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2.2.2 Public Law Outline

SCOPE OF THIS CHAPTER

This chapter was agreed in January 2011 and is the third version. It was amended to include links to the associated flowcharts, letters and agendas.


Contents

  1. Introduction
  2. Stage 1 - Legal Gateway Meeting
  3. Stage 1 - Procedure
  4. Stage 2 - Letter Before Proceedings and Public Law Outline Meeting (also known as meeting before proceedings) Meeting
  5. Pre-Proceedings Meetings
  6. Stage 3 - Review
  7. Review Arrangements for this Procedure
  8. Background Information


1. Introduction

1.

This procedure replaces Version 2 dated July 2009. It is accompanied by:

  1. Agenda for the Legal Gateway Meeting (Document 1);
  2. Agenda for Public Law Outline Meeting (Document 2);
  3. Lists of Roles and Responsibilities (Document 3);
  4. The locally adapted “Letter Before Proceedings - How to Avoid Going to Court”;
  5. The locally adapted “Letter Before Proceedings - The Local Authority Will be Going to Court”;
  6. The threshold criteria in Section 31, Children Act 1989.

    [For the basis of the Public Law Outline, see Paragraph 33].
2. Nothing in the Public Law Outline prevents emergency or urgent action being taken to protect a child where delay caused in implementing the PLO would put a child at risk.


2. Stage 1 - Legal Gateway Meeting

3. The purpose of this meeting is for the Local Authority to seek legal advice about a particular case. Are the threshold criteria for Care or Supervision Order met and are Court proceedings necessary at this stage?
4. The PLO applies when, as part of the ongoing supervision process between a Social Worker and Senior Care Manager, they identify when a case could become proceedings or not.
5. At this point, there is a discussion with the Service Manager and a Legal Gateway Meeting is requested by or on behalf of a Senior Care Manager with an allocated Solicitor.  The Team Leader for the Social Care Legal Team allocates a Solicitor to the case when a Legal Gateway Meeting has been requested. Requests are made by the Social Worker or Senior Care Manager e mailing a completed Duty Referral Form to the Team Leader.
6.

PLO may apply in various situations, including but not limited to:

  1. A child is subject to a Child Protection Plan which is not safeguarding the child’s welfare or the Plan has been in operation for approaching two years;
  2. A child has been taken into Police protection and returned home and there are ongoing concerns about the child’s welfare;
  3. A child is accommodated, pending assessments about return home;
  4. A child is accommodated with a view to adoption, and there are either child protection concerns which would give rise to concern for significant harm if the child were to be reunited with the parent, or there are consent or capacity issues about parental consent to an Adoption Plan;
  5. A Pre-Birth Assessment is planned/ongoing and an option may be placement away from the parents’ care at birth, either because of current or historic concerns, such as previous children not cared for by their parents;
  6. The child is the subject of private law proceedings and the Court has or may order Reports under Section 7, Children Act 1989 (Welfare Report about contact/residence), or Section 37 (Court considers an Interim Care Order or Interim Supervision Order may be appropriate and directs the Local Authority to investigate and report back). The PLO may apply if there are child protection concerns, and at the conclusion of or in the course of enquiries, the case could become proceedings.


3. Stage 1 - Procedure

See Document 1 - Agenda for Legal Gateway Meeting

7. Prior to the Legal Gateway Meeting, the Social Worker supplies existing documentation to the Legal Section as per the Annex to Form C110 - the Application Form for a Care or Supervision Order (kept by the  Area admin team) - e.g., existing assessments/specialist Reports and relevant Court judgments.
8. The Legal Gateway Meeting is chaired by Legal and attended by the Social Worker and Senior Care Manager. The purpose of the meeting is to establish whether the criteria for a Care or Supervision Order are met (the threshold in Section 31, Children Act 1989) and the next steps. The meeting is the key opportunity to discuss and record legal advice.
9. Copies of the Minutes are sent by Legal to the Social Worker, Senior Care Manager, Service Manager and when a letter before proceedings is to be sent out and a Meeting held, to the Group Services Manager.
10. “Virtual” Legal Gateway Meetings may be by way of  telephone conversations or E-mails between the Solicitor and Social Worker /Senior Care Manager.  This may be appropriate, e.g., if the allocated Solicitor has significant knowledge of the case from previous proceedings and CSC are planning to institute proceedings, or when time does not allow a face-to-face meeting to be held.
11. If there is no face-to-face meeting, it is essential that legal advice is given in writing about the grounds for proceedings.
12.

The options following the Legal Gateway Meeting will be:

  • Option 1:  The PLO does not apply - e.g., insufficient evidence to cross the legal threshold, or services to be provided or no further action required;
  • Option 2:  The threshold criteria are met, but it may be possible to avoid proceedings;
  • Option 3:  Proceedings are needed in any event;
  • Option 4:  An urgent application to the Court is required.


