Practice Directions

COMMUNICATING WITH THE HOME OFFICE

1. Where a request is made of or an order is made against the Home Office, the court shall draw up the relevant request or order in a separate document and immediately provide a copy to:

   Family Division Lawyer
   President's Chambers
   Royal Courts of Justice
   Strand, London WC2A 2LL
   T: 020 7947 7965
   F: 020 7947 7274
   

   The HMCS form EX660 should be completed. It will be used by the court in the production of the order, and should also be sent to the Family Division Lawyer.

   Guidance on how to complete the EX660 form is available at EX660-notes

2. The request or order should either state or be accompanied by a letter to the Family Division Lawyer stating the following details in respect of all parties about whom they are seeking information:
   • full name including all middle names;
   • nationality;
   • full date of birth; and
   • any known Home Office reference number.

   Where the query relates to the proposed adoption of a foreign national minor, the Family Division Lawyer can advise as to the additional information which will be required.

3. The request or order should state the time by which the information is required, allowing a reasonable period for the Home Office to investigate and prepare its statement to the court.  In the absence of urgent circumstances, a reasonable period shall be four weeks.
4. The request or order should identify the questions it wishes to be answered by the Home Office.
5. The request or order should be forwarded to the Family Division Lawyer together with such information as is sufficient to enable the President's Office and the Home Office to understand the nature of the case, to identify whether the case involves an adoption, and to identify whether the immigration issues raised might relate to an asylum or non-asylum application.
6. The Family Division Lawyer will then send to an appropriate enquiries officer in the Home Office the enquiry, together with a copy of any request or order made. The Home Office official will be personally responsible for either:
   1. answering the query herself, by retrieving the file and preparing a statement for the court; or
   2. if the request is for more than mere information (eg, requiring speculation as to the possible effect of an order or the likelihood of a party being granted special leave to remain), by either obtaining information from, or passing the court's order to, the relevant official with carriage of that particular file.
7. The Family Division Lawyer will follow up as required in order to ensure that the information is received by the court in time, and will receive the statement before forwarding it on as instructed by the judge or court making the request.

December 2002 (updated June 2004)