Pre-proceedings under PLO. 1

Resources Pre-proceedings Letter List of Local Lawyers Parents Leaflet Parents Pack Agenda for Pre-proceedings Meetings. Statutory Guidance on Pre-proceedings Immediate Issue Letter 2

Pre-proceedings - Setting the Scene All materials on G-Drive. Does Your Assessment address care planning? Care Planning Early: Why? At any point a case - Can Trigger into Care Proceedings. Key to timely Care Proceedings - Frontload “Everything”. Early Care Planning – Consider All facts around Adoption & Fostering, SGO, RTF etc: ***Have Permanency Planning Meetings/Care Planning Meeting*** Early. Consider All facts, time scales & welfare throughout child’s life. 3

At what point in the SWs involvement should the SWs start thinking Re B & B-S? 4

Re A (Child) [16 April 2015] Case No: DO13C00782  “...Necessary to think early and clearly about what assessments are indeed necessary to decide the case. In many cases, the local authority should be able to make its own...assessment and the child’s guardian to make an independent assessment in the interests of the child. Further or other assessments should only be commissioned if they can bring something important to the case which neither the local authority nor the guardian is able to bring.”  “...It is not a question of the mother’s right to have a further assessment, it is: would the assessment assist the judge in reaching a conclusion or the right conclusion in relation to the child in question”  “...that in no case can an extension beyond 26 weeks be authorised unless it is “necessary” to enable the court to resolve the proceedings “justly”. Only the imperative demands of justice – fair process – or of the child’s welfare will suffice” 5

Re A (Child) [16 April 2015] Case No: DO13C00782  S14 C & F Act 2014: (a) requires the court to draw up a timetable with a view to disposing of the application – (i) without delay, and (ii) in any event within twenty-six weeks beginning with the day on which the application was issued...  “remember, 26 weeks is a deadline, not a target; it is a maximum, not an average or a mean. So many cases will need to be finished in less than 26 weeks.” 6

Care Planning and Re B & B-S & Balancing Options Cont... = Child’s timescales? Start assessment...CIN Plan...CP Plan LPM...Pre-Proceedings or Issue...Assessments of parents...FGC...Assessments of family...Assessment of Family International...Assessment of friends...LT Fostering or Adoption... Finish....Adoption?.... How do you conclude realistic analysis and options with this approach? Are decisions being made within the Child’s timescales? 7

Care Planning and Re B & B-S & Balancing Options Cont... = Child’s time scales? Start assessment...CIN Plan CP Plan LPM...Pre-Proceedings or Issue...Assessments of parents...FGC...Assessments of family...Assessment of Family International...Assessment of friends...LT Fostering or Adoption... Finish.....Adoption?.... How do you conclude realistic analysis and options with this approach? Are decisions being made within the Child’s timescales? 8

Care Planning and Re B & B-S & Balancing Options Cont...  The linear model – evaluating and then eliminating each individual option in turn before selection the option at the end of the line.  Tunnel Vision - without evaluation of its own internal merits or de-merits, simply on the basis that it is the only remaining outcome. 9

Care Planning and Re B & B-S & Balancing Options Cont...  Turning it on its head – If you look at long-term foster care or adoption first, and were then to rule that out on the basis that there are risks and negatives attaching to it, the linear approach would soon arrive at ‘rehabilitation to the parent’ as the only remaining option and select that without any consideration of whether that is in fact the best outcome for the child. 10

Care Planning and Re B & B-S & Balancing Options Cont... = Child’s time scales. Start...Assessment...CIN Plan [SMART]...CP Plan [SMART]......CP Plan more than 3 months by the 2 nd CPC have a CPM & FGC......If S20 Initial PPM in 30 Days...no drift [See Re A Feb 2015] “there must be proper evidence... from the LA. The evidence must address all the options which are realistically possible and must contain an analysis of the arguments for and against each option” Finish/Conclude = Realistic Options & Analysis Assessments of parents or others FGC Family Friends International RTF - Rehab SGO LTF or Adoption Assessments & Pre-Proceedings = Consider All Options 11

