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Contents

1. Legal Planning Meetings
2. After the Issue of Care Proceedings
3. Format of Care Plans filed in Care Proceedings
4. Correspondence During Court Proceedings

1. Legal Planning Meetings

Before a decision can be made to initiate Care Proceedings, a Legal Planning Meeting should be held and the approval of the Designated Manager (Care Proceedings) obtained.

NB Any decision to commence Care Proceedings should have regard to the requirements of the Public Law Outline - see Public Law Outline and Statutory Guidance for Local Authorities - Frequently Asked Questions

The social worker's manager will usually chair the meeting; the child's social worker and a representative of Legal Services will attend. 

The issues to be considered at the meeting will include the following:

• The reasons for the concerns and the evidential basis for establishing Significant Harm and the Threshold Criteria.
• Why Care Proceedings are necessary - what is their aim, objective and purpose?
• The steps already taken to clarify the issues of concern - i.e. Initial Assessment and Core Assessment, as well as other medical and other expert involvement
• Whether the requirements of the Pre-Proceedings Checklist set out in the Public Law Outline have been met, including a written notification to the parents about the areas of concern and their right to seek legal advice
• When will the Initial Assessment or Core Assessment and other supporting documentation be available, if not already?
• The action/decisions already taken and where the decisions were made e.g. Strategy Discussion/Meeting, Child Protection Conference, Core Group meeting
• The proposed Care Plan for the child, including the proposed placement and any cultural, language and ethnic issues, the need for a Twin Track Plan, consultation with parents and the wider family, whether any family members are available to care for the child on an interim or permanent basis, if so whether the required checks have been made, the proposals for contact
• How the proposed Care Plan is to be achieved, including where appropriate arranging a date for the case to be presented to the Adoption Panel
• Whether it may be appropriate to instruct any further expert assessment before the commencement of court proceedings - if so, what are the proposed remit of the instructions and the areas to be addressed, who should the assessment be done by and what are the likely timescales?
• Have there been previous Court proceedings in relation to the family?  If so, what steps are required to obtain the papers in relation to the case from the Court? or another local authority?
• When will the social worker's Statement of Evidence be ready?

If Care Proceedings are recommended, the social worker or his/her manager will seek the authority of the Designated Manager (Care Proceedings).

If authorised, the child's social worker will advise the child and the relevant family members of the decision.

The social worker and a Legal Services representative will then prepare the documents that are required to be produced for Court.

The issues set out in the Public Law Outline checklist need to be addressed before the first Court hearing and dates by which any outstanding assessments can be completed must be ascertained.

2. After the Issue of Care Proceedings

It is essential that the social worker and the local authority solicitor have regular contact during the course of the proceedings, and that the progress of the case is kept under constant review.

This will include discussion of any disclosure issues, which may need to be the subject of directions by the Court. 

The Public Law Outline checklist will become a running document and completion of the Checklist will require regular liaison between the social worker, local authority solicitor and barrister (if instructed) during the course of the proceedings.

In addition the social worker must keep the local authority solicitor and Children's Guardian up to date with any changes in relation to the child during the proceedings, for example, placement, contact, school/education, health.

Arrangements must not be made for any change to the child's placement without prior consultation with the Children's Guardian.

3. Format of Care Plans Filed in Care Proceedings

The format of the Interim Care Plan and Final Care Plan, which must be exhibited to the social worker's Statement in Care Proceedings, should follow the headings set out in the Model Care Plan.

• Overall aim
• Child's needs including contact
• Views of others
• Placement details and timetable
• Management and support by local authority.

There must be a separate Care Plan for each child.

Where adoption is part of the Care Plan either as the preferred or contingency plan, legal advice should be sought as to the need for and timing of a Placement Order application.

The social worker and his/her manager must sign the Interim Care Plan. In addition the Designated Manager (Care Plans) must sign the Final Care Plan.

4. Correspondence During Court Proceedings

All correspondence received from solicitors for other parties during court proceedings must be passed to the Legal Services to deal with.

Where the Legal Services receive correspondence during court proceedings and require the social worker's instructions for the reply, the letter will be faxed to the social worker immediately upon its receipt and the social worker must give clear instructions to the solicitors as to the reply as soon as practicable.

In relation to any other contentious correspondence, including letters received from an expert received during court proceedings, the social worker must send the letter to Legal Services as soon as possible, together with detailed instructions for the reply.

End