4.6 How are special measures applied for?

Some special measures require the approval of the court. It is important to apply in the correct way, with sufficient notice. Remember not all courts have all special measures available.

Did you know?

If the special measures are not available in the courtroom at the court where the case is heard, the judge can order the case to be heard in a different courtroom or even a different court building where the special measures are available.

Your local court should have a form which will alert the court to the request for special measures. Each court has their own system for requesting special measures. There should be forms in the Support Through Court office.

Form C100: Section 10

If the client is applying for a child arrangement order, they will apply on form C100. One section of the form (currently section 10) asks about special measures.

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Part 10d of form C100

Form C100 PDF [Tip: hold Ctrl and click a link to open it in a new tab. (Hide tip)]

(Source – GOV.UK Form C100: Apply for a court order to make arrangements for a child or resolve a dispute about their upbringing)

a. 

The time of the court hearing.


b. 

Why the party would benefit from assistance.


c. 

The colour of the screen required in court.


d. 

The requested gender of the Judge.


e. 

The special measure that is required.


f. 

Why the measure would improve the person’s ability to give evidence or participate.


The correct answers are b, e and f.

Answer

The following information should be included in a special measures request:

Why the party would benefit from assistance.

What special measure is required.

Why the measure would improve the person’s ability to give evidence or participate.

Feedback

It is important to clearly explain what is required, why the party needs it and how it will benefit them to give evidence.

Activity 10

You are assisting Jazmin to apply for special measures for the First Hearing and Dispute Resolution Appointment (FHDRA). If you need a reminder of the circumstances of this case, please see the case study and read the previous section again. Please complete the relevant section of form C100.

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Comment

You may have included the following.

A separate entrance, secure waiting room and screens are required as the applicant has experienced violence and control from the respondent. She is afraid of going into the court building and accidently meeting him. The measure will allow the applicant to attend court and give evidence without intimidation in the court.

Jazmin will also need to fill in form C1A, which must be completed whenever there are allegations of harm and domestic abuse. In Section 7 requests for special measures can be made.

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Section 7 of form C1A
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This is a screenshot of Section 7 of form C1A. This section asks for requests for special measures, with tick boxes for each special measure required. These include: separate waiting rooms, separate exits and entrances, screens, video links, separate toilets, advance viewing of the court, interpreter, a disability for which you require special assistance or special facilities, a sign language signer, and other.

Section 7 of form C1A

4.5 Special measures and domestic abuse

4.7 What if special measures are not put in place on the day of the court hearing?