The Family Court is to take a more rigorous and consistent approach to requests for urgent hearings in public law proceedings, under new guidance published by the President of the Family Division on 29 October 2026. The materials are intended to ensure that short-notice applications are reserved for cases that genuinely require them, while allowing parents and children’s guardians sufficient time to respond.
What has the Family Court published?
The Courts and Tribunals Judiciary announced the publication of new guidance and supporting materials for short-notice public law applications in the Family Court. The initiative follows concerns about the increasing use of urgent applications and is designed to promote a more consistent, timely and proportionate approach to gatekeeping and case management.
The materials were developed by a cross-disciplinary working group involving the judiciary, HMCTS, Cafcass, Cafcass Cymru, the Department for Education, local authority lawyers, the Nuffield Family Justice Observatory, social workers and academics. The final materials also reflect feedback received through a public consultation earlier in 2026.
The guidance is intended to assist judges, allocation and gatekeeping teams and court administration teams. It is to be read alongside the Public Law Outline (PLO) and the Family Allocation and Listing Guidance.
How are urgent applications classified?
The guidance sets out three broad listing categories. The distinction is important: an application should not be treated as an emergency simply because the applicant would prefer an earlier hearing.
| Category | Expected listing | When it applies |
|---|---|---|
| Standard notice | Days 12–18 | A Case Management Hearing (CMH) is required, but no interim short-notice hearing is necessary. The expectation is that most cases can proceed this way. |
| Short notice | Within five days of issue | An interim hearing is needed before the CMH, for example where protective orders may be required to prevent a child’s safety being compromised. |
| Emergency | Same day, where justified | Even a one-day delay would compromise a child’s immediate safety and the facts require the court to intervene immediately. Such cases are expected to be extremely rare. |
Where a judge does not agree with the local authority’s proposed allocation or assessment of urgency, the case will receive a standard listing and the reasons must be recorded on the gatekeeping order. The guidance also makes clear that listing is a judicial function and that cases which do not meet the criteria should not be listed at short notice.
What must applicants provide?
Applicants seeking an emergency or short-notice listing must justify the request with evidence. The local authority should explain in the C110A application why the case meets the relevant criteria and provide information to assist the court with listing the hearing. Depending on local practice, the court may also require a separate statement and a draft order in Word format.
All required documents must be filed with the application, and the allocation proposal must be completed in full with specific, case-sensitive reasons. Applicants must also provide complete contact details, including a telephone number that will be answered if the court needs to check information.
Although HMCTS business hours for accepting applications are stated as 10am to 4pm, local authorities are asked, wherever possible, to submit applications before 2pm on Day 1. Applications received after 4pm will normally be processed on the next business day.
The fact that an application meets the emergency criteria does not remove the applicant’s responsibility to present it in a timely way. The guidance also states that if circumstances change after issue or allocation and an urgent or short-notice hearing is subsequently needed, the local authority should submit a C2 application setting out clear reasons.
When must emergency applications be ready?
Emergency applications made during court business hours should ordinarily be ready for the judge no later than 2pm. In any event, an application seeking a same-day hearing must be ready to come before the judge by 4pm at the latest.
If the parties are not ready to proceed by 4pm, the application must be presented to the Urgent Court Business out-of-hours service or await a hearing on a subsequent day. The service operates from 4pm to 8.30am on weekdays and from 4pm on Friday until 8.30am on Monday, including weekends and bank holidays.
- The President of the Family Division publishes the short-notice public law application guidance.
- Emergency applications made during business hours should ordinarily be ready for judicial consideration.
- The latest point at which a same-day application made during business hours must be ready to come before the judge.
- Qualifying emergency applications are directed to the Urgent Court Business out-of-hours service.
- The President is due to launch the materials at a webinar.
All courts must have a clear local process for same-day emergency applications made after 4pm, including instructions for local authorities on contacting the out-of-hours service.
What does the Newborn Baby Protocol require?
The accompanying October 2026 Newborn Baby Protocol addresses care proceedings issued immediately following a child’s birth. It aims to improve fairness for babies and parents by encouraging early planning, family involvement, clear information-sharing and meaningful participation in proceedings.
The protocol distinguishes same-day urgent applications from short-notice applications where the first hearing is requested within five days. Same-day applications should be granted only in highly exceptional circumstances, supported by clear evidence that alternatives have been explored and ruled out.
It encourages early referral to local authority children’s services during pregnancy, timely pre-birth assessment and support, and consideration of the wider family network. In England, a Family Group Decision-Making meeting should be offered before a care or supervision order application where this is in the child’s best interests. In Wales, a Family Group Conference or meeting is identified as established good practice.
The protocol also calls for Cafcass or Cafcass Cymru to be notified before birth where care proceedings are intended, so that a children’s guardian can be allocated as early as possible after birth. It asks decision-makers to consider parents’ participation needs, including language barriers, learning disability, domestic abuse, mental health, and the physical recovery and emotional needs of mothers in the immediate post-partum period.
Where proceedings are anticipated, the local authority should generally issue them on the day of birth or, if the mother gives birth outside working hours, by noon on the following working day. The protocol says the authority should not wait until the baby is medically fit for discharge. If a same-day hearing is sought, written evidence from the hospital should confirm that the baby is medically fit for discharge and explain why discharge cannot be delayed to avoid the need for a same-day hearing.
The protocol further addresses hearing arrangements, including attended, hybrid or remote hearings. Where a hearing is virtual or hybrid, the parents’ solicitor should attend virtually from the same location as the parent where appropriate. Hospitals should, where reasonably practicable, provide a private room for remote participation.
What does the guidance mean for legal professionals?
For local authority lawyers, the practical message is that urgency must be demonstrated, not simply asserted. The application should identify the immediate risk, explain why a standard listing is insufficient, set out the hearing sought and include the material needed by the judge to make a decision.
For solicitors representing parents and children, the guidance places emphasis on fair participation and proper representation. This is particularly important in newborn cases, where a mother may still be receiving hospital care and may need time, support and suitable arrangements to take part in proceedings.
The guidance does not remove the need for a Case Management Hearing after an emergency or short-notice hearing. The court will still list a CMH between days 12 and 18, even where an earlier hearing has taken place.
The Judiciary says the nature and number of emergency and short-notice applications will be monitored, with data made available to each Designated Family Judge or their nominee.
Frequently asked questions
When will a standard public law case be listed?
Where no interim short-notice hearing is needed, the case will ordinarily be listed for a Case Management Hearing between days 12 and 18.
What qualifies as a short-notice hearing?
A short-notice hearing is generally one required within five days of issue because an interim hearing is needed before the CMH. The applicant must explain and evidence why the earlier hearing is necessary.
When can a same-day emergency hearing be requested?
Only in exceptional circumstances where even a one-day delay would compromise a child’s immediate safety and the facts require immediate court intervention.
What happens if an emergency application is not ready by 4pm?
It must be presented to the Urgent Court Business out-of-hours service or await a hearing on a subsequent day, as appropriate.
Will the court still hold a Case Management Hearing after an urgent hearing?
Yes. The guidance states that a CMH will still be listed between days 12 and 18 after an emergency or short-notice hearing.
What additional safeguards apply to newborn baby cases?
The Newborn Baby Protocol emphasises early planning before birth, family support and decision-making, advance notification to Cafcass or Cafcass Cymru, parental participation and proportionate arrangements for hearings involving mothers who may still be in hospital.