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What are the No Order and No Delay principles?

Date when Video was Published: 17/10/2023

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The No order principle comes from Section 1, subsection (5) of the Children Act 1989, which states “a judge must not make an order concerning a child if they consider that to do so would be better for the child than to make no order”. In simple terms the Court will not intervene and make an order in relation to proceedings involving a child unless it can be shown that it would be in the child`s best interests to do so. The no Delay principle comes from Section 1, subsection (2) of the Children Act 1989, which makes clear that any delay in resolving proceedings involving a child is likely to prejudice the welfare of the child. Therefore, the starting point for any Court is that any delay within children act proceedings must be avoided where possible. Duncan Lewis Solicitors have specialist solicitors who represent clients in this niche area of law. Please visit our website or call us directly on 033 3772 0409

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This video content was created on 17/10/2023 to provide an overview of the legal position and the information was correct at the time this video was created. This video has been produced for purposes of generic information and marketing purposes only. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularised advice of your own legal advisor. Please consult one of our lawyers to provide you with advice and assistance on any matters touched on this video. Viewing of this video does not create legally binding advice and does not create a retainer with Duncan Lewis Solicitors. This video is Copyrighted at Duncan Lewis Solicitors 2023. Any illegal reproduction of this content is prohibited and will result in immediate legal action.

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