Family Proceedings

(asked on 10th September 2021) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps he is taking to help ensure the prompt rectification of errors that are identified in reports submitted in family court proceedings.


Answered by
Chris Philp Portrait
Chris Philp
Minister of State (Home Office)
This question was answered on 15th September 2021

The manner in which errors or alleged errors contained within a report submitted in family court proceedings are rectified is a matter for the court to decide, however in all cases the court will seek for such errors to be dealt with promptly and without undue delay.

Under the Family Procedure Rules 2010 (FPR) Part 1 “the overriding objective” requires the court to deal with cases expeditiously and fairly and for the parties to assist the court in this objective. This general obligation could require the court, or the parties, to act to ensure any issues with a report are rectified.

Depending on the nature of the error contained within a report, if the court considers that the error needs to be rectified in the written report, the court could use its general case management powers (FPR rule 4.1) to direct that an amended or addendum report be submitted to the court.

Where it is alleged by one or more of the parties that a report contains errors, the accuracy and veracity of the information included within the report can be tested during the court hearing, in order for the court to make a determination on this issue.

Proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. (FPR, rule 17.6)

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