Applications under Schedule 1 to the Children Act 1989

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Jurisdiction and scope

Maintenance provisions under section 15 and Schedule 1 to the Children Act 1989 (ChA 1989) may be used where a case falls outside the jurisdiction of statutory maintenance via the Child Maintenance Service. A parent, step-parent, guardian or person named in a child arrangements order as a person with whom the child is to live may apply for the range of orders under ChA 1989, Sch 1. In some circumstances, a child over the age of 18 may apply for periodical payments, normally for financial support for further education or vocational training, or if there are special circumstances that justify the making of an order.

A lump sum order may be made under ChA 1989, Sch 1 for past expenditure, for example the reimbursement of expenses connected with the birth and for future expenditure, for example for a family car or a school fees fund. A transfer or settlement of property order can be made once to provide a home for a child.

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Family analysis: The murder of ten-year-old Sara Sharif by her father and step-mother continues to dominate the UK news. Following her death, journalists (Louise Tickle and Hannah Summers) and major news organisations sought disclosure of documents and information from the historical Children Act 1989 (ChA 1989) proceedings concerning Sara and her siblings, including the relevant judges’ names. Despite the judges involved in those proceedings having made no application in respect of their own anonymity, Mr Justice Williams nonetheless included in his disclosure order a provision that their names were not to be published. The appeals against Williams J’s decision were successful on each of the three grounds advanced. He had lacked jurisdiction to order the judges’ anonymisation and there had been serious procedural irregularities owing to the lack of submissions and evidence on the anonymisation issue. The Court of Appeal also disapproved of the judge’s use of anecdotal material and his own experiences to try to shore up his judgment. Williams J was further criticised for his unfair treatment of the journalists and Channel 4. Publication of the judges’ names has now taken place in accordance with the Court of Appeal’s decision to ensure a short interval of seven days occurred during which time HM Courts and Tribunals Service (HMCTS) was required to put in place any protective measures. David Wilkinson, solicitor at Slater Heelis, examines the issues.

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Family weekly highlights—30 January 2025

This week's edition of Family weekly highlights includes details of new practice guidance from the President of the Family Division on the use of intermediaries, lay advocates and cognitive assessments in family proceedings, the extension of the family mediation voucher scheme and HMCTS guidance for barristers using the financial remedy contested system. Recent judgments including the Supreme Court's dismissal of a father's application for a writ of habeas corpus seeking the release of his two children from the care of Worcestershire County Council under a care order and consideration by the Court of Appeal of the anonymisation of judges’ names in historic family proceedings are also set out.

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