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

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: –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 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 ’ 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 pre- proceedings legal advice –front-loaded preparation: emphasis on pre- proceedings 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 Pre- proceedings Checklist

Pre- Proceedings Activity 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 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

26 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 Case management / planning Analysis Child-centred intervention Child’s immediate & lifelong welfare Appraise LA work in the case Focus on key issues Regular information to the court 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

Court Proceedings Stage 1 Issue and 1 st 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 1 st appointment Solicitor appointed for child Date set for 1 st 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

1 st 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 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 es_and_feelings.aspxhttp:// es_and_feelings.aspx Connect - organisaton:csf:L&D:a-z:workshops:public law outline

For Professionals 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 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