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Contents

1. What is Happening?
2. When did it Happen?
3. Why the Change?
4. Care Review Recommendations
5. What are the Key Changes? What does it mean for Local Authorities?
6. What does it mean in Practice?
7. Assessment Process
8. What Documents need to be Produced for the Court when Issuing an Application for a Care/Supervision Order
9. What Documents need to be Produced for First Court Hearing
10. Pre-Proceedings Preparation
11. Court Proceedings PLO
    
    Annex A - Template Letter

Click here for the full text of the Public Law Outline, including the Pre-proceedings checklist and flowchart.

1. What is Happening?

• The Judicial Protocol has been replaced by the Public Law Outline (PLO) which will have implications for Children's Services in all Local Authorities and management of care cases.
• A new statutory guidance (Volume 1 of the Children Act 1989 Guidance - Court Orders) pursuant to S7 Local Authority Social Services Act 1970.
• Practice Direction from the President of the Family Division to support the statutory guidance.
• New Legal Aid fee scheme. This will provide for preproceedings advice for parents and those with parental responsibility - allows liaison and negotiations with the LA.

2. When did it Happen?

• 1st April 2008 - fully operational for all childcare cases issued after 1st April 2008. PLO DOES NOT apply retrospectively.
• The following Local Authorities are already acting as pilots for the PLO

	Birmingham	Warrington/Chester
	London	Newcastle/Sunderland
	Liverpool	Exeter/Plymouth
	Leicester	Swansea
	Milton/Keynes/Oxford	Portsmouth

3. Why the Change?

• The Review of Childcare Proceedings System in England (published May 2008 by DCA and as it was Dfes) highlighted areas requiring attention.
• Over 14000 applications for Care and Supervision Orders.
• More than 60% of care proceedings involve children under 6 years.
• Cases taking more than 12 months (51 weeks care centres, 44 weeks FPC) to finalise - children have to wait longer for a decision as to their future - flies in face of "Delay" principle Children Act 1989.
• More than half of 16 year olds leaving care have no educational qualifications and by the age of 19 years nearly half are neither in full-time education nor in work.
• These children and their families are some of the most vulnerable and socially excluded people in our society.

4. Care Review Recommendations

• Helping families - ensuring families and children understand proceedings
• Better informed resolution - ensuring applications are made after all safe and appropriate alternatives have been explored
• Preparation for proceedings - improving the quality and consistency of applications
• During proceedings - improved case management
• Inter-agency working - ensuring closer professional relationships

5. What are the Key Changes? What does it mean for Local Authorities?

• Emphasis on PRE-PROCEEDINGS PREPARATION. LAs will be required to have carried out assessments and to have explored all options fully before bringing an application to Court.
• LAs will be expected to submit better prepared applications ensuring all assessments and kinship options have been explored as far as possible.
• A more streamlined process. There will now be 4 instead of 6 stages in the court process - with emphasis on pre-proceedings preparation.

STAGE 1	ISSUE AND FIRST APPOINTMENT - in the FPC to allocate and give initial care management Directions
STAGE 2	ADVOCATES' MEETINGS and CASE MANAGEMENT CONFERENCE (CMC) to identify issues and give full CMC Directions
STAGE 3	ADVOCATES' MEETINGS and ISSUES RESOLUTION HEARING (IRH) to resolve and narrow issues and identify any remaining issues
STAGE 4	FINAL HEARING - to determine remaining issues

• The timetable of progressing the case will be agreed between the Judge and parties according to the needs of the child. It is expected that as issues will be identified earlier in the process, the evidence relating to any issues will be narrowed down. The benchmark of 40 weeks will still remain.
• Simplification and cost-effectiveness
• The Court will be expected to take on a more enhanced case management role and there will be a greater expectation on lawyers to prepare in advance of hearings to ensure key issues are identified in cases early on.
• The Children's Guardian once appointed will be expected to identify what gaps remain in the LAs pre-proceedings work already carried out. The Guardian will be expected to provide a "CASE ANALYSIS" at each stage of the proceedings.