Care Planning & Avoid Delay and Drift... Start/Referral CIN concerns LA Child Protection concerns increase to the point where s31 threshold appears to be met. Child Protection Conference Child Protection Plan Assessment completed – discussed in core group CP concerns CIN Plan/Services Review of CIN Plan Strategy Discussion s.47 enquires / mulit-disciplinary assessment Review CP Plan – Conference Social Worker:  Lead a multi-disciplinary assessment.  Commission any specialist assessment needed.  Have [SMART/Contingency Plans] in Place.  Convene [Family Meeting/FGC] as relevant.  Carry out [Care Planning Meeting] for the child, including consideration of placement/permanence options e.g. reunification, kinship placement, adoption.  Consider [Pre-Proceedings] under PLO  If S20 PPM within 30 Days...no drift [See Re A Feb 2015] 12

Connected Person’s Assessment By Week 2 12/18 days Week 26 Week 2- 4 Case Management Hearing (CMH) Further Case Management Hearing (FCMH) Fact Finding Final Hearing IRH File all Assessment Reports Guardian’s Final Case Analysis Parent’s Response Final Evidence & Care Plan 1-2 Weeks Week 12 Week Week Week Intervention Reg 24/ SGO Assessment Week 10 Assessment 3-6 Weeks By Week 20 Agency Decision Maker Agency Decision Maker Letter of Instruction Pre-Proceedings Assessments PLO Application CG’s Case Analysis Assessment There is provision for 8 week extensions if the delay is considered purposeful and necessary for the child, for instance if their parents are progressing well in their treatment. FGC Allocation Proposal Allocated by the Court CG Case Analysis LA Case Summary 26 Week Timeline 13 Connected Person’s Assessments Application & Annex Document FGC 13

Pre-proceedings Process Is a formal process of notification and discussion which local authorities are expected to use before bringing child protection cases to court. The process starts with a decision by the local authority, with legal advice, that a child’s circumstances are such as to justify court proceedings. Parents are notified of this decision and details of the local authority’s concerns in a ‘letter before proceedings.’ The letter qualifies the parents for free legal advice so that they can be accompanied by a lawyer at a ‘pre-proceedings meeting.’ Discussions at these meetings are intended to result in a plan so care proceedings can be avoided or any area of dispute narrowed – common goal. 14

Pre-proceedings Process The New Phase is marked by sending the ‘pre-proceedings letter’ to the parents, notifying them of the concerns, advising them to seek legal advice and inviting them to ‘a pre-proceedings meeting’. The ‘letter before proceedings’ is a ’window of opportunity’ to avoid care proceedings. The letter has 3 main headings: 1 – LA Concerns. 2 – LA involvement to date 3- Requirements for change. The process must involve all fathers. 15

Pre-proceedings Process The ‘letter before proceedings’... ‘We are so worried about your child/ren’ Timely Pre-proceedings is 3 months, can be extended with a clear purpose. LA needs to be accountable if is claiming that ‘we are so worried...’ Opportunities to act within the child’s timeframe are often lost. 16

Pre-proceedings The letter before proceedings is sent within 48 hours from the LPM meeting. Meeting takes place within 10 from date the letter. Timeframes - What must be done between the letter & date of first meeting taking place? 17

Pre-proceedings Working Together Agreement With timescales & agreed actions. Parents to sign. List of Expert CVs (Negotiated before the meeting) Authorisations for (financial) for what you are seeking). Letter of Instructions (LOIs) 18

Pre-proceedings Meeting Agenda Introductions - We have a shared interest...common goal...aim is to reach agreement. Purpose of the meeting (with reference to the information sent with pre-proceedings letter). Duty of LA: The LA has a duty to safeguard your child/ren Discussion about the PLO letter including concerns, strengths and the plan of support to improve outcomes for your child/ren. Discussion about what assessments are necessary, who will do the assessment, what timeframe and agree the LOI (timetable by when the LOI is to be sent to the experts). Obtain signed consents for disclosure of child’s and parents’ medical records from GP or any other service... 19

Pre-proceedings Meeting Agenda Discussion on parallel planning and interim/ permanence options. Identify friends/family members to be assessed. Discuss FGC and set timescales. Establish a Working Together Agreement Break to discuss matters with your legal representative Working Together Agreement/Agreement on Plan & Time Scales signed by both parents and LA. Date of Review Pre-Proceedings Meeting (By week 12) 20

Q & A Time. 21

Additional Resources    childs-timeframe-an-overview-of-current-research-evidence-for-family- justice-professionals-concerning-child-development-and childs-timeframe-an-overview-of-current-research-evidence-for-family- justice-professionals-concerning-child-development-and  care-parents-ability-to-change care-parents-ability-to-change   