listed before the appropriate level of the judiciary with the minimum of delay, and in respect of public law cases within a maximum of 26 weeks or any extended timetable as may be directed by the case management judge;
c. The need for judicial continuity;
d. The complexity of the issues in the case;
e. The location of the parties or of any child relevant to the proceedings and the need to list the matter at location that is suitable and safe for the parties, particularly if special measures are required or if special requirements or circumstances exist;
f. Urgent applications will be allocated on the basis of the degree of urgency and judicial availability; and
g. Achieving a fair and pragmatic allocation of the proceedings.
New or repeat applications in respect of a child who was previously the subject of proceedings and/or applications for the enforcement of an order should, where practicable, be allocated to the judge or level of judiciary which heard the original proceedings.
Ongoing active consideration must be given by the allocated judge or magistrates to the reallocation of the case in light of the circumstances of the case as it progresses.
In private law cases, particular consideration must be given to the reallocation of the case in light of further information provided to the court about the extent and seriousness of domestic abuse as an issue in the case.
A decision on reallocation (see FPR r.29.19(5)) should be made in accordance with the new Guidance, having particular regard to the principles at paragraph 15(a) – (g) above. The decision to reallocate a case should be made without any undue delay.
