3.1.6 Legal Planning Meetings and Court Proceedings

RELEVANT LEGISLATION

Sections 31, Children Act 1989

Revised statutory guidance for local authorities (issued under section 7 of the Local Authority Social Services Act 1970) in relation to the issue of applications for Care Proceedings and the work that should be undertaken with children and families before such applications are made (April 2008)

The Public Law Outline, which is a guide to case management in public law proceedings for courts and parties to such proceedings (April 2008) – the full text is set out Public Law Outline Chapter.

Also see the Ministry of Justice Guidance Preparing for Care and Supervision Proceedings

AMENDMENTS

This chapter was amended in September 2011 to include the change made by the Care Planning, Placement and Case Review (England) Regulations 2010, requiring the local authority solicitor to advise the court of the name and contact details of the Independent Reviewing Officer (in section 1.7).

It was further amended in April 2012 when Section 3, Timescales for Legal Proceedings was added.

Legal Planning Meetings
After the Issue of Care Proceedings
Timescales for Legal Proceedings
Role of Legal Services in all Proceedings
Format of all Statements and Reports
Format of Care Plans filed in Care Proceedings
Correspondence during Court Proceedings

Appendix: Legal Planning Meeting Form

For applications for Emergency Protection Orders, see Applications for Emergency Protection Orders Procedure.

NB Any changes in a child’s legal status as a result of court proceedings must be notified to the Access to Resources Team who will update RAISE.

1. Legal Planning Meetings

1.1	Before a decision can be made to initiate Care Proceedings, a Legal Planning Meeting should be held and the approval of the Designated Manager (Care Proceedings) obtained. NB Any decision to commence Care Proceedings should have regard to the requirements of the Public Law Outline - see Public Law Outline and Care Proceedings - What does it mean for Local Authorities?
1.2	The child’s social worker is responsible for requesting the meeting by completing Part 1 of the Legal Planning Meeting Form and sending it by email or fax to Legal Services. Legal Services must agree to attend a meeting within 10 days of the request. The social worker’s team manager will chair the meeting; the child’s social worker and a representative of Legal Services will attend.
1.3	The Access to Resources Team (ART) should be advised that the meeting is due to take place and, where resources are likely to be considered for the child at the meeting, a representative of ART should be invited to attend.
1.4	The issues to be considered at the meeting will include the following: The reasons for the concerns and the evidential basis for establishing Significant Harm and the Threshold Criteria; Why Care Proceedings are necessary - what is their aim, objective and purpose? The steps already taken to clarify the issues of concern - i.e. Initial Assessment and Core Assessment, as well as other medical and other expert involvement; Whether the requirements of the Pre-Proceedings Checklist set out in the Public Law Outline have been met; When will the Initial Assessment or Core Assessment and other supporting documentation be available, if not already? The action/decisions already taken and where the decisions were made e.g. Strategy Discussion/Meeting, Child Protection Conference, Core Group meeting; The proposed Care Plan for the child, including the proposed placement and any cultural, language and ethnic issues, the need for a Twin Track Plan, consultation with parents and the wider family, whether any family members are available to care for the child on an interim or permanent basis, if so whether the required checks have been made, the proposals for contact; How the proposed Care Plan is to be achieved, including where appropriate arranging a date for the case to be presented to the Adoption Panel; Whether it may be appropriate to instruct any further expert assessment before the commencement of court proceedings - if so, what are the proposed remit of the instructions and the areas to be addressed, who should the assessment be done by and what are the likely timescales? Have there been previous Court proceedings in relation to the family? If so, what steps are required to obtain the papers in relation to the case - from the Court? or another local authority? When will the social worker’s Statement of Evidence be ready?
1.5	Legal Services will complete the record of the meeting (Part 2 of the Legal Planning Meeting Form) and, if Care Proceedings are recommended at the meeting, the team manager will seek the authority of the Designated Manager (Care Proceedings).
1.6	If authorised, the child’s social worker will advise the child and the relevant family members of the decision.
1.7	The social worker and a Legal Services representative will then complete Part D of the Form which sets out the documents that are required to be produced for Court. The local authority solicitor will advise the court of the name of the Independent Reviewing Officer and their contact details.
1.8	The issues set out in the Public Law Outline checklist need to be addressed before the first Court hearing and dates by which any outstanding assessments can be completed must be ascertained.

2. After the Issue of Care Proceedings

2.1	It is essential that the social worker and the local authority solicitor have regular contact during the course of the proceedings, and that the progress of the case is kept under constant review.
2.2	This will include discussion of any disclosure issues, which may need to be the subject of directions by the Court. For example, where there are parallel criminal proceedings, the Court may be asked to make directions in relation to the disclosure of evidence from the criminal investigation within the Care Proceedings. In addition, there may be other pending Court proceedings, which are relevant to the Care Proceedings and the Court may need to consider whether the cases should be transferred and/or consolidated.
2.3	The Public Law Outline checklist will become a running document and completion of the Checklist will require regular liaison between the social worker, local authority solicitor and barrister (if instructed) during the course of the proceedings.
2.4	In addition the social worker must keep the local authority solicitor and Children’s Guardian up to date with any changes in relation to the child during the proceedings, for example, placement, contact, school/education, health.
2.5	Arrangements must not be made for any change to the child’s placement without prior consultation with the Children’s Guardian.

