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President’s Guidance: Judicial Cooperation with Serious Case Reviews

The President of the Family Division, Sir James Munby, has issued guidance relating to Judicial Cooperation with Serious Case Reviews.

The President says that it is apparent that there is widespread misunderstanding as to the extent to which judges (which for this purpose includes magistrates) can properly participate in Serious Case Reviews (SCRs). The guidance seeks to clarify the position and to explain what judges can and cannot do.

The guidance applies to all judges sitting in the Family Division or the Family Court, including Magistrates and, where exercising judicial functions, Legal Advisers.

Whilst judges should provide every assistance to SCRs which is compatible with judicial independence, the guidance reminds them that there are key constitutional principles of judicial independence, the separation of powers and the rule of law which can be raised by SCRs.

For the guidance, click here.