Download Guidance for Care Proceedings: Pre-proceedings Meetings and Letters Before Proceedings and more Exams Public Law in PDF only on Docsity!
The Public Law Outline:
Guide for Social Workers and their Managers
Operational from:
Agreed by:
Version Number:
Responsible Service Team
Review Date:
The Public Law Outline (PLO) is the Ministry of Justice legal framework for children’s care and supervision proceedings. It has been substantially revised, and the revised version had been piloted in all Court areas between July 2013 to March 2014. By April 2014 the new single Family Court will be fully operational and will have implemented the final version of the revised PLO.
This guidance must be understood in conjunction with the relevant statutory guidance: Children Act 1989 Guidance and Regulations Volume 1: Court Orders and Volume 2.
Table of contents
Introduction
PLO Principles
Pre-proceedings social work – overview
Emergency arrangements
Consideration of the Legal Framework
Pre-proceedings – the letter before proceedings
The PLO Pre-proceedings meeting
Proceedings under the PLO: Issue and Allocation (Days 1 & 2)
Proceedings under the PLO: the Case Management Hearing (CMH) (by Day 12)
Proceedings under the PLO: The Issues Resolution Hearing (IRH)
Proceedings under the PLO: the Final Hearing
The Flexible Powers of the Court
The use of Experts
The role of the Children ’s Guardian
Appendix 1: Legal Planning Meeting template
Appendix 2: Letter Before Proceedings (LBP) template
Appendix 3: Pre-Proceedings Meeting (minutes / template)
Appendix 4: Social Worker’s Statement (template)
Better informed resolution – ensuring applications to court are made after all safe and appropriate alternatives have been explored. Preparation for proceedings – improving the quality and consistency. During proceedings – improved case management. Inter-agency working- ensuring closer professional relationships.
2.5 Introducing the PLO revisions the President of the Family Division noted “the key principle is very simple: the Local Authority must deliver its material – the right kind of material – on Day 1. If that does not happen the entire timetable will be thrown out.” This has implications for:
Good practice in assessment, Good practice in planning, Case recording, Keeping children and families informed, and Working in partnership with the County Legal Service.
3. PRE-PROCEEDINGS SOCIAL WORK- OVERVIEW
3.1 The ADCS has publish a model for good practice, “LA Pre-proceedings Practice: Good Practice Essential Essentials.”
3.2 The Ministry of Justice has published a comprehensive guide, “Preparing for Care and Supervision Proceedings.”
3.3 The key activities in pre-proceedings work are:
To fully explore voluntary arrangements before an application to the Court is made To look within the child’s extended family network – using the Family Group Conference process – to determine whether the child can remain within their family, and whether this could prevent the child being looked after. (see FGC procedures). To be satisfied that those with parental responsibility (PR) have the capacity to consent to voluntary arrangements. To complete the relevant form of Assessment, Chronology and Genogram that provides enough evidence in support of the Local Authority’s application. To inform families in writing of the Local Authority’s concerns, through a “letter before proceedings”. To divert the child from proceedings, or narrow the contested issues, at a PLO Meeting before proceedings.
To encourage families to take up their entitlement to non-means-tested legal advice and representation at the pre-proceedings meeting. Their solicitor is expected to encourage their engagement with the Local Authority. (^) To inform families in writing of the Local Authority’s intention to issue proceedings.
4. EMERGENCY ARRANGEMENTS
4.1 Nothing in the PLO requires the Local Authority to carry out any pre-proceedings steps if the concerns for the child warrant immediate protective intervention.
4.2 Annex A to the Pilot PLO practice direction, makes it clear that there may be pressing cases, where the use of an Emergency Protection Order (EPO) is not required, but the child’s welfare needs make a rapid recourse to the court essential, and completing all pre-proceedings work and PLO documentation is not possible.
4.3. In these circumstances legal advice should be sought and good practice in pre- proceedings followed as far as is practicable. The family should continue to be kept informed, and the court must be given reasons why missing pieces of information cannot be supplied.