3. Timescales for Legal Proceedings

3.1

It is essential that Children's Social Care staff respect court directions and comply with court deadlines. Failure to comply with a court deadline, e.g. for the filing of a statement or assessment, can result in a delay in the case prejudicing the best interests of the child/children in the case.

3.2

The timeline below must be followed in the production of documents for Care Proceedings to ensure that all relevant managers have time to read the documents and suggest necessary changes. It helps to ensure that Legal Services receive the documents in time to ensure they are of a high standard and that the Council is meeting the requirements of the Public Law Outline.

Working days	Action
-7	Social worker submits completed statement, assessment, care plan, or any other required documentation (in the correct format) to Team Manager for review and signature. Manager asks social worker to make any necessary amendments then signs off reports.
-3	Social work team submits care plan and/or statement to Legal. Legal Services will check the documents and will return them for clarification, amendment or corrections. Unless there are exceptional circumstances, documents should not be sent to Legal Services until they have been approved by Team Manager or Service Manager.
-3	Legal notifies relevant Team Manager, Service Manager and QA Manager if statement, assessment, report and/or care plan have not yet been received.
-24 hours	Legal files approved and signed statement, report and/or care plan with the Court.
0	Court submission date.

3.3

If the required paperwork from Children's Social Care is not in place, Legal Services will not issue proceedings. Legal Services will notify the Team Manager and Quality Assurance Manager where paperwork has not been received by Legal Services 3 working days before the submission date.

3.4

If there are any unavoidable delays in the production of the required paperwork for court, this must be agreed by a Service Manager. The Social Worker will inform Legal Services immediately so that (if necessary) the court and other parties can be informed.

4. The Role of Legal Services in all Proceedings

4.1

Legal Services will:

Provide legal advice;
Draft Court applications and liaise with the Court;
File and serve the local authority’s Statements of Evidence, Care Plans, Section 7 Reports, Section 37 Report etc;
Make arrangements for legal representation;
Prepare Court bundles as required;
Attend all Court hearings, including Directions appointments and Case Management Meetings as required under the Public Law Outline;
Renew Interim Care Orders as and when required;
Deal with all correspondence with solicitors during the course of the proceedings;
Confirm in writing to the social worker the outcome of each hearing highlighting the dates for filing statements, Court hearings and any other key actions;
Forward Court Orders to the social worker;
Where an expert is to be instructed by the local authority, draft the letter of instruction to expert in consultation with the social worker and team manager and circulate for approval of other parties.

5. Format of all Statements and Reports

5.1	All social work statements and reports must be: In numbered paragraphs; Double spaced; Paginated.
5.2	The Statement/Report must be accurate, succinct, relevant, well reasoned and balanced. Fact must be distinguished from opinion and opinion must only be expressed within the limits of the author’s own expertise.
5.3	All statements, reports and exhibits should have a front/cover sheet.
5.4	The front sheet of the statement or report and cover sheet of an exhibit must contain the correct case number and on the top right hand corner: The author’s name; The number of the author’s statement, i.e. 1st Statement, 2nd Statement etc; The date the Statement is signed (NB This must be the same as the date under the author’s signature on the back page of the Statement); The date the Statement is filed with the Court.
5.5	The social worker must ensure he or she has read all the other Statements already filed in the proceedings to enable an appropriate response to be given.
5.6	The draft Statement/Report must be seen by the team manager 7 days before the date it has to be filed with the Court.
5.7	The draft must be sent by e-mail to the local authority solicitor 5 days before the filing date. The local authority solicitor will send amendments/suggestions/advice within 2 days.
5.8	The original of the final Statement/Report (signed and dated) must be sent to the local authority solicitor at least one day before the filing date.

6. Format of Care Plans Filed in Care Proceedings

6.1	The format of the Interim Care Plan and Final Care Plan, which must be exhibited to the social worker’s Statement in Care Proceedings, should follow the headings set out in the Model Care Plan. Overall aim; Child’s needs including contact; Views of others; Placement details and timetable; Management and support by local authority.
6.2	There must be a separate Care Plan for each child.
6.3	The Care Plan must include a contingency plan, and where a Parallel Plan is involved, the Fostering and/or Adoption Teams must be involved at a Permanence Planning Panel at an early stage with regard to family finding – see Permanence Planning Procedure.
6.4	Where adoption is part of the Care Plan either as the preferred or contingency plan, legal advice should be sought as to the need for and timing of a Placement Order application.
6.5	The social worker and team manager must sign the Interim Care Plan. In addition the Designated Manager (Care Plans) must sign the Final Care Plan.

7. Correspondence during Court Proceedings

7.1	All correspondence received from solicitors for other parties during court proceedings must be passed to the Legal Services to deal with.
7.2	Where the Legal Services receive correspondence during court proceedings and require the social worker’s instructions for the reply, the letter will be faxed to the social worker within 2 days of its receipt and the social worker must give clear instructions to the solicitors within a maximum of 2 days.
7.3	In relation to any other contentious correspondence, including letters received from an expert received during court proceedings, the social worker must send the letter to Legal Services as soon as possible, together with detailed instructions for the reply.

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