6. What does it mean in Practice?

Front loaded preparation - pre-proceedings work in accordance with Department for Education guidance - completing core assessments and any other assessment that is relevant to the child's needs PRIOR to issuing proceedings. This removes the possibility of shared costs during proceedings. Enhanced advocacy preparation and case management - Advocates' meetings before CMC and IRH. New case management imperatives: the identification of key issues and issue resolution. Significant reduction in unnecessary duplication of documents - new simplified form in plain language. Standard Directions: Case Management Order to be completed by advocates in advance of each Case Management hearing (CMC and IRH) to be filed with the Court at least 24 hours in advance of the listed hearing. Anticipated reduction in the use of experts - where instructed the development of joint and team instruction to be considered - the Court will expect parties to have narrowed down issues so fundamental issues remain before the Court and expert. The documented recording of decision making processes from all agencies involved in Children in Need planning and protection may be submitted as evidence and are disclosable to parties. The expectation as a matter of routine that core assessments (in accordance with Framework for Assessment of Children in Need and their families) will be carried out prior to S31 applications being made. The Local Authority is expected to have considered the possibility of the placement of a child with relatives and friends, whether as an alternative to proceedings or as a care placement. The Local Authority is expected to have sent a "Letter before proceedings notification letter/fairness letter to parents (unless it is not safe for a child to do so) as part of improving communications with families and with a view to avoid proceedings where possible. The letter must be in plain language and set out:
	a summary of the LA's concerns about the actual or likely harm to the child and the evidence on which these concerns are based information about what the LA has done to:
		safeguard and promote the child's welfare what needs to be addressed what support will be provided and what the outcome will be if the problems are not addressed
AND Information about how to obtain legal help and advice (non-means tested) - providing a list of local solicitors who deal with public law work.

THE RECEIPT OF THIS LETTER TRIGGERS THE PARENTS GAINING ACCESS TO PRE-PROCEEDINGS LEGAL ADVICE.

Where an emergency situation arises PLO recognises that there may not be a period which will allow for such a letter to be sent and direct discussions to take place. In such a case the LA is expected to make explicit the reason for any missing documents in its initial application.

See Annex A - Template Letter

7. Assessment Process

Where a child is referred to the LA as a child who may be in need, the LA should decide within 1 working day of the referral whether to undertake an initial assessment

The decision will normally follow after a discussion with the referee and consideration of other information which the LA may hold or obtain

Any assessment should be undertaken in accordance with the Framework for the Assessment of Children in Need and their Families should be completed within 7 days of date of referral. Information should be gathered and analysed using the domains of the Assessment framework - child's developmental needs parenting capacity family and environmental factors

By undertaking an initial assessment, which may be very brief in an urgent safeguarding situation, the LA may ascertain whether the child is a "Child in Need" (S17(10) CA'89 and There is "reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm (S47 CA'89)

If Child in Need "If at risk of significant harm" Where LA identifies that there are no concerns of significant harm, the LA may have sufficient information to determine what services, if any, should be provided on the basis of the initial assessment and to agree a "Child in Need" plan with the child and family. Where the LA identifies that the child is or is at risk of suffering significant harm, the LA is under a duty within 48 hours to make such enquiries as it considers necessary to safeguard or promote the welfare of the child and take what action may be appropriate in the circumstances.

A core assessment is an in-depth assessment which addresses aspects of a child's needs and the capacity of his/her caregivers/parents to respond to these needs. Should be completed within 35 working days This assessment can use prior specialist assessments that may have been carried out which can influence the LA's planning for the child Compliance with the requirement to complete the core assessment will be scrutinised by the Court as part of it's care management role as part of any S31 application being placed before it. With exception of emergency cases where a LA has concerns, it is expected the LA will liaise with the parents and wider family to agree the way forward At or immediately after the meeting, with the parents (and their legal rep) the LA should provide in writing any plan devised for the child and the steps the LA will take if parents do not engage with the plan to safeguard the child.