4.4 Where the grounds exist for seeking an EPO the good practice guidance published by the Department of Education should be followed: insert link.
5. CONSIDERATION OF THE LEGAL FRAMEWORK
5.1 The decision to initiate PLO either pre-proceedings or immediate issue must be made by a senior manager after the case has been presented at the Children’s Access to Resource Panel (CARP). Following the decision at CARP to initiate the PLO a Legal Planning Meeting must convened within 5 working days, where a plan is devised in regards to the work that will be undertaken, the desired outcomes (the timeframe for sustained change) and the timescale: all of which will provide the foundation for securing early permanency for the outset.
5.2 In the case where the child is deemed to be in immediate risk of harm and an EPO is required to ensure the child’s safety then the authority of a Senior Manager must be sought.
5.3 The LPM will be chaired by the Operational Manager with both the Team Manager and the child’s social worker in attendance. The purpose of the LPM is to
6.5 In cases where the child concerned is 14 or older they should receive a letter in their own right, and consideration must be given to their right to advocacy, including consideration being given to their emotional age and their cognitive level of understanding.
6.6. Consideration must always be given at this stage to providing parents and others with parental responsibility with the Ministry of Justice booklet “Your child could be taken into care – Here’s what you need to know” available to down load provide link.
7. THE PLO PRE PROCEEDINGS MEETING
7.1The date and time for the PLO Pre-proceedings Meeting will be agreed with the Legal Services before the letter before proceedings is sent to the parents. The legal adviser will attend in all cases, except where parents are not themselves represented. Where the local authority legal adviser does not attend the PLO meeting should not be cancelled or rescheduled, as this may create further delay in the management of the case.
7.2. The PLO meeting will be chaired by the Operational Manager and the social worker and Team Manager will both attend. The PLO meeting will be minuted by the operational team (see Appendix 3) and once completed (they should be available within seven days of the meeting) the minutes will need to be agreed by the parents and their legal representative, if present.
7.3. Parents (and their legal representatives) must be made aware of the serious nature of the Local Authority’s concerns, and readiness to go to court. They must be advised of precisely what is expected of them if proceedings are to be avoided, and they must give explicit agreement to a new plan.
7.4. The nature of the plan will depend upon the child’s specific circumstances, but
the following may all need to be identified:-
Agreement regarding social work visits (child and parent) Agreement regarding support groups and activities (parent or child) Agreement regarding specialist assessments (parent or child) Agreement regarding Family Group Conference Agreement regarding assessment of family and/or friends identified to care for the child Agreement regarding placement of the child (should it be agreed that the child will live with extended family or friends then regulation 24 must be followed, see Family and Friends Protocol) Agreement regarding other legal options (e.g. Special Guardianship, Residence Order or Adoption)
7.5 If no agreement can be reached it will be the decision of the meeting to seek the approval of the Children’s Resource Panel to issue proceedings.
7.6. Following the meeting the Operational Manager will write to parents and those with parental responsibility:
Enclosing the meeting minutes Setting out the pre-proceedings plan Giving the date and time of the PLO Review Setting out what the Local Authority will do if the plan is not successful
7.7. The plan will also be copied to the IRU Operational Manager and to other agencies working with the child, e.g. kinship fostering team.
7.8. To conclude, the following good practice principles should be taken into account in preparing the proposed care plan:
The child needs to be protected and their welfare and safety is paramount; The child and family must be involved in the planning process, with their views and wishes determined and taken into account; The child’s plan must include multi-agency consultation; The child’s plan must address the need for security, stability and permanent attachment; Parallel planning should be evident and used to reduce any potential delay; Every effort should be made to keep the child within their immediate/extended family network; Where permanence options are being considered such as adoption, Special Guardianship (SGO), Residence Order (RO) then these should be a positive choice for children; Plans should be evidence based and provide a clear rationale for the care plan for the child.
7.9. The plan will be reviewed within a maximum of 3 months to see if all tasks have been completed and the PLO is satisfied that threshold criteria no longer applies. Parents and those with parental responsibility should be notified in writing by the Operation Manager if the plan has concluded successfully at that point, or if requires further reviewing.
