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PUBLIC LAW OUTLINE PRACTICE GUIDANCE

December 2015

Preface

The Public Law Outline sets out streamlined case management procedures for

dealing with public law children’s cases. The aim is to identify and focus on the key

issues for the child, with the aim of making the best decisions for the child within the

timescale set by the Court and avoiding the need for unnecessary evidence of

hearings.

As well as the Court-set timetable, the case management tools also involve the case

management documentation to be filed by the Local authority and other parties

(including case summaries and a schedule of proposed findings); advocates

discussions meetings a Case Management Hearing and an Issues Resolution hearing

before the Final Hearing.

The aim is to complete cases within 26 weeks.

The revised version of the statutory guidance on Court Order and Pre-Proceedings

was published on 16 April 2014. The guidance explains guidance to legislation in

light of the new Children and Families Act, and includes new chapters on Pre-

Proceedings and Adoption. It can be accessed by clicking the link below:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/2

81452/Statutory_Guidance_on_Court_orders_and_pre-proceedings_18.2.pdf

Practitioners should also refer to Doncaster Children’s Services Trust Good Practice

Essentials for further information about effective practice under the Public Law

Outline.

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DSCT on behalf of DMBC Pre-Proceedings Process in the PLO

Team Manager and Social Worker make the decision

that the child is at risk of harm, either in supervision

or via informal case discussion.

Decision to be recorded on the

child’s file within 24 hours.

Informal advice may be sought from legal at

this stage. NB This is not a decision making

forum.

HOS agreement to be sought to present case

to Legal Gateway Panel.

Agree referral to Legal Gateway Panel

Referral form completed and evidence gathered

Referral form to be approved by

the Head of Service

Case presented to LGP To consider:

Significant events

The CP Plan and its effectiveness

The assessment completed to date

Support/resources offered

Continuing risks and concerns

The extent of parental cooperation

The expected outcome for the child

Decisions to include:

Has threshold been met?

If yes, are there any alternatives to care

proceedings?

If yes, agree a date for the pre-proceedings

(PLO) meeting.

Agree local planning review within ?

months.

Any other actions – FGC etc.

Letter Before Proceedings and Initial PLO meeting

Review PLO meeting

Plan Working

De-escalate to CP or CIN

Issue Proceedings

Plan Not Working

Review case at Legal Gateway Panel

Further period of pre-

proceedings work?

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Introduction

The Public Law Outline: Guide to Case Management in Public Law Proceedings came into force with effect from 6th April 2010. This followed on from previous statutory guidance for local authorities effective from 2008, which resulted from the Review of the Child Care Proceedings System in England and Wales. A Pilot Scheme of a revised Public Law Outline was phased in between 1st July 2013 and 7th October 2013, and ran until 21st April 2014. A revised Public Law Outline was then introduced on 22 April 2014. The Public Law Outline sets out streamlined case management procedures for dealing with public Law children's cases. The aim is to avoid care proceedings if possible and for those cases where proceedings are necessary, identify and focus on the key issues for the child, with the aim of making the best decisions for the child within the timetable set by the Court, and avoiding the need for unnecessary evidence or hearings. As well as the Court-set timetable, the case management tools also involve the case management documentation to be filed by the local Authority and other parties, (including case summaries and a schedule of proposed findings), advocates' discussions/meetings, a Case Management Hearing and an issues resolution hearing before the final hearing. Under the revised section 32(1)(a) of the Children Act 1989 (introduced by section 14 of the Children and Families Act 2014), care and supervision proceedings must be completed ‘without delay, and, in any event, within twenty-six weeks beginning with the day on which the application was issued’ unless the case is exceptional. This places an increased emphasis on pre-proceedings work and the quality of assessments. Sir James Munby, President of the Family Division, has set out his interpretation of the revised Public Law Outline in ‘The Process of Reform: the revised PLO and the Local Authority’. 1.2 Flexible Powers of the Court Although the Public Law Outline sets out a prescribed set of stages, it also provides for flexibility at any stage of the proceedings. Steps, which the Court will ordinarily take at the various stages of the proceedings, may be taken at another stage if the circumstances of the case so merit. The flexible powers of the Court include the ability for the Court to cancel or repeat a particular hearing, to give directions without a hearing including setting a date for the Final Hearing (or a period within which the final hearing will take place), or to take oral evidence at the Case Management Hearing, Further Case Management Hearing or Issues Resolution Hearing. Where it is anticipated that oral evidence may be required at the Case Management Hearing (‘CMH’), Further Case Management Hearing (‘FCMH’) or Issues Resolution Hearing (‘IRH’), the Court must be notified well in advance and directions sought for the conduct of the hearing.

