Public Law Outline
What this Means to my Practice
Reaching early resolutions and
better outcomes for children,
young people and their families.
Learning Outcomes
• Know the changes that need to take place in
managing court procedures
• Clear understanding of your role in the Public
Law Outline
• Clear understanding of the roles of others and
the need to work in partnership
• Know how to support social workers in using the
PLO in their work
• Know where to find National & Local resources
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Welcome
Overview
Guidance
Public Law Outline
Practice Changes – exercise
Comfort break – 20 mins
Questions
Supporting social workers in their work
Close
CARE PROCEEDINGS
REFORMS:
An Overview
Aim – To summarise the background
to the reforms and outline the main
changes to become effective in April
2008
Context
• Over 14,000 applications (by child) for care or
supervision orders each year
• More than 60% of care proceedings involve children
under six years of age
• Cases frequently take longer than 12 months to reach a
conclusion…and the longer it takes, the longer a child
has to wait for a decision as to their future
• These children, and their families, are some of the most
vulnerable and socially excluded people in our society
Why the Change?
Care Review (May 2006) found unnecessary delay
caused by complex set of drivers:
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poorly prepared court applications;
ineffective case management;
scarcity of judicial resources;
variation in quality of representation;
expert evidence that takes a long time to
commission and/or is requested late and/or does not
provide suitable guidance for the court;
– late allocation of the children’s guardian;
– alternative carers emerging late in proceedings;
– variations in regional practice.
Care Review Recommendations
The Review of the Child Care Proceedings System in England and
Wales (May 2006) highlighted five key areas for attention:
– 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
Key Principles for Engaging with
Families
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Good evidence based assessments
No surprises
Parents to be fully involved
Plans to be written in plain English
Effective communication with children
Identification of the cause of the worry
Clarification on all expectations and consequences
Identification of significant adults in the a child's family
and their role
• Quality initial and core assessments
Children in Need Meeting
• Produce a plan which everyone agrees with
• Make clear the outcomes that need to be
achieved and how they will be measured
• Agree timescales for outcomes to be achieved
• Make clear everyone’s contribution to the plan to
achieve the outcome
Looked After Children
• Health Assessments
• Assessment of Family members and/
others who can care for the child/yp
• Need to make clear decisions in the best
interests of the child
• Need to ensure that as Corporate parents
we are all agreeing to the plans before we
get to Court
Cafcass
• Need to be notified when agreement made
to apply to court
• Provide information earlier
• Work actively with children
• Seek child’s views
• Use analysis
• Less duplication of information in their
reports – refer to evidence submitted
Co-operation
• ‘All parties and representatives
should co-operate wherever
reasonably practicable to help
towards securing the welfare of the
child as paramount consideration’
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The public law outline p17
Key Reforms
• Volume 1 (Court Orders) Children Act 1989 Guidance
and Regulations
– revised statutory guidance for local authorities, issued by the
Department for Children, Schools and Families and Welsh
Assembly Government
– issued under the Local Authority Social Services Act 1970
• Public Law Outline
– replacing the current Protocol for Judicial Case Management
– setting out how cases will be managed through the courts
Statutory Guidance
Key changes:
– Incorporates Framework for the Assessment
of Children in Need and Their Families ensuring core assessments are completed
– access for parents and those with PR to preproceedings legal advice
– front-loaded preparation: emphasis on preproceedings work by local authorities
Public Law Outline (PLO)
Key changes:
– Four stages, rather than six
– Advocates’ meetings
– Timetables focussed around the needs of the
child
– Cafcass analysis and recommendations
STATUTORY GUIDANCE
Aim – To cover the revisions to the Statutory
Guidance and the introduction of the Preproceedings Checklist
Pre- Proceedings Activity
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Pre –Proceedings Checklist
Legal planning meeting
Letter before proceedings letter
Legal advice for parents
Meeting with parents
Legal planning meeting
Pre-proceedings checklist finalised
Application for a care/supervision order
Legal Planning Meeting/Discussion
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Identify the concerns with LA legal team
Agree if threshold is met
Identify the documentation needed as evidence
Consider the action needed to be taken by
parents and LA
Letter Before Proceedings
• Written by the LA
• Gives parents a summary of the concerns
• Gives information about the LA has done to
support
• Identifies the needs to be addressed
• Defines the outcome if concerns not addressed
• Provides encouragement to seek legal advice
• Invitation to attend a meeting to discuss
Meeting with Parents
• Chaired by social worker’s manager
• Identifies concerns and outcome
• Agrees action to be taken to safeguard the child
, by whom and when to be completed
• What action the LA will take if no change
• Written action plan given to parents and others
that have attended
If No Change?