7.10 If the plan is unsuccessful a further LPM will be convened. The Children’s Recourse Panel’s approval is required to issue proceedings.
Key Local Authority minutes and records for the child Pre-existing care plans Letters before proceedings
8.6 Check list documents are not to be filed with the Court unless the Court directs otherwise, and they are not to be older than two years on the day of issue unless the Local Authority relies on them as evidence.
8.7. On Day 2 the Court will list a Case Management Hearing, by Day 12, and the
Local Authority will serve on all the parties The Application Form Annex documents Evidential check list documents The date and time of the Case Management Hearing
Decision making check list documents are to be disclosed on request to any party, but there is no requirement that they be served.
8.8. Also on Day 2 the Court will give standard directions on Issue and Allocation.
9. PROCEEDINGS UNDER THE PLO: STAGE 2, THE CASE MANAGEMENT
HEARING (CMH)- BY DAY 12
9.1 Two clear days before the Case Management Hearing the advocates will meet. The meeting may include “litigants in person” but not social care or other professionals. At the conclusion, the Local Authority advocate will file a draft Case Management Order. If necessary this will identify proposed experts and draft questions. The meeting will notify the Court immediately if a contested Interim Care Order hearing appears necessary.
9.2. The child’s social worker must attend the CMH and instruct the Local Authority advocate, appropriately supported by their line manager
9.3. The Case Management Hearing will
Confirm allocation or consider transfer of the case Draw up timetables Identify additional parties, confirming the appointment of a Children’s Guardian Identify the key issues Identify the evidence required in order to resolve the key issues
Decide whether there is an issue about threshold to be resolved Determine where it is necessary for expert(s) to be instructed Identify any necessary 3rd^ party disclosure Give directions for any concurrent proceedings Ensure compliance Direct filing of any threshold agreement, final evidence, Care Plan and responses Direct a Case Analysis by the Children’s Guardian Direct a further Advocates meeting List all further hearings Give special directions e.g. for interpreters Issue a Case Management Order
9.4. A further Case Management Hearing (FCMH) may be held, but only if necessary and in any event no later than Day 20. It is expected that full case management will take place at the CMH, with parties prepared to deal with all the Stage 2 issues. A FCMH must not be regarded as a routine step in proceedings.
10. PROCEEDINGS UNDER THE PLO: THE ISSUE RESOULATION HEARING
(IRH)
10.1. The Issues Resolution Hearing takes place as directed by the Court, in accordance with the timetable for the proceedings.
10.2. The Advocates and litigants in person will meet no later than 7 days before the
IRH, review the evidence and the position of the parties. The meeting will identify
The remaining key issues and how they may be narrowed or resolved at the IRH What further evidence is required Witnesses that may be required at the Final Hearing The need for a contested hearing or time for oral evidence at the IRH
10.3. The Local Authority will notify the Court immediately of the outcome of the discussion and file a draft Case Management Order for the IRH.
10.4. The child’s social worker must attend the IRH and instruct the Local Authority
advocate, appropriately supported by their line manager.
10.5. At the Issues Resolution Hearing the Court will:
13.2. Changes to the Court Rules and Practice Directions have set a higher threshold for the use of experts. The standard was previously that an expert is “reasonably required.” The standard now is that an expert will be instructed when it is “necessary.” The Court is required to consider why additional evidence is necessary, and what it will add to the evidence of the social worker and the Children’s Guardian; the social worker is seen a trusted professional playing a central role in the proceedings.
13.3. The Local Authority must have a view from Day 1 of any outstanding evidence, and this should be identified in the Social Work Statement. Any of the parties seeking the appointment of an expert must bring to the Advocates Meeting before the CMH a draft Application and Letter of Instruction. This will make clear
which issues are to be addressed, what questions are to be asked, who will draft a letter of instruction, and what will be the timetable for the report
13.4. The request will be debated vigorously at the CMH before a decision is reached. Any expert then instructed will be expected to focus on a limited number of questions, and encouraged to provide evidence based analysis and opinion, using summaries where possible to promote brevity. This emphasizes the crucial role of the CMH in achieving the 26 weeks target.