If despite the meeting following the "Letter Before proceedings/fairness letter" the LA continues to be concerned that the child is or is likely to suffer from significant harm, the responsibility remains with the LA to make an application for a Care/Supervision Order to the Court.

8. What Documents need to be Produced for the Court when Issuing an Application for a Care/Supervision Order

The Pre-Proceedings Checklist:

1. Previous Court Orders/Judgements/Reasons
2. Initial and core assessments
3. S7/37 reports
4. Details of relatives/friends eg geneogram, FGC meeting minutes, action plan from any meetings
5. Single, joint or inter agency information eg health, education, home office approval/immigration status
6. "Letter Before Proceedings" and any other letter sent prior to issuing
7. Minutes of Meeting with parents/relatives
8. Key LA minutes and records for the child (including strategy meeting minutes)
9. Pre-existing care plans for the child (including Child in Need/Child protection plans)
10. Any assessments - community based/residential - viability/full

9. What Documents need to be Produced for First Court Hearing

1. Application Form (to be drafted by Legal) and supplementary form PLO1
2. Initial social work statement (ideally 5 pages)
3. Social work chronology
4. Care Plan arising from pre-proceedings meeting with family
5. Allocation record and timetable for child
6. Schedule of proposed findings (to be drafted by Legal)
7. Case summary (to be drafted by Legal)
8. Draft Case Management Order (to be drafted by Legal)
9. Case Analysis and recommendation (provided by CAFCASS)

10. Pre-Proceedings

Pre-proceedings Checklist

THE CHECKLIST DOCS: to be disclosed from LA files
Previous court orders/judgements/reasons
Relevant Assessments	Initial Core S7/S37 Kinship Care Geneogram
Relevant Reports/Records	single, joint interagency records - health, education immigration etc.. records of discussions with family key LA minutes/records eg. strategy meetings
Existing Care Plans	Child in Need/Child Protection Plans
Social Work Chronology
Letters Before Proceedings

To be prepared for Proceedings

1.	Schedule of proposed findings
2.	Initial Social Work statement, should be limited to the precipitating incident(s) and background circumstances relevant to the grounds and reasons for making the application Need a brief description of any referral and assessment procedures that have already occurred Any facts/matters that are within the social workers personal knowledge, limited to the findings sought by the LA Any emergency steps and previous Court Orders that are relevant to the application Any decisions made by the LA that are relevant to the application Information relating to ethnicity, religion, culture, language, vulnerability of the child and family profile Where an ICO being applied for - to set out details relating to contact, placement and services proposed The LA's proposals for further assessments of parties during proceedings including parallel planning
3.	Care Plan
4.	Allocation Record and timetable for child
5.	Case Summary

Stage 1

Issue Application - On Day 1 and by Day 3

STAGE 2

Advocates Meeting Prior CMC (AM)

No later than 2 days before CMC

• Identify proposed experts and draft questions in accordance with Experts Practice Direction
• Draft CMC Order and file with CMC Judge 11 am 1 day before CMC
• Notify Court of need for contested hearing if appropriate
• Consider all parties case summaries

CMC

No later than day 45

• Detailed case management by the Court
  • Court will ensure Directions have been followed
  • Review timetable
  • Identify key issues
  • Consider directions in draft CMC order
  • Consider LA Care Plan
  • Check if experts instructed in accordance with Practice Direction
• Court will issue a Case Management Order
• Court will list IRH and FH

STAGE 3

Advocates Meeting prior to IRH (AM)

No later than between 2 and 7 days before IRH

• Consider all parties case summaries
• Notify Court of hearing time required
• Draft and file CMC order with CMC Judge no later than 11 am 1 day before IRH

Issues Resolution Hearing (IRH)

