What is a Position Statement, and what should mine include?

A position statement is a short written document explaining your position on the issues that the court is dealing with at a particular hearing.

It is commonly used in family proceedings and can be particularly helpful for someone representing themselves because it gives the court a concise overview of what you are asking the court to consider.

A position statement is not the same as a witness statement. A witness statement is evidence. A position statement is a written submission setting out your position on the issues for the hearing.

What is the purpose of a position statement?

The Family Procedure Rules and Practice Directions contain provisions concerning position statements.

For family proceedings other than financial remedy proceedings, the current Practice Direction 27A describes a position statement as a written submission by a party, or their advocate, setting out that party's position on the issues to be determined at the particular hearing. (GOV.UK Justice)

The emphasis is on the particular hearing.

The document should help the judge or magistrates understand:

• what the disputed issues are;
• what you say about those issues; and
• what directions or orders you are asking the court to make.

Is it evidence?

Usually, no.

A position statement is not intended to replace your witness statement or introduce a new body of evidence.

The current Practice Direction says that position statements should not introduce new evidence and should not include exhibits. (GOV.UK Justice)

That distinction is important.

If you have important factual evidence that the court needs to consider, simply putting it into a position statement does not necessarily make it evidence in the same way as a properly prepared witness statement.

What should a position statement include?

The exact content depends on the hearing and any directions made by the court.

A straightforward position statement might contain:

The case details

Identify the case and the hearing it relates to.

A short summary

Briefly explain what the case is about and why the hearing is taking place.

The issues

Identify the matters that remain disputed and need to be dealt with at that hearing.

Your position

Explain what you say should happen in relation to those issues.

The orders or directions you seek

Clearly state what you are asking the court to do at the hearing.

This last part is particularly important. A judge should not have to work through several pages trying to discover what order you are actually asking for.

How long should it be?

For family proceedings other than financial remedy proceedings, Practice Direction 27A currently says that position statements should be concise and should not exceed three pages, unless the court accepts that the case is complex and directs a different maximum. (GOV.UK Justice)

This is a useful reminder that a position statement is intended to be short.

If your particular court order gives a different direction, follow that direction.

Should I include everything that happened?

Usually, a position statement is not the place to tell the entire story of the relationship.

The current Practice Direction says that position statements should both define and confine the matters in dispute for the hearing. They should also be self-contained and should not simply incorporate previous position statements. (GOV.UK Justice)

This means you should focus on what the court actually needs to deal with at that hearing.

A long history may sometimes be relevant, but the position statement should not become a replacement for your evidence.

Can I quote from documents?

The Practice Direction says position statements should not contain extensive quotations from documents. They should also be cross-referenced to relevant documents in the bundle where appropriate. (GOV.UK Justice)

If a particular document matters, it is usually better to identify it clearly and explain briefly why it matters than to reproduce pages of material.

Do I need a position statement for every hearing?

The current Practice Direction says that a position statement should be prepared for each hearing and that it is not appropriate simply to take the position statement from one hearing and add an “update” section for a later hearing. (GOV.UK Justice)

However, the court may give different directions about documents for a particular hearing.

The order and directions in your case therefore remain important.

Position statement vs witness statement

The distinction can be remembered quite simply:

Witness statement = evidence.

Position statement = your position on the issues for the hearing.

Your witness statement might explain what happened.

Your position statement might explain what you are asking the court to do about the issues that arise from those facts.

Keeping those purposes separate can make your documents easier to understand.

Keep it clear

A position statement does not need to sound like a solicitor wrote it.

Clear headings, numbered paragraphs and straightforward language can make it easier for the court to identify the issues.

Avoid turning it into an argument with the other party. The purpose is to help the court understand where matters stand and what you are asking it to decide.

A good position statement should leave the reader with a clear answer to three questions:

What is still disputed? What is my position? What do I want the court to do at this hearing?