14. THE ROLE THE CHILDREN’S GUARDIAN
14.1.The role of the Children’s Guardian is substantially changed under the revised PLO. The 3-stage case analysis no longer applies. Instead the Children’s Guardian will provide an initial case analysis by Day 10 – that is, in time for the Advocates Meeting before the CMH. Any gaps in evidence will be identified, forming the basis for an application to instruct an expert witness. In cases where the pre-proceedings work has been fully compliant it may not be necessary for the Guardian to report again. In those cases where the Guardian considers that a second report will be necessary this will be no later than the IRH.
14.2. The focus of the Guardian’s report will usually be less on the threshold criteria and primarily about the viability and effectiveness of the Local Authority Care Plan.
Appendix One
Legal Planning Meeting – Checklist/Template
Date
Attendees
Family Profile Subject Child(ren):
Mother and Father:
Siblings:
Connected Persons (any available details):
Documents available at the meeting and documents to be provided.
Summary of relevant background information.
Is parents’ consent to the care plan going to be fully informed?
Are the consequences of giving this consent fully understood; are the range of choices available fully appreciated as well as the consequences of refusal as well as of giving consent; are the parents in possession of all the material facts and issues?
The use of a ‘letter before proceedings’ under the Public Law Outline.
Are the threshold criteria for care proceedings met? Will a ‘Letter Before Proceedings’ meet the child’s identified short term needs? or Are the scale, nature and urgency of the safeguarding concerns such that it is not in the interests of the child for a ‘Letter Before Proceedings’ to be sent? and Is an order better for the child than making no order at all?
Outline care plans for the children if care proceedings are to be issued.
Placement; contact; permanence planning from the outset; in which court should the application should be heard; whether to ask the court to make an ICO or ISO and why; where is any other relevant available information; are any further assessments needed and if not why not
separate from children’s services. You do not have to bring a solicitor to the meeting, but it will be helpful if you do.
Information your Solicitor will need is:
Local Authority Legal Contact
Name and address of Lawyer
WHAT WILL HAPPEN IF YOU DO NOTHING
If you do nothing we will have to go to Court. If you do not answer this letter or come to the meeting, we will go to Court as soon as we can to make sure {name(s) of child(ren)} are safe.
YOUR WIDER FAMILY
Our concerns about {name(s) of child(ren)} are very serious. If we do have to go to Court and the Court decides you cannot care for your children, we will first try and place them with one of your relatives, if it is best for your child(ren) to do this. At the meeting we will want to talk to you and your solicitor about who might look after your child if the Court decides that it is no longer safe for you to do so.
We look forward to seeing you at the meeting with your solicitor on {date}. If you do not understand any part of this letter, please contact your social worker {name} on {tel. no.}. Please tell your social worker if you need any help with child care or transport arrangements in order to come to the meeting, and we will try to help.
Yours sincerely
{name}
Team Manager
Local office/service
Copy to: Social Worker {name}
Local Authority In-house Legal Team
Enclosures:
Map of office List of local Law Society Children Panel Solicitors
List of things we are worried about
PLEASE SHOW / TAKE THIS TO A SOLICITOR
HERE ARE THE MAIN THINGS THAT WE ARE WORRIED ABOUT:
1. {Outline concern and give examples of when this happened. This should capture chronic ongoing concerns as well as acute episodes/incidents}
Date(s) Problem
2.
Date(s) Problem
W H AT CHILDRE N’S S E RVI CES H AV E DONE TO TRY TO HELP
{Who?} {What help has been given?}
{When?}
WHAT YOU HAVE TO DO SO THAT WE WILL NOT GO TO COURT:
- Confirm that you will come to a meeting to talk about these concerns. Please try to bring a solicitor with you.
- Continue to see and work with your social worker {insert name} and allow him/her to see {name(s) of child(ren)}. 3. At the meeting you will be asked to talk about how {name(s) of child(ren)} will be kept safe, with our help.
