7.1.4 Public Law Outline Guidance for Practitioners

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

Glossary of Terms

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. “LA” 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.

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);
   • 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. The Allocation Rules;

3. The Justices' Clerks Rules;

4. President's Guidance issued from time to time on:

   1. Distribution of business of the family court;
   2. Judicial continuity and deployment;
   3. Prescribed templates and orders;
   4. 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).

5. International instruments;

6. The Council Regulation (EC) No 2201/2003 (Brussels 2 revised);

7. The 1996 Hague Convention;

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 LA relies;
• Threshold Statement;
• Care Plan;
• Allocation Proposal Form;
• Index of Checklist Documents.

Checklist documents (already existing on the LA’s files) are –

1. 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).
2. Decision-making records including –
   • Records of key discussions with the family;
   • Key LA 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 LA’s evidence.

On