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Where a party has requested an urgent hearing:

To enable the Court to give immediate directions or orders to facilitate any case management issue which is to be considered at the CMH; or

To decide whether an ICO is necessary

The Court may list such a hearing at any appropriate time before the CMH and give directions for that hearing. It is anticipated that an urgent preliminary case management hearing will only be necessary to consider issues such as jurisdiction, parentage, party status, capacity to litigate, disclosure and whether there is, or should be, a request to a Central Authority or other competent authority in a foreign state or consular authority in England and Wales in an international case. It is not intended that any urgent hearing will delay the CMH. It is expected that full case management will take place at the CMH. It follows that the parties must be prepared to deal with all relevant case management issues, as identified in Stage 2 - Case Management Hearing. A FCMH should only be directed where necessary and must not be regarded as a routine step in proceedings. The PLO and Family Group Conference Guidance Unless doing so would not be in the child’s interests, the LA must consider using a Family Group Conference (FGC) before entering the pre-proceedings phased of the PLO and at any subsequent stage up to applying for a Public Law Order if appropriate. If an FGC is not used, the LA will need to demonstrate to the Court why this decision was made if an application for an order is made. Please refer to the Family Group Conference Guidance: http://doncasterchildcare.proceduresonline.com/chapters/p_fgc_pro.html To which cases does the PLO Pre-Proceedings Guidance apply? Various types of safeguarding cases might come under the pre-proceedings guidance. These are listed next and this guidance should be considered in these cases and used as appropriate. 1. A S47 enquiry shows that a child is suffering, or is at risk of suffering, significant harm, and that

voluntary intervention or the initial case conference process might not be sufficient to manage that risk.

2. Where a child is subject to a Child Protection Plan but where parental cooperation is not in evidence or where risk has not reduced or has increased

3. A child has been taken into police protection under S46 Children Act 1989 and then has returned home but there are on-going safeguarding concerns.

4. A child is accommodated under S20 Children Act 1989 pending assessments of the feasibility of a return home.

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5. A child is voluntarily accommodated under S20 with a view to permanent fostering or adoption, and either safeguarding concerns would arise if the child was returned to its parents, or there are concerns about parental consent or capacity to agree to the permanence plan.

6. A Pre-Birth Assessment is planned/on-going, and the child might be placed away from parents at birth, permanently or otherwise.

7. The child is the subject of private Law proceedings and the Court has ordered, or might order, reports under S7 or S37 of the Children Act 1989 and the conclusion of the report might be that the DCST recommends care proceedings.

The importance of pre-proceedings work under the PLO Work done in the period pre-proceedings is vital for two reasons;

It may divert a case along a route which avoids the need for proceedings.

When that is not possible and proceedings have to be commenced, the preparatory work will facilitate the smooth running of the case.

Pre-proceedings work starts at the point that Doncaster Children's Services Trust is considering initiating proceedings but where the risk of harm is manageable without a Court order. In such cases Doncaster Children's Services Trust will attempt to undertake further work with the family using a written agreement to manage or reduce the risk of significant harm to the child at that stage. The relevant pre-proceedings stages are outlined below: Stage 1 - the supervision case discussion When, during case supervision, a Social Worker and Team Manager consider that pre-proceedings work under the Public La Outline might be needed to safeguard a child, they should advise the Head of Service in writing within one working day. NB: it would be expected at this stage that FGC had been considered and any initial kinship viability assessments completed. Stage 2 - referral to Legal Gateway Panel See also Terms of Reference for the Legal Gateway Panel. The Team Manager will seek the approval of their Head of Service to present the case to the Legal Gateway Panel.

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In non-urgent situations, the Legal Gateway Panel takes on the function of the Legal Gateway Meeting described in the Statutory Guidance and is the mechanism by which DCST will make the following decisions:

To accommodate a child under S20 Children Act 1989

To enter the pre-proceedings phase of the PLO

To make an application to the Court under the Children Act 1989 In some emergency situations, where a request to the Legal Gateway Panel would cause an unacceptable delay in safeguarding a child, it is possible for these decisions to be made outside the panel with the approval of a Head of Service. However this facility should only be used in genuine emergency situations. In such situations the case will need to be referred to the next Legal Gateway Panel for discussion in retrospect. See The Legal Gateway Panel meets on a weekly basis and consists of the following officers:

Two Heads of Children’s Social Care Services (acting as Chair on a rotational basis)

Principal Legal Officer – DCST

Family Group Conference Coordinator

Management representative of the Safeguarding and Standards Unit

Where a Team Manager identifies that a case needs to be presented to the Legal Gateway Panel they will consult with their Head of Service. Where the Head of Service agrees with the rationale presented by the team manager, the Social Worker will complete the LGP documentation and will need to submit this to the LGP Administrator no later than Friday 12.00 pm. This will allow sufficient time for papers to be distributed for reading by panel members. Where documents are received after this deadline, the case will only be heard at the discretion of the LGP Chair. See also Legal Gateway Panel Referral Form

The panel will meet every Thursday afternoon and each case will be allocated a time slot. The Social Worker presenting the case should be accompanied by either a Team Manager or an Advanced Practitioner. Where the case is being presented by an Advanced Practitioner their Team Manager is not required to attend but may wish to attend dependant on the complexity of the case. The LGP is empowered on behalf of Doncaster Children's Services Trust to make the following decisions: 1. Whether the legal threshold criteria for initiating care proceedings is met

2. If the legal threshold is not met, should any alternative action be taken by Doncaster Children's Services Trust

3. If the legal threshold is met whether the proposed outcome can be achieved without a Court order

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4. If the legal threshold is met and the outcome cannot be met without application for a Court order:

a. What application should be made b. What additional work is necessary prior to application c. The timescale for application

There are a number of possible outcomes of discussion at LGP including:

Option 1: The threshold for care proceedings is not met. Other work or assessments will be needed.