• Court to identify key issues remaining after parties have narrowed down areas that cannot be agreed
• Court will ensure Directions have been complied with
• Give Directions for Hearing
  • Threshold Doc areas of agreement/disagreement
  • final evidence and Care Plan
  • Case Analysis and recommendations
  • Witness templates
  • Skeleton arguments
  • judicial reading time
  • check bundles provided by Applicant are correct and up to date
  • Court lists IRH when necessary

STAGE 4

Final Hearing (FH)

In accordance with timetable for the child

• All parties file and serve updated case management docs
• Final Orders to be drafted in approved form
• Judgement/reasons given by the judiciary
• Docs disclosed after hearing if required

11. Court Proceedings PLO

Decision taken to issue application for Care/Supervision Order. Prepare in accordance with Vol 1 Children Act Guidance and Public Law Outline.

STAGE 1 ISSUE AND FIRST APPOINTMENT (FA)	ISSUE FA	New Application Form PLO1 Docs in pre-proceedings check list from LA files Court will confirm timetable for child, identify case for early Final Hearing, consider LA care plan and give standard directions Case appropriate for early Final Hearing Docs outline timetable/allocation record, LA case summary parties case summaries parties initial witness statements CAFCASS analysis
STAGE 2 AM AND CMC	AM CMC	Case Management Draft Order drafted by LA in discussion with other parties Lodge with CMC Judge, 11 am 1 day before CMC Identify/narrow issues Court endorses Order if no further issues LA to update timetable for the child
STAGE 3 AM, IRH	AM IRH	CMC return - identify issues from parties case summaries Draft Order Court will identify key remaining issues requiring resolution - will consider existing Directions and if parties have complied - will make Directions regarding further hearings. Court considers Care Plan for the child. Resolves/narrows issues Fixes date for FH
STAGE 4 FH	FH	Practice Direction documents Court will make directions regarding disclosure at the conclusion of the case

Annex A

Letter before Proceedings - Template Letter

PLEASE DO NOT IGNORE THIS LETTER TAKE IT TO A SOLICITOR NOW Dear (parent and/or full name(s) of all people with parental responsibility) Re: (insert name of Local Authority) CONCERNS ABOUT (insert name(s) of child(ren) - LETTER BEFORE PROCEEDINGS I am writing to let you know how concerned (name of LA) have become about your care of your child/ren. I am writing to tell you that (name of the Local Authority) is thinking about starting Care Proceedings in respect of (name(s) of child/ren). This means that we may apply to Court and (name(s) of child/ren) could, if the Court decides that this is best for him/her/them, be taken into care. We are so worried about your children that we will go to court unless you are able to improve things. There are things you can do which could stop this happening. We have set out in this letter the concerns that we have about (name(s) of child/ren) and the things that have been done to try to help your family. AN IMPORTANT MEETING ABOUT WHAT WILL HAPPEN NEXT Please come to a meeting with us to talk about these concerns on (date and time) at the (insert name of office). The address is (address) and there is a map with this letter to help you find it. Please contact your social worker on (tel. no) to tell us if you will come to the meeting. At this meeting we will discuss with you and tell you what you will need to do to make your child safe. We will also talk to you about how we will support you to do this. We will also make clear what steps we will take if we continue to be worried about (name(s) of child/ren). PLEASE BRING A SOLICITOR TO THE MEETING ON (insert date) Take this letter to a solicitor and ask them to come to the meeting with you. The solicitor will advise you about getting legal aid (free legal advice). We have sent with this letter a list of local solicitors who work with children and families. They are all 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: PLEASE SHOW/TAKE THIS TO A SOLICITOR HERE ARE THE MAIN THINGS THAT WE ARE WORRIED ABOUT (Outline concerns and give examples of when this happened. This should capture chronic ongoing concerns as well as acute episodes/incidents) Date(s) Problem             WHAT CHILDREN'S SERVICES HAVE 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) At the meeting you will be asked to talk about how (name(s) of child/ren) will be kept safe with our help.

End