Assessment, Funding & Participation Directions in Children Cases

Introduction

Those practitioners who specialise in children law cases need to be familiar with the law, practice and procedure surrounding assessments, funding and participation.

There have been continuous developments in this field, with renewed guidance as to the position with assessments and the use of experts, and in particular, to ensure adequate provision for participation in proceedings.

It is important to be clear as to the different form of assessments, ‘who pays’ for assessment and ensuring that vulnerability is appropriately provided for in proceedings.

What You Will Learn

This webinar will cover the following:

• Single Assessments and CAFA
• Vulnerability, Participation Directions and FPR 2010
• How does the position with assessments fit in with S.13 Children and Families Act 2014?
• Seeking s.38(6) Children Act 1989 Directions - Consideration of Re G (A Child: s.38(6) Assessment)
• Therapy and assessments - Consideration of Re Y (A Child) (s.38(6) Assessment). Who will pay for such work?
• Role of Official Solicitor and capacity assessments
• Guidance on remuneration of expert witnesses - Updates in April 2025
• Funding for drug and alcohol testing and DNA testing
• Use of intermediaries - is it to be a Part 25 application? Consideration of X and Y (intermediary: Practice and Procedure)
• Test for Intermediary - Consideration of Re M (A Child: Intermediaries) [2025]
• President's Guidance on the use of intermediaries, lay advocates and cognitive assessments in the Family Court - January 2025
• Consideration of funding - Recent guidance in Re K and Re S (Legal Aid: Experts’ Fees) [2025]
• Written questions and experts at court - approach, funding and procedure - Position as set out in A Local Authority v AX and others [2025] President of the Family Division’s memorandum: Experts in the Family Court
• Position surrounding assessments by intermediaries and lay advocates - Funding implications. Consideration of Re C (Lay Advocates) and Re C (Lay Advocates) (No.2)
• Participation Directions - Consideration of Re S (Vulnerable Party: Fairness of Proceedings) - Responsibility upon legal representatives in cases
• Guidance in cases where a parent has a learning disability - Consideration of Nottinghamshire CC v XX and Others and implications when assessing parents with a learning disability

This pre-recorded webinar will be available to view from Thursday 5th February 2026

Alternatively, you can gain access to this webinar and 1,900+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.