Option 2: The threshold criteria are met and an ‘in principle decision’ is made to apply for care proceedings subject to the outcome of pre-proceedings work with the family aimed at achieving the desired outcomes without the need for a Court order. This will require a PLO Meeting with the family. Identification and evaluation of possible family carers should be considered and FGC should be arranged unless this has already been considered.

Option 3: The threshold is met and the level of risk to the child warrants an immediate application to the Court without pre-proceedings work being undertaken.

Stage 3 – Letter before proceedings Where the LGP decides that pre-proceedings work should be undertaken with the family under the PLO a Letter before Proceedings (LBP) is required. The purpose of the LBP is to set out Doncaster Children's Services Trust’s concerns and proposed actions as well as the actions that are required of the parents. The LBP should also invite parents to a PLO Meeting (sometimes referred to as a pre-proceedings meeting) to discuss these proposals. The LBP should be drafted by the Social Worker and approved by the Legal Representative before circulation by Legal Services to the carers. All LBPs should include a list of solicitors that families can approach for legal advice. All LBPs should be sent to families at least three days in advance of the PLO Meeting. Letters should be sent out by Legal Services via Royal Mail or delivered by hand by the allocated Social Worker. A discussion with families by the allocated Social Worker in person should be considered where urgency or other case factors make this appropriate for example illiterate/learning disabled carers. Translated letters or other media should be provided if necessary. If there are known or potential capacity issues for parents, the means of communicating with them should take this into account.

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The LBP enables the parents' Legal Representative to obtain limited public funding to advise their client, attend meetings, and enter into formal negotiations with Doncaster Children's Services Trust. See also the sample Letter before Proceedings NB if the decision of LGP is that an immediate application to the Court is needed, a Letter before Proceedings is not appropriate and should not be issued. Stage 4 - PLO Meeting

The PLO meeting should be held after the issuing of a Letter before Proceedings no later than 10 working days after the LGP Meeting. This meeting will be chaired by the Team manager. The meeting will include partner agencies that have been working with the family or who have a role to play in achieving the desired outcomes for the child.

Doncaster Children's Services Trust will make reasonable efforts to ensure that the timing and venue of the PLO Meeting allow sufficient time for the family to engage legal representation. Financial support for travel and child care should be considered as appropriate.

The Team Manager has responsibility for ensuring that the plan that is developed in the meeting is shared and understand by parents/carers. The Team Manager will need to be satisfied that the actions from the meeting are clearly understood and set within appropriate timescales.

The purpose of the PLO meeting is to reiterate the issues outlined in the LBP, to seek the parents’ response, and to seek agreement on a PLO Plan to safeguard the children in order to avoid care proceedings. However if no safe alternative can be identified within the meeting (for example a clear refusal by parents to cooperate with a PLO Plan) the Chair will have a case discussion with their respective Head of Service to consider the need to present the case to Legal Gateway Panel.

The meeting should consider proposals for safeguarding the child and in particular should explore safe alternatives to a Court order e.g. potential family carers and/or alternative services. The meeting should adjourn if necessary so that parents and their Legal Representative can have private discussions about the options.

The meeting should also look at issues of consent as appropriate to each case e.g. access to both child and adult medical records held by other agencies.

The Chair summarises the meeting and confirms the decisions made, including any agreed PLO Plan and its implications for existing plans. If an immediate application is not going to be made to the Court a PLO Review Meeting date should be set. This should usually be within 4-6 weeks from the date of the first PPM.

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The Chair should ensure key points and decisions are minuted and that the minutes are sent to Legal Services within one working day.

The Legal Representative should review the minutes and return them to the relevant Team Manager for approval no later than three working days after the PLO Meeting.

If the carers have been legally represented at the PLO Meeting Legal Services will send a copy of the minutes to the carers’ legal representative. If the parents were not legally represented Legal Services will send a copy of the minutes directly to the parents/carers.

Stage 6 – The PLO Review Meeting The PLO Plan should be reviewed at a formal PLO Review Meeting which should take place approximately 4 to 6 weeks after the initial meeting unless an earlier meeting is needed. The Team Manager will make this judgment based on the circumstances of the case. The purpose of the meeting is to review the progress of the PLO Plan and reassess the level of risk to the child. The possible outcomes of the PLO Review meeting are: Outcome 1 Care proceedings are not required. The PLO Plan has been implemented successfully and the threshold is no longer met. Outcome 2 An application for an Interim Care or Supervision Order is required to keep the child safe. In such cases the decision of the meeting will be to present the case to the Legal Gateway Panel for approval to issue an application to the Court. Outcome 3 Continuation of pre-proceedings work in a case where progress has been evident but the overall outcome has not yet been achieved. However where a period of pre-proceedings work is extended in this way, the Team Manager and Head of Service need to ensure that the plan is reviewed and that work remains purposeful in order to reduce the risk of drift or delay.

