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New and updated protocols on communications between judges in Scotland, England & Wales, and Northern Ireland in cases involving adults with incapacity and children
May 7, 2025
Published today, the protocol for cases involving adults with incapacity was agreed following a series of meetings of members of the judiciary from each jurisdiction between 2021 and 2025.
It sets out that direct judicial communications are to be conducted using a request form sent to the relevant office.
The protocol is supported by supplementary information in the form of a Handbook on law relating to Adults Who Lack Capacity in England & Wales, Scotland, and Northern Ireland.
The protocol and accompanying handbook can be found at the links below:
Judges and practitioners alike will be aware of the existing cross-jurisdiction protocol on judicial communication between Scotland, England and Wales, and Northern Ireland in cases involving children. The protocol, which was first published in July 2018, was updated in February 2023 to include Northern Ireland.
A handbook accompanying this protocol, on family law relating to Scotland and England & Wales, has now been updated.
Judicial communications between the jurisdictions in relation to children’s cases are now also to be conducted through a request form sent to the relevant office.
The protocol and accompanying handbook can be found at the links below:
Protocol for cases involving children
Handbook for cases involving children