Rhondda Cynon Taf

Children’s Services

PUBLIC LAW OUTLINE

GUIDANCE

Author:

Author’s Title:

Date of Policy:

Author of Revision: Ann Batley

Reviser’s Title: Head of Service

Date of Revision: December 2011

Revision Number

INTRODUCTION:

The Public Law Outline (PLO) was implemented in April 2008, and replaces the Protocol for Judicial Case Management in Public Law Children Act Cases.

The PLO Pre Proceedings puts a lot of emphasis on streamlining the Care Proceedings process. It also anticipates that Local Authorities will have undertaken appropriate assessments prior to issuing proceedings and that the child/young person and parents are fully aware early on of what the issues are, what needs to change and that proceedings are being considered.

Within Rhondda Cynon Taff this process focuses on:

  • Ensuring an effective process is in place to safeguard and support children
  • Providing effective assessments to identify risk
  • Supporting the child to remain safely within the family
  • Preventing drift when a child enters the court and looked after systems
  • Working collaboratively with families, and partner agencies
  • Ensuring clear lines of decision-making

This guidance therefore has been produced to ensure that the PLO Pre Proceedings Process within Rhondda Cynon Taff will be implemented consistently across the Authority.

LEGAL CONTEXT:

The Children Act 1989, Guidance and Regulations, Volume 1, Court Orders

PRE PROCEEDINGS PROCESS:

The decision to initiate the PLO Pre Proceedings process must be based on an up to date Core Assessment. It is also be expected that if consideration was being given to start the PLO Pre Proceedings process that the risk to the child/young person was such that a Section 47 investigation had been undertaken and a Child Protection Case Conference held.

It is imperative that the child/young person (if appropriate) parents/carers and other agencies/professionals involved with the child/young person or their family are aware that this action is being considered.

The PLO Pre Proceedings process consists of a:

  • Legal Meeting
  • Family Meeting/Meetings
  • Gateway Meeting

In exceptional circumstances the PLO Pre Proceedings process may not be followed because urgent action might need to be taken to safeguard the child/young person. A Service Managers must however make the decision to dispense with the PLO Pre Proceedings process. However the appropriate part of the PLO process must still be instigated as soon as possible.

Legal Meeting: When a decision has been made by a Team Manager that the risk to a child/young person is such that Care Proceedings should be considered they must inform a Service Manager and arrange a Legal Meeting to establish thresholds.

This initial Legal Meeting must be chaired by a Service Manager and must have a Local Authority legal representative in attendance. The Team Manager and Social worker will ensure that a core assessment and any other appropriate paperwork is available for the meeting. This meeting will identify:

  • The issues.
  • The risks to the child,
  • How the risks are managed and whether the management of the risks canbe maintained for the necessary period.
  • If it is it necessary for care proceedings be started immediately
  • What the “Letter of Concern” to parents will say (see Appendix One)
  • Who will organise and attend the Family Meeting.
  • Who will notify/advise partner agencies?

Family Meeting/Meetings: After the initial Legal Meeting the Team Manager will organise a meeting with the parents/carers, their legal representative and any other person with parental responsibility to discuss the issues identified and the changes needed to reduce the impact of these issues on the child/children.

A plan will be drawn up signed by all parties involved, which will

  • Provide clear indication with timescales of what needs to be achieved to avoid court proceedings.
  • Identify what supports will be provided by the social worker and other agencies (if they have been involved in the production of the plan)
  • Provide a contingency plan if there are any breach to agreements made
  • Decide whether any further family meetings are necessary and if so dates should be set in advance.
  • Decide what services are available to help the family?
  • Decide how contact with parents (if appropriate) will be facilitated
  • Identify family members who may be able to care for the child if they cannot remain with the parents.

This meeting will also establish whether the arrangements made for the child/children to ensure their safety can be maintained for the necessary period of time.

Gateway Meeting: It is the responsibility of a Service Manager to decide if Care Proceedings are instigated (see Scheme of Delegation). However before care proceedings are instigated there mustbe a Gateway Meeting that is chaired by a Service Manager and consists of the social worker, Team Manager and Local Authority Legal Representative.

If it is necessary to instigate care proceedings in an emergency a Service Manager still has to agree and a Gateway Meeting (other than an Emergency Protection Order) must be held if timescales permit.

This meeting will also ensure that all appropriate paperwork required to instigate Care proceedings is completed to the required standard.

REVIEW PROCESS:

Every Family Meeting must set timescales to formally review the PLO Process. A review must be held at a maximum of every 6 months and must consist of the family, Social Worker, Team Manager and Service Manager. A record must be kept of the review meeting stating why the PLO process will continue or end.

If at any time prior to the 6 month review the risks identified have been reduced and the family are complying with the plan, and a Gateway Meeting is not to be held, a review meeting must be held to formally end the PLO Process. The meeting must consist of the Social Worker, Team Manager and Service Manager. A record needs to be made of the review meeting stating why the PLO process will end and the family formally informed in writing as to why this course of action is to be taken.

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Appendix One

LETTER BEFORE PROCEEDINGS – TEMPLATE LETTER

PLEASE DO NOT IGNORE THIS LETTER

TAKE IT TO A SOLICITOR NOW

Office

Address

Contact

Direct Line

My ref

Fax

E-mail

Date

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

HOW TO AVOID GOING TO COURT

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 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 child/ren 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 the 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). It would be preferable if you contacted a solicitor who is a member of the Children’s Law Panel. 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:

WHAT WILL HAPPEN IF YOU DO NOTHING

If you do nothing we will have to go to Court. If you do not answer this letter or come to the meeting, we will go to Court as soon as we can to make sure [name(s) of child(ren)] are safe.

YOUR WIDER FAMILY

Our concerns about [name(s) of child(ren] are very serious. If we do have to go to Court and the Court decides you cannot care for your children, we will first try and place them with one of your relatives, if it is best for your child to do this. At the meeting we will want to talk to you and your solicitor about who might look after your child if the Court decides that it is no longer safe for you to do so.

We look forward to seeing you at the meeting with your solicitor on [date]. If you do not understand any part of this letter, please contact your social worker [name] on [tel. No.]. Please tell your social worker if you need any help with child care or transport arrangements in order to come to the meeting, and we will try to help.

The Local Authority reserves the right to raise any other issues during our work with the family.

Yours sincerely,

[Name]

Team Manager

Local Office/Service

CcSocial Worker [name}

Local Authority In-house Legal Team

Enc:Map of office

List of things we are worried about

PLEASE SHOW / TAKE THIS TO A SOLICITOR

HERE ARE THE MAIN THINGS WE ARE WORRIED ABOUT:

  1. [Outline concern and give examples of when this happened. This should capture chronic ongoing concerns as well as acute episodes/incidents]

Date(s) / Problem
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:

  1. Confirm that you will come to a meeting to talk about these concerns.

Please try to bring a solicitor with you.

  1. Continue to see and work with your social worker [insert name] and allow him/her to see [name(s) of child(ren)].
  1. At the meeting you will be asked to talk about how [name(s) of child(ren)] will be kept safe, with our help.

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