Stage 7 – Letter of Issue Where a decision is made by Legal Gateway Panel (or outside LGP in an emergency) to make an application to the Court a Letter of Issue will be sent to the family informing them that care proceedings are being issued and advising them to seek urgent legal advice. See also the template for a standardised Letter of Issue

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Stage 8 – Application Under the PLO, both the filing and service of documents is more focussed with a concentration on what is relevant, central and key, rather than what is peripheral or historical. Social work evidence is expected to be much shorted than previously, and they should be more focussed on analysis than on history or narrative, Even if there has been Local authority involvement with the family extending over many years, both the social work chronology and the summary of background circumstances as set out in the social work statement must be kept appropriately short, focussing on the key significant historical events and concerns and rigorously avoiding all unnecessary detail. Documents must be recent – restricted to the most recent, limited to those from the last two years. Documents need not be served or listed if they are older than the two years before the issue of the processing’s unless reliance is placed on them in the local Authority’s evidence. Emergency situations In some cases the level of concern may escalate rapidly in a short space of time. In such cases the processed described above may not be sufficiently rapid. In such cases the following guidelines apply. However deviation from the normal Doncaster Children's Services Trust procedure should only take place in cases where emergency action is justifiable due to the level and immediacy of risk to the child:

Where the TM and HOS agree that the level of concern warrants an emergency application to the Court for either an EPO or ICO a Legal Planning Meeting will be held. This will be attended by the Team manager, Social Worker and a representative of Doncaster Children's Services Trust Legal Services. The Legal Planning Meeting will be chaired by the Head of Service and will be minuted.

Where the level of concern is so immediate that even an urgent Legal Planning Meeting would place a child at further risk, the Team Manager will consult with Legal Services and this discussion will be recorded in Liquid Logic. If the outcome of this consultation is that the threshold to issue an application for an EPO is met, the Team Manager will seek approval from their HOS.

Where an application is made the case will be presented in retrospect to the Legal Gateway Panel the following week.

Documents to be filed with the Court The following documents must be attached to the application filed with the Court on Day 1

The social work statement which includes the following evidence; Section 1 Case detail Section 2 The Social work chronology Section 3 Analysis of how

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Section 4 Child impact analysis on each individual child Section 5 Analysis of parenting capability Section 6 Analysis of wider family capabilities Section 7 The proposed care plan for each child Section 8 Views and issues raised by other parties (where known) Section 9 Updating where there are minor changes Section 10 Statement of procedural fairness Section 11 Signature

Doncaster Children's Services Trust materials must be succinct, analytical and evidence based. Assessment and analysis are crucial. They need to distinguish clearly between what is fact and what is professional evaluation, assessment, analysis and opinion, and between the general background and the specific matters relied on to establish threshold. See also the ADCS and Cafcass guidance on completing the national Social Work Evidence Template The Timetable for the Child and the Timetable for Proceedings The Timetable for the child is the timetable set by the Court which takes account dates that are important to the child’s welfare and development. The Timetable for the Proceedings is set having particular regard to the Timetable for the child, and the Timetable for the child needs to be reviewed regularly. Where adjustments are made to the Timetable for the child, the Proceedings will have to be reviewed consistently with the aim of resolving the Proceedings within 26 weeks. Example of dates the Court will take into account when setting the Timetable for the child are the dates of;

Any Looked After Reviews

Any significant educational steps, including the child taking up a place at a new school and, where applicable, any review of a statement of the child’s Special Educational Needs;

Any health care steps, including assessment by a paediatrician or other specialist;

Any review of Local Authority plans for the child, including any plans for permanence through adoption, special Guardianship or placement with parents or relatives;

Any change of proposed change of the of the child’s placement, or;

Any significant change in the child’s social or family circumstances The Timetable for the Proceedings

The Court will draw up a Timetable for the Proceedings with a view to disposing of the

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application without delay, and;

In any event with the aim of doing so within 26 weeks beginning the day on which that application was issued;

The Court will have regard to:

The impact which the timetable or any revised timetable would have on the welfare of the child, and;

The impact which the timetable or any revised timetable would have on the duration and conduct of the proceedings;

The Court will use the Timetable for the Child to assess the impact on the welfare of the child, and to draw up and revise the Timetable for Proceedings. Extensions to the Timetable for Proceedings

The Court may consider that it is necessary to extend the time by which the proceedings are intended to be resolved beyond 26 weeks. Extensions are not granted routinely and require specific justification.

When a Social Worker believes that a case may require an extension to the current Timetable for the child, they must notify their Team Manager in the first instance. The HOS must be made aware of the possibility of extension to the child’s timetable, legal services and case manager must be notified.

The reason for extending a case should be recorded in writing in the Case Management Order and orally stated in Court so that all parties are aware of the reasons for delay in the case an initial extension may be granted for up to eight weeks (or less if directed), meaning the maximum time limit for proceedings will be 34 weeks. A further extension of up to eight weeks may be agreed by the Court. There is no limit on the number of extensions that may be granted. However, we need to avoid proceedings becoming protracted and therefore where possible the 26 week timeframe should be adhered to.

Use of Experts

Under the Experts Practice Direction, if the question of whether an expert should be instructed is raised, the Court should first consider if this work can be completed by the children’s Social Worker or Children’s Guardian.

Under the PLO Social Workers should avoid unnecessary use of and reliance on experts, rather Social Workers are now viewed as experts within the Court and the reliance on psychologist, psychiatrist and independent Social Worker should be the exception rather than the norm and avoided to prevent drift and delay in the Childs Timetable.