4. Stage 2 - Letter Before Proceedings and Public Law Outline Meeting (also known as meeting before proceedings) Meeting

See: Letter to Parents - How to Avoid Proceedings

Letter to Parents - Local Authority Going to Court

Agenda for Public Law Outline Meeting

13. The Senior Care Manager, having agreed the contents of the letter before proceedings with the Service Manager, sends out the letter before proceedings, outlining the concerns that need to be addressed, action required and support to be provided, along with five working days’ notice of the meeting before proceedings.
14. The expectation is that pending  letters are discussed with clients in person by the Social Worker and the letters are hand delivered. (If this is not possible, they should be sent by  Recorded Delivery).Translated letters are to be provided if necessary. If  the parents have instructed Solicitors, copies to sent to them also.
15. The letter before proceedings enables the parent’s Solicitor to obtain public funding to advise their client, attend meetings and enter into formal negotiations with Legal. The letter would normally be drafted at the Legal Gateway Meeting.
16. A letter before proceedings is required when it may be possible to avoid proceedings, as well as situations where there will be proceedings in any event. There are two standard letters: one for use in situations where proceedings are a possible outcome, and one where the decision has already been made to go to Court for a Care or Supervision Order. The letter will be filed at Court and form part of the Local Authority’s evidence if proceedings are instituted.
17. If there are to be proceedings, the Service Manager must obtain the Group Services Manager authorisation for the proceedings before the letter is sent out. This should be in writing.
18. If there are potential capacity issues, consideration needs to be given about how to ensure that parents can communicate their views.


5. Pre-Proceedings Meetings

19. The objective of the Pre-Proceedings Meeting is to agree a plan and make arrangements for the monitoring and review of the plan.
20. The Senior Care Manager invites parents and their Solicitors to the Pre-Proceedings Meeting and chairs the meeting. The Local Authority Solicitor is invited and remains in the meeting whether or not the parents have legal representation. The Senior Care Manager has discretion about holding the meeting if parents/their Solicitors do not attend and will weigh up the urgency of the situation and the child’s best interests along with  the rights of the  parents to attend.
21. The meeting may also look at issues of consent where relevant concerns are being discussed - for example, access to adult medical records, records of other agencies working with adults, paediatric follow-up.  Draft Consent Forms could be completed at the meeting.
22. Currently, the procedures do not allow for the child’s attendance and participation at meetings, but this will be kept under review.
23. Following discussion at the meeting, and in particular, regarding alternative potential family carers, time is built into the meeting for the parents and their legal advisers to discuss matters in private and then be given the opportunity to contribute further to the meeting. The Senior Care Manager summarises the meeting and formulates the plan for the child.
24. If the child is the subject of a Child in Need Plan, Child Protection Plan or Looked After Child Plan, the outcome of the meeting needs to reflect the issues in these pre-existing plans/documentation.
25.

The Senior Care Manager sends the Minutes to those present/invited to the meeting and also to the Service Manager. In addition:

  1. If the child is subject to a Child Protection Plan, the plan devised at the meeting with the parents is either a way of achieving the Child Protection Plan or the Child Protection Plan is subsequently superseded by the granting of an Order.  The Senior Care Manager liaises with the Child Protection Co-Ordinator and sends them, along with other professionals in the Core Group, a copy of the plan.
  2. If a child is accommodated under Section 20, Children Act 1989 accommodation, the plan is sent by the Senior Care Manager to the Service Manager and Independent Reviewing Officer, with copies to those invited to the LAC Review.

    Note: The LAC Care Plan can only be amended at a Statutory Review.  If there is to be a chance in the Care Plan, there needs to be urgent consultation with the IRO and new  plans ratified at the next Review.
  1. The plan may recommend a Family Group Conference. These are covered by different procedures, and the plan devised at the Family Group Conference needs to be incorporated in any subsequent review of the PLO procedures.


6. Stage 3 - Review

26. The PLO review period needs to be case specific, depending upon the circumstances, and in particular, the level of risk to the child and likelihood of change. PLO processes can run concurrently with other processes and Review Meetings should be no less frequent than the existing reviewing processes in relation to Child Protection Reviews/LAC Review dates.
27.

The Senior Care Manager sends invitations to all invited to the original meeting and uses the same Agenda:

  • PLO Review Outcome 1:  No proceedings. The plan has been implemented successfully;
  • PLO Review Outcome 2: Application for a Care or Supervision Order. It will be known before the meeting that this is the likely outcome if the plan is not working. The Senior Care Manager/Service Manager consults with the Group Services Manager before the meeting so that the SCM has the authority to state that proceedings will be issued, if appropriate;
  • PLO Review Outcome 3:  Further work is needed before the Group Services Manager can be in a position to decide about care proceedings. If this is the case, this must be specified in writing by the Group Services Manager with further review built in.
28. Note: It is not anticipated that PLO processes will last more than six months without a plan for permanence for the child. Either the PLO processes should be discontinued after this period of time or there should be proceedings.
29. In each case, the written outcome of the Review is sent to those who received the Minutes of the original PLO Meeting.
30.

Care proceedings - if proceedings follow, the Social Worker prepares:-

  1. The Interim Care Plan incorporating a timetable for the child;
  2. The draft Application Form C110;
  3. And supplies any outstanding background information/documents to Legal plus  a certified copy of the Birth Certificate for each child.
31. Legal Section prepare any further PLO documentation required by the Court, such as the Schedule of Proposed Findings under Section 31, Children Act 1989.


7. Review Arrangements for this Procedure

32. There will be further review of this procedure after 12 months by Legal and Social Care.


8. Background Information

See Ministry of Justice Website

33.

Practice Direction (President of the Family Division) - Public Law Proceedings Guide to Case Management, April 2010.

  1. Ministry of Justice Briefing Note regarding the revision of the Public Law Outline;
  2. The pre-proceedings Flow Chart;
  3. Court Proceedings - Public Law Outline, April 2008;
  4. Ministry of Justice Best Practice guide, August 2009.

End