• Manager liaises with CLU, a further legal
planning meeting/discussion
• Agreement made on action
• Directions on future assessments
• LA responsible for making an application to court
Summary - Key Changes
• Ensuring core assessments fully completed
• Exploring kinship opportunities as fully as
possible
• Issuing a letter before proceedings as
appropriate
• Pre-proceedings legal advice - helping to clarify
the issues for parents
• Meeting between parents, advocates and local
authority
• Completion of pre-proceedings checklist
Public Law Outline
Stream lined Process
• Six stages reduced to four:
– Issue and First Appointment - to allocate and
give initial case management directions
– Advocates’ meeting and Case Management
Conference (CMC) - to identify issues and
give full case management directions
– Advocates’ meeting and Issues Resolution
Hearing (IRH) to resolve, narrow and identify
any remaining issues
– Final Hearing - to determine remaining issues
– flowchart showing the court process
– supplementary application form: PLO1 (Annex
A)
– local authority case summary form (Annex B)
– draft case management order (Annex C)
– Timetable for the child
– Cafcass guidance for completion of the
analysis and recommendations
Understanding and promoting the child’s immediate and life-long
welfare needs, and promoting the child’s active participation, is core to
Cafcass analysis, intervention and case management
•Appraise LA work in the
case
• Focus on key issues
• Regular information to
the court
Child-centred
intervention
Analysis
Child’s
immediate
& lifelong
welfare
Case
management /
planning
• Maximise safety
• Direct work to
understand Needs,
Wishes & Feelings
• Appropriate
participation so views
reach court as directly
as possible
• Work with family, social
& professional networks
to ascertain ability to
meet the child’s NWF
• Inform child of
outcomes
•Handover to IRO
•Make information
available for child’s
lifetime
• Case planning process focuses on reducing non-purposive delay so
timetable meets the child’s needs
• Narrow the issues / outstanding action / information needed to assist
court in case management e.g. experts; level; other parties
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Court Proceedings
• Stage 1 Issue and 1st appointment
• Stage 2 advocates meetings/discussion and
case management conference
• Stage 3 Advocates meeting and Issues
resolution hearing
• Stage 4 Final hearing
Experts
• There will be a separate Practice Direction on
how and when experts will be appointed in court
proceedings
• The appointment of an expert is a matter to be
determined by the court
• An expert’s report should not take the place of
core social work - e.g. initial and core
assessments, and assessment of family
members as carers
Day 1
• Application issued by court officer
• Court case manager nominated
• Pre-proceedings checklist considered and
directions given
• ?allocation/transfer to County Court
• Children’s guardian appointed – case analysis
and recommendations for 1st appointment
• Solicitor appointed for child
• Date set for 1st appointment (before Day 6)
By Day 3
• Children’s Guardian will be allocated
• LA serves application form and the checklist
documents on all parties to the proceedings
1st Appointment
• By day 6
• Confirms timetable for the child
• Arrangements for contested hearing if need notified to
the court
• Confirmation of allocation/transfer
• Children’s Guardian requested to prepare care analysis
and recommendations for the Case Management
Conference
• Scrutiny of the Care Plan
• Identify additional parties and representation
• Give initial case management directions
• Identify if suitable for ‘early final hearing’
Advocates Meeting/Discussion
• 2-7 days before the Case Management
Conference
• Legal advocates
• Consider case summaries, case analysis, &
recommendations
• Identify and agree proposed experts and draft ?s
• Notify court if a contested hearing
• LA to complete the Draft Case Management
Order to filed no later that 11 am before the
Case management Conference
Case Management Conference
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Held no later than day 45
Reviews and confirms child’s timetable
Confirms allocation/transfer
Scrutinises the care plan
Identifies remaining issues/concerns
Considers the case management directions in the draft
case management Order
Scrutinises the expert directions
Compliance checked with existing directions
Court issues the case management order
Issues resolution hearing listed
Final hearing
Final Approved Draft Case
Management Order
• Parties/legal reps to submit electronic form
of the final draft case management order
by the end of the day.
Advocates meeting
2-7 days before Issues Resolution
Hearing
• Legal advocate
• Consider case summaries and case analysis
and recommendations
• Draft case management order
• Notify court of contested hearing
• Time for oral evidence to be heard
• LA file Draft case management order to court no
later than 11am on the day before the issues
resolution hearing
Issues Resolution Hearing
between 16 & 25 weeks
• Identification by the court of the key issues if any
to be determined
• Review an confirm the timetable for the child
• Scrutinise compliance with directions
• Consider the draft case management order
• Scrutinise the care plan
• Give direction for Hearing documents
• Court issues case Management order
Final Hearing
• Timed to be in accordance with the individual
timetable of the child
• All parties file and serve updated case
management documents and bundles
• Draft final orders in approved form
• Judgement/reasons
Summary – Key Changes
• Filing checklist documentation and
supplementary form PLO1 with the application
• New, streamlined court process
• New allocation record and timetable for the child
• Ensuring advocates’ meetings take place
• Completion of draft case management order
• Focus on identifying, narrowing and resolving
issues at all stages of the PLO
• Change in reporting role for children’s guardian incremental and analytical reporting at all stages
How does my Practice need to
Change?
• What are the differences I will need to
make to my practice?
• What questions do I have?
• (30 mins)
Comfort Break
20 mins
Response to Questions
How Can I Support Social Workers
• What ideas do you have and what key
principles do we need to have within CSF
to support social workers to use the PLO
in their work
• (20 mins)
Managers Supporting Social
Workers
What next?
• Who else needs to be informed about the
changes?
• What extra information do we need to feel
confident to implement?
• What does my team need?
Resources
• www.justice.gov.uk/docs/faqs-careproceedings-reform
• www.tactcare.org.uk
• http://www.cafcass.gov.uk/publications/my_needs,_wish
es_and_feelings.aspx
• Connect - organisaton:csf:L&D:a-z:workshops:public law outline
For Professionals
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New forms & processes
New ways of thinking
New guidance
Development of different skills
Assessments to be completed with analysis
Need for SMART planning
More collaborative working with other
professionals
• Different relationship with CAFCASS
• Expert assessments to be earlier.
For Children & their Families
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More focus on resolution of issues
More honest and open
Timetable for child linked to their needs
SMART plans with outcomes
Emphasis on working together to reach
best outcome for child
• Child’s views actively listened to by the
Guardian and reported to the court