The Rules and Practice Directions relating to expert evidence can be accessed at the Ministry of Justice website http://www.justice.gov.uk/Courts/procedure-

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rules/civil/rules/part35/pd_part35 Final evidence The final evidence template is available here. This should include: Section 1 Case details Section 2 The Social Work chronology Section 3 Analysis of harm Section 4 Child impact analysis on each individual child Section 5 Analysis of parenting capability Section 6 Analysis of wider family capability Section 7 The proposed care plan for each child Section 8 Views and issues raised by other parties (where known) Section 9 Updating where there are minor changes Section 10 Statement of procedural fairness Section 11 Signature Please note that the final position only needs to be evidenced where different from earlier statement in the case. See also Guidance produced by ADCS and CAFCASS with regard to completing the National Local Authority Social Work evidence templates, initial and final analysis.

A final evidence meeting should be convened 2 weeks prior to the filing of final evidence, this meeting should comprise of the Social Worker, team manager, legal advisor and case manager. This is mandatory to all cases and in line with the DCST improvement plan.

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CARE, SUPERVISION AND OTHER PART 4 PROCEEDINGS: GUIDE TO CASE

MANAGEMENT

1. THE KEY STAGES OF THE COURT PROCESS

1.1 The Public Law Outline set out in the Table below contains an outline of—

(1) the order of the different stages of the process;

(2) the matters to be considered at the main case management hearings;

(3) the latest timescales within which the main stages of the process should

take place in order to achieve the aim of resolving the proceedings

within 26 weeks.

1.2 In the Public Law Outline—

(1) “CMH” means the Case Management Hearing;

(2) “FCMH” means Further Case Management Hearing;

(3) “ICO” means interim care order;

(4) “IRH” means the Issues Resolution Hearing;

(5) “DCST” means the Local Authority which is applying for a care or

supervision order or a final order in other Part 4 Proceedings;

(6) “OS” means the Official Solicitor.

1.3 In applying the provisions of FPR Part 12 and the Public Law Outline the

Court and the parties must also have regard to-

(1) all other relevant rules and Practice Directions and in particular-

FPR Part 1 (Overriding Objective);

FPR Part 4 ( General Case Management Powers);

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FPR Part 15 (Representation of Protected Parties) and Practice

Direction 15B (Adults Who May Be Protected Parties and Children

Who May Become Protected Parties in Family Proceedings);

FPR Part 22 (Evidence);

FPR Part 25 (Experts) and the Experts Practice Directions;

FPR 27.6 and Practice Direction 27A (Court Bundles);

(2) President’s Guidance issued from time to time on

Allocation and Gatekeeping;

Judicial continuity and deployment;

Prescribed templates and orders;

(3) Justices’ Clerks Rules 2005 and FPR Practice Direction 2A (Functions of

the Court In The Family Procedure Rules 2010 And Practice Directions Which May Be

Performed By a Single Justice of the Peace).

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PRE-PROCEEDINGS PRE-PROCEEDINGS CHECKLIST

Annex Documents are the documents specified in

the Annex to the Application Form which are to be

attached to that form and filed with the Court:

Social Work Chronology

Social Work Statement and

genogram

The current assessments

relating to the child and/or the

family and friends of the child to

which the Social Work Statement

refers and on which the DCST relies

Threshold Statement

Care Plan

Allocation Proposal Form

Index of Checklist Documents

Checklist documents (already existing on the

DCST's files) are -

(a) Evidential documents including-

Previous Court orders and

judgments/reasons

Any assessment materials relevant to the

key issues including Section 7 and 37

reports

Single, joint or inter-agency materials

(e.g., health & education/Home Office and

Immigration Tribunal documents);

(b) Decision-making records including-

Records of key discussions with the family

Key DCST minutes and records for the

child

Pre-existing care plans (e.g., child in need

plan, looked after child plan and child

protection plan)

Letters Before Proceedings

Only Checklist documents in (a) are to be

served with the application form

Checklist Documents in (b) are to be

disclosed on request by any party

Checklist documents are not to be-

filed with the Court unless the Court directs

otherwise; and

older than 2 years before the date of issue

of the proceedings unless reliance is

placed on the same in the DCST's

evidence

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STAGE 1 ISSUE AND ALLOCATION DAY 1 AND DAY 2

On Day 1 (Day of issue):

• The DCST files the Application Form and Annex Documents and sends copies to

Cafcass/CAFCASS CYMRU

• The DCST notifies the Court of the need for a contested ICO hearing where this is

known or expected

• Court officer issues application

Within a day of issue (Day 2):

• Court considers allocation, and if appropriate, transfers proceedings in

accordance with the President's Guidance on Allocation and Gatekeeping

• DCST serves the Application Form, Annex Documents and evidential Checklist

Documents on the parties together with the notice of date and time of CMH

• Court gives standard directions on Issue and Allocation including:

Checking compliance with Pre-Proceedings Checklist including service of any

missing Annex Documents

Appointing Children's Guardian (to be allocated by Cafcass/CAFCASS

CYMRU)

Appointing solicitor for the child only if necessary

Appointing (if the person to be appointed consents) a litigation friend for any

protected party or any non subject child who is a party, including the OS where

appropriate

Filing and service of a DCST Case Summary

Filing and service of a Case Analysis by the Children's Guardian

Making arrangements for a contested ICO hearing (if necessary)

Filing and Serving the Parents' Response

Sending a request for disclosure to, e.g., the police

Filing and serving an application for permission relating to experts under Part

25 on a date prior to the advocates' meeting for the CMH

Directing the solicitor for the child to arrange an advocates' meeting 2 days

before the CMH

Listing the CMH

Court officer sends copy Notice of Hearing of the CMH by email to Cafcass

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STAGE 2 - CASE MANAGEMENT HEARING

ADVOCATES' MEETING

(including any litigants in person (FPR12.21E{5))

CASE MANAGEMENT HEARING

No later than 2 clear days before CMH (or FCMH

if it is necessary)

CMH : by Day 12

A FCMH is to be held only if necessary; it is to be

listed as soon as possible and in any event no

later than day 20 (week 4)

Consider information on the Application Form

and Annex documents, the DCST Case

Summary, and the Case Analysis

Identify the parties' positions to be recited in

the draft Case Management Order

If necessary, identify proposed experts and

draft questions in accordance with Part 25

and the Experts Practice Directions

Identify any disclosure that in the advocates'

views is necessary

Immediately notify the Court of the need for a

contested ICO hearing

DCST advocate to file a draft Case

Management Order in prescribed form with

Court by 11a.m. on the working day before

the CMH and/or FCMH

Court gives detailed case management

directions, including:

Confirming allocation and/or considering transfer

Drawing up the timetable for the child and the timetable for the proceedings and considering if an extension is necessary

Identifying additional parties and

representation (including confirming that

Cafcass/CAFCASS CYMRU have allocated a Children's Guardian)

Identifying the key issues

Identifying the evidence necessary to

enable the Court to resolve the key issues

Deciding whether there is a real issue about threshold to be resolved

Determining any application made under Part 25 and otherwise ensuring compliance with Part 25 where it is necessary for expert(s) to be instructed

Identifying any necessary 3rd party disclosure and if appropriate giving

Directions

Giving directions for any concurrent or proposed placement order proceedings

Ensuring compliance with the Court's directions

If a FCMH is necessary, directing an advocates' meeting and Case Analysis if required ;

Directing filing of any threshold

agreement, final evidence and Care Plan

and responses to those documents for the IRH

Directing a Case Analysis for the IRH

Directing an advocates' meeting for the IRH

Listing (any FCMH) IRH, Final Hearing (including early Final Hearing)

Giving directions for special measures and/or interpreters

Issuing the Case Management Order

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STAGE 3 - ISSUES RESOLUTION HEARING

ADVOCATES' MEETING

(including any litigants in person

(FPR12.21E(5))

Issues Resolution Hearing (IRH)

No later than 7 days before the IRH As directed by the Court, in accordance with the timetable for the proceedings

FLEXIBLE POWERS OF THE COURT Attention is drawn to the flexible powers of the Court either following the issue of the application or at any other stage in the proceedings. The Court may give directions without a hearing including setting a date for the Final Hearing or a period within which the Final Hearing will take place. The steps which the Court will ordinarily take at the various stages of the proceedings provided for in the Public Law Outline, may be taken by the Court at another stage in the proceedings if the circumstances of the case merit this approach. The flexible powers of the Court include the ability for the Court to cancel or repeat a particular hearing. For example, if the issue on which the case turns can with reasonable practicability be crystallised and resolved by taking evidence at an IRH then such a flexible approach must be taken in accordance with the overriding objective and to secure compliance with section 1(2) of the 1989 Act and resolving the proceedings within 26 weeks or the period for the time being specified by the Court. Where a party has requested an urgent hearing a) to enable the Court to give immediate directions or orders to facilitate any case management issue which is to be considered at the CMH or b to decide whether an ICO is necessary, the Court may list such a hearing at any appropriate time before the CMH and give directions for that hearing. It is anticipated that an urgent preliminary case management hearing will only be necessary to consider issues such as jurisdiction, parentage, party status, capacity to litigate, disclosure and whether there is, or should be, a request to a Central Authority or other competent authority in a foreign state or consular authority in England and Wales in an international case. It is not intended that any urgent hearing will delay the CMH. Where it is anticipated that oral evidence may be required at the CMH, FCMH or IRH, the Court must be notified in accordance with Stages 2 and 3 of the Public Law Outline well in advance and directions sought for the conduct of the hearing. COMPLIANCE WITH PRE-PROCEEDINGS CHECKLIST It is recognised that in a small minority of cases the circumstances are such that the safety and welfare of the child may be jeopardised if the start of proceedings is delayed until all of the documents appropriate to the case and referred to in the Pre proceedings Checklist are available. The safety and welfare of the child should never be put in jeopardy by delaying issuing proceedings whether because of lack of documentation or otherwise. (Nothing in this Practice Direction affects an application for an emergency protection order under section 44 of the 1989 Act). Also, where an application for an interim order is urgent, then the hearing of that application is NOT expected to be postponed until the Case Management Hearing. The Case Management Hearing is still to be held not before day 12 and not later than day 18 in accordance with the Public Law Outline and guidance in this Practice Direction. If an urgent preliminary Case Management Hearing or an urgent contested ICO hearing is held before the CMH, the Court should not dispense with the CMH unless all of the parties have been sufficiently prepared and the Court has been able to deal with all case management issues which would have come before it at the CMH. The Court recognises that preparation may need to be varied to suit the circumstances of the case. In cases where any of the Annex Documents required to be attached to the Application Form are not available at the time of issue of the application, the Court will consider making directions on issue

about when any missing documentation is to be filed. The expectation is that there must be a good reason why one or more of the documents are not available. Further directions relating to any missing documentation will also be made at the Case Management Hearing. ALLOCATION The Court considers the allocation of proceedings in accordance with the Allocation Rules and any Guidance issued by the President on distribution of business of the family Court. The justices’ clerk or assistant justices’ clerk (with responsibility for gatekeeping and allocation of proceedings) will discuss initial allocation with a district judge (with responsibility for allocation and gatekeeping of proceedings) as provided for in any Guidance issued by the President on distribution of business of the family Court. The expectation is that, wherever possible, any question relating to allocation of the proceedings will be considered at the CMH. THE TIMETABLE FOR THE CHILD AND THE TIMETABLE FOR PROCEEDINGS The timetable for the proceedings: (1) The Court will draw up a timetable for the proceedings with a view to disposing of the application: (a) without delay; and (b) in any event within 26 weeks beginning with the day on which the application was issued in accordance with section 32(1)(a)(ii) of the Children Act 1989. (2) The Court, when drawing up or revising a timetable under paragraph (1), will in particular have regard to: (a) the impact which the timetable or any revised timetable would have on the welfare of the child to whom the application relates; and (b) the impact which the timetable or any revised timetable would have on the duration and conduct of the proceedings. The impact which the timetable for the proceedings, any revision or extension of that timetable would have on the welfare of the child to whom the application relates are matters to which the Court is to have particular regard. The Court will use the Timetable for the Child to assess the impact of these matters on the welfare of the child and to draw up and revise the timetable for the proceedings. The “Timetable for the Child” is the timetable set by the Court which takes into account dates which are important to the child’s welfare and development. The timetable for the proceedings is set having particular regard to the Timetable for the Child and the Timetable for the Child needs to be reviewed regularly. Where adjustments are made to the Timetable for the Child, the timetable for the proceedings will have to be reviewed consistently with resolving the proceedings within 26 weeks or the period for the time being specified by the Court.

Examples of the dates the Court will record and take into account when setting the Timetable for the Child are the dates of: (1) any formal review by the Local Authority of the case of a looked after child (within the meaning of section 22(1) of the 1989 Act); (2) any significant educational steps, including the child taking up a place at a new school and, where applicable, any review by the Local Authority of a statement of the child’s special educational needs; (3) any health care steps, including assessment by a paediatrician or other specialist; (4) any review of Local Authority plans for the child, including any plans for permanence through adoption, Special Guardianship or placement with parents or relatives; (5) any change or proposed change of the child’s placement; (6) any significant change in the child’s social or family circumstances; or (7) any timetable for the determination of an issue in a case with an international element. To identify the Timetable for the Child, the applicant is required to provide the information needed about the significant steps in the child’s life in the Application Form and the Social Work Statement and to update this information regularly taking into account information received from others involved in the child’s life such as the parties, members of the child’s family, the person who is caring for the child, the children’s guardian, the Independent Reviewing Officer , the child’s key Social Worker and any Central Authority or competent authority in a foreign state or a consular authority in England and Wales in a case with an international element. Where more than one child is the subject of the proceedings, the Court should consider and will set a Timetable for the Child for each child. The children may not all have the same timetable, and the Court will consider the appropriate progress of the proceedings in relation to each child. Where there are parallel care proceedings and criminal proceedings against a person connected with the child for a serious offence against the child, linked directions hearings should where practicable take place as the case progresses. The timing of the proceedings in a linked care and criminal case should appear in the Timetable for the Child. The time limit of resolving the proceedings within 26 weeks applies unless a longer timetable has been set by the Court in order to resolve the proceedings justly in accordance with section 32(1)(a)(ii) and (5) of the 1989 Act. Early disclosure and listing of hearings is necessary. EXTENSIONS TO THE TIMETABLE FOR PROCEEDINGS The Court is required to draw up a timetable for proceedings with a view to disposing of the application without delay and in any event within 26 weeks. If proceedings can be resolved earlier, then they should be. A standard timetable and process is expected to be followed in respect of the giving of standard directions on issue and allocation and other matters which should be carried out by the Court on issue, including setting and giving directions for the Case Management Hearing.

Having regard to the circumstances of the particular case, the Court may consider that it is necessary to extend the time by which the proceedings are to be resolved beyond 26 weeks to enable the Court to resolve the proceedings justly (see section 32 (5) of the 1989 Act). When making this decision, the Court is to take account of the guidance that extensions are not to be granted routinely and are to be seen as requiring specific justification (see section 32(7) of the 1989 Act). The decision and reason(s) for extending a case should be recorded in writing (in the Case Management Order) and orally stated in Court, so that all parties are aware of the reasons for delay in the case (see FPR 12.26C). The Case Management Order must contain a record of this information, as well as the impact of the Court’s decision on the welfare of the child. The Court may extend the period within which proceedings are intended to be resolved on its own initiative or on application. Applications for an extension should, wherever possible, only be made so that they are considered at any hearing for which a date has been fixed or for which a date is about to be fixed. Where a date for a hearing has been fixed, a party who wishes to make an application at that hearing but does not have sufficient time to file an application notice should as soon as possible inform the Court (if possible in writing) and, if possible, the other parties of the nature of the application and the reason for it. The party should then make the application orally at the hearing. If the Court agrees an extension is necessary, an initial extension to the time limit may be granted for up to eight weeks (or less if directed) in order to resolve the case justly (see section 32(8) of the 1989 Act). If more time is necessary, in order to resolve the proceedings justly, a further extension of up to eight weeks may be agreed by the Court. There is no limit on the number of extensions that may be granted in a particular case. If the Court considers that the timetable for the proceedings will require an extension beyond the next eight week period in order to resolve the proceedings justly, the Case Management Order should: (1) state the reason(s) why it is necessary to have a further extension; (2) fix the date of the next effective hearing (which might be in a period shorter than a further eight weeks); and (3) indicate whether it is appropriate for the next application for an extension of the timetable to be considered on paper. The expectation is that, subject to paragraph 6.5, extensions should be considered at a hearing and that a Court will not approve proposals for the management of a case under FPR 12.15 where the consequence of those proposals is that the case is unlikely to be resolved within 26 weeks or other period for the time being allowed for resolution of the proceedings. In accordance with FPR 4.1(3)(e), the Court may hold a hearing and receive evidence by telephone or by using any other method of direct oral communication. When deciding whether to extend the timetable, the Court must have regard to the impact of any ensuing timetable revision on the welfare of the child ( see section 32(6) of the 1989 Act). INTERPRETATION In this Practice Direction:

“Allocation Rules” mean any rules relating to composition of the Court and distribution of business made under section 31D of the Matrimonial and Family Proceedings Act 1984; “Care Plan” is a separate document from the evidence that is filed by the local authority. It is a “section 31A plan” referred to in section 31A of the 1989 Act which complies with guidance as to content issued by the Secretary of State; “Case Analysis” means a written or, if there is insufficient time for a written, an oral outline of the case from the perspective of the child's best interests prepared by the children's guardian or Welsh family proceedings officer for the CMH or FCMH (where one is necessary) and IRH or as otherwise directed by the Court, incorporating an analysis of the key issues that need to be resolved in the case including: a. a threshold analysis; b. a case management analysis, including an analysis of the timetable for the proceedings, an

analysis of the Timetable for the Child and the evidence which any party proposes is necessary to resolve the issues;

c. a parenting capability analysis; d. a child impact analysis, including an analysis of the ascertainable wishes and feelings of the child

and the impact on the welfare of the child of any application to adjourn a hearing or extend the timetable for the proceedings;

e. an early permanence analysis including an analysis of the proposed placements and contact framework; by reference to a welfare and proportionality analysis.

f. whether and if so what communication it is proposed there should be during the proceedings with the child by the Court;

“Case Management Order” is the prescribed form of order referred to in any Guidance issued by the President from time to time on prescribed templates and orders; “Day” means “business day”. “Experts Practice Directions” mean: a) Practice Direction 25A (Experts – Emergencies and Pre Proceedings Instructions); b) Practice Direction 25B (The Duties of An Expert, The Expert’s Report and Arrangements For An

Expert To Attend Court); c) Practice Direction 25C (Children’s Proceedings – The Use Of Single Joint Experts and The Process

Leading to An Expert Being Instructed or Expert Evidence Being Put Before the Court); d) Practice Direction 25E (Discussions Between Experts in Family Proceedings); “Genogram” means a family tree, setting out in diagrammatic form the child’s family and extended family members and their relationship with the child; “Index of Checklist Documents” means a list of Checklist Documents referred to in the Public Law Outline Pre-Proceedings Checklist which is divided into two parts with Part A being the documents referred to in column 2, paragraph (a) of the Pre- Proceedings Checklist and Part B being those referred to in column 2, paragraph (b) of the Pre proceedings Checklist;

“Letter Before Proceedings” means any letter from the Local Authority containing written notification to the parents and others with parental responsibility for the child of the Local Authority’s likely intention to apply to Court for a care or supervision order and any related subsequent correspondence confirming the Local Authority’s position; “Local Authority Case Summary” means a document prepared by the Local Authority legal representative for each case management hearing in the form referred to in any Guidance issued by the President from time to time on prescribed templates and orders; “Parents’ Response” means a document from either or both of the parents containing: a) in no more than two pages, the parents’ response to the Threshold Statement, and b) the parents’ placement proposals including the identity and whereabouts of all relatives and

friends they propose be considered by the Court; c) Information which may be relevant to a person’s capacity to litigate including information about

any referrals to mental health services and adult services; “Section 7 report” means any report under section 7 of the 1989 Act; “Section 37 report” means any report by the Local Authority to the Court as a result of a direction under section 37 of the 1989 Act; “Standard Directions on Issue and Allocation” means directions given by the Court on issue and upon allocation in the prescribed form referred to in any Guidance issued by the President from time to time on prescribed templates and orders; “Threshold Statement” means a written outline by the legal representative of the DCST in the application form of the facts which the DCST will seek to establish by evidence or concession to satisfy the threshold criteria under s31(2) of the 1989 Act limited to no more than 2 pages; “Welfare Checklist “means the list of matters which is set out in section 1(3) of the 1989 Act and to which the Court is to have particular regard in accordance with section (1)(3) and (4).