Private and public family law - spot the differences

Private and public family law - spot the differences

As discussed in our previous blog post, family courts can handle two types of case concerning children: public and private law.

This blog aims to establish what each is and clear up any differences between the two.

Public law cases are brought by local authorities or an authorised person (currently only the NSPCC).

They include matters such as: Care orders - these give parental responsibility for the child concerned to the local authority applying for the order. Supervision orders - placing the child under the supervision of their local authority emergency protection orders. These are used to ensure the immediate safety of a child by taking them to a place of safety, or by preventing their removal from a place of safety.

Public law cases must start in the Family Proceedings Courts. They may be transferred to the County Courts if it will minimise delay. The move may also be to enable the case to be consolidated with other family proceedings, or should the matter be exceptionally serious, complex or important.

[You can read more at the Judiciary website, through this link.](