SI 2026/1124 - The Family Procedure (Amendment No. 2) Rules 2026

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

STATUTORY INSTRUMENTS 2026 No. 1124 (L. 17) FAMILY PROCEEDINGS SENIOR COURTS OF ENGLAND AND WALES FAMILY COURT, ENGLAND AND WALES The Family Procedure (Amendment No. 2) Rules 2026 Made - - - - 22nd October 2026 Laid before Parliament 27th October 2026 Coming into force - - 18th December 2026 The Family Procedure Rule Committee makes the following Rules in exercise of the powers conferred by section 75 of the Courts Act 2003(1), having fulfilled the requirements of section 79(1) of that Act.

Citation, extent and commencement

1.—(1) These Rules may be cited as the Family Procedure (Amendment No. 2) Rules 2026.

(2) These Rules extend to England and Wales.

(3) These Rules come into force on 18th December 2026.

Amendment of the Family Procedure Rules 2010

2. The Family Procedure Rules 2010(2) are amended in accordance with rule 3 of these Rules.

Amendment of Part 12

3.—(1) In rule 12.2 (interpretation), in the definition of “private law proceedings”, in paragraph (a) after “a section 8 order” insert “, including proceedings for the review of a prohibited steps order made under section 10A(3) of the 1989 Act(3),”.

(2) In rule 12.3 (who the parties are)—

(1) 2003 c. 39. Section 75 was amended by paragraphs 308 and 338 of Part 1 of Schedule 4 and Part 2 of Schedule 18 to the Constitutional Reform Act 2005 (c. 4), paragraphs 83 and 91 of Part 2 of Schedule 10 to the Crime and Courts Act 2013 (c. 22). Paragraph 3(1) and (2) of Schedule 4 to the Judicial Review and Courts Act 2022 (c. 35) sets out an amendment to

section 75 which is not in force at the time these Rules are made.

(2) S.I. 2010/2955. Relevant amendments were made by S.I. 2014/843 and 2024/1016.

(3) Children Act 1989 (c. 41). Section 10A(3) was inserted by section 18 of the Victims and Prisoners Act 2024 (c. 21).Document Generated: 2026-10-27

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(a) in paragraph (1), in the table—

(i)in the row beginning “A section 8 order”, in the first column, after “A section 8

order” insert “, except where the application is one to which either of the next two rows of this table applies”;

(ii)after the row beginning “A section 8 order” insert the following rows— “The review of a The relevant local Every person whom the prohibited steps order authority. applicant believes to have made by the Crown Court parental responsibility under section 10A(3) of for the child, including the 1989 Act. those for whom parental responsibility has been restricted under

section 10A of the 1989 Act; where the child is the subject of a care

order, every person whom the applicant believes to have had parental responsibility immediately prior to the making of the care order; and every person whom the applicant believes is caring for the child if that person is a relative of the child.

The variation or discharge Any person who is The relevant local of a prohibited steps order entitled to apply for a authority; and made by the Crown Court section 8 order with under section 10A(3) of respect to the child every person whom the the 1989 Act in cases (section 10(4) to (7) of applicant believes to have where the original order the 1989 Act) including parental responsibility made in the Crown Court a parent whose parental for the child, including has not yet been reviewed responsibility has those for whom parental or varied by the High been restricted under responsibility has Court or the family court. section 10A of the 1989 been restricted under Act; or section 10A of the 1989 Act;

with the court’s permission, any person where the child is (section 10(2)(b) of the the subject of a care 1989 Act). order, every person whom the applicant believes to have had parental responsibility immediately prior to the 2Document Generated: 2026-10-27

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. making of the care order; and every person whom the applicant believes is caring for the child if that person is a relative of the child.”;

(b) in paragraph (5)—

(i)in the list entry beginning “care home”—

(aa)after “local authority” insert “, relative”;

(bb)for “Act.” substitute “Act; and”;

(ii)after “Act; and” insert— ““relevant local authority” has the meaning assigned to it by section 10B(7) of the 1989 Act.”.

(3) In rule 12.8 (service)—

(a) in paragraph (3) after “a local authority” insert “or proceedings for the review, variation or discharge of a prohibited steps order made under section 10A(3) of the 1989 Act”;

(b) after paragraph 3 insert— “(3A) In proceedings for the variation or discharge of a prohibited steps order made under section 10A(3) of the 1989 Act, subject to rule 6.23A, service under paragraph (1) will be effected by the court officer, unless the court directs the applicant to do so.”.

(4) In rule 12.16(1)(a) after “section 8 order” insert “, excluding proceedings for the review of a prohibited steps order made under section 10A(3) of the 1989 Act”.

(5) In rule 12.19(1) after “a section 8 order” insert “, including proceedings for the review of a prohibited steps order made under section 10A(3) of the 1989 Act,”.

Sir Stephen Cobb, President of the Family Division Lord Justice Baker Poonam Bhari Graeme Fraser His Honour Judge Humphreys Mr Justice Keehan Jennifer Kingsley District Judge Nelson 12th October 2026 Her Honour Judge Suh 3Document Generated: 2026-10-27

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

I allow these Rules Signed by authority of the Lord Chancellor Jake Richards Parliamentary Under-Secretary of State 22nd October 2026 Ministry of Justice 4Document Generated: 2026-10-27

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE (This note is not part of the Rules) These Rules amend the Family Procedure Rules 2010 (S.I. 2010/2955) (“the FPR”).

Rule 3 introduces changes to Part 12 of the FPR to amend the practice and procedure for cases that fall within section 10A and 10B Children Act 1989 (c. 41) (“the 1989 Act”) as introduced by

section 18 Victims and Prisoners Act 2024 (c. 21).

Rule 3(1) amends the definition of ‘private law proceedings’ in rule 12.2 of the FPR to make clear that proceedings for ‘a section 8 order’ includes proceedings for a review of a prohibited steps order made under section 10A(3) of the 1989 Act (“a relevant PSO”).

Rule 3(2) makes amendments to rule 12.3 of the FPR to identify the parties in proceedings for the review, variation or discharge a relevant PSO.

Rule 3(3) makes amendments to rule 12.8 of the FPR regarding who is responsible for service of the application form. For proceedings for the review of a relevant PSO, the applicant will effect service.

For proceedings for the variation or discharge of a relevant PSO, the amendments make it so the court will effect service unless the court directs the applicant to do so.

Rule 3(4) makes an amendment to rule 12.16(1) of the FPR to disapply proceedings for the review of a relevant PSO from this rule.

Rule 3(5) makes an amendment to rule 12.19(1) of the FPR to make it clear that rule 12.19 applies to proceedings for the review of a relevant PSO.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

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