The pre-proceedings process and the Public Law Outline

Child removal iStock 000007583512XSmall 146x219Kiran Gupta looks at the pre proceedings process, the Public Law Outline and what local authorities need to do.

In order to meet the requirements of the Children Act 1989 statutory guidance and regulations: (1) a timely letter before proceedings is essential as this will result in access to free legal aid; (2) identify what assessments are needed in terms of family members, etc., as soon as possible so time is not wasted after issue of care proceedings; (3) identify the plans for permanence for the child/ren at an early stage.

The key aims to be achieved through the PLO are:

  • Helping families – giving families a final opportunity to make changes to avoid care proceedings and helping them fully understand the consequence of care proceedings.
  • 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.

The guiding principles to take into account as part of the pre-proceedings process are:

  • To fully explore voluntary arrangements under the PLO before an application to court is made.
  • To look within the child’s extended family network to determine if anyone is able to care for the child and to use the Family Group Conference process with a view to enabling the child to remain within their family and not become looked after.
  • To be satisfied that a parent with parental responsibility has the capacity to give consent to voluntary arrangements before continuing without an order.
  • The social work chronology, genogram and core assessment will need to be completed and provide purposeful evidence and analysis to support the local authority’s application.
  • Local authority social workers and lawyers need to work together earlier than was the previous practice.
  • The ‘letter before proceedings’ will set out for the parents the local authority’s concerns, what work has been done with the family, what support has been offered and what further work needs to be done with the family and provide the opportunity for a formal meeting.
  • Parents will be able to obtain free (non-means, non-merit tested) legal advice and representation at the pre-proceedings meeting and the parents’ solicitor is expected to encourage them to engage with the local authority.
  • The child is not entitled to free legal advice pre proceedings and the local authority must ensure that it finds ways to provide age appropriate support and advocacy for a child who is able to contribute to the pre proceedings process.
  • The purpose of the pre-proceedings meeting is to narrow the issues and to re- engage the parents in an agreed care plan.

It is important to note that if a ‘Letter Before Proceedings’ and a ‘Pre proceedings Meeting’ will not meet the child’s identified short term needs because of the scale, nature and urgency of the safeguarding concerns a child should never be placed at risk due to following this process which can be stopped at any point. The process should be undertaken in a timely manner, reviewed and ceased if the child’s safety is in anyway compromised.

The local authority’s proposed care plan or agreement under the PLO should be based upon what further work needs to be done with the family with associated timescales for completion.

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 options for permanence being considered include adoption, Special Guardianship Order (SGO), or Residence Order (RO) then these should be a positive choice for children and the more irrevocable the order the clearer the evidence must be that nothing else will do.
  • Plans should be evidence based and provide a clear rationale and analysis for the care plan for the child.

Kiran Gupta is a Solicitor in the People Department at Essex Legal Services. She can be contacted on 01245 506622 orThis email address is being protected from spambots. You need JavaScript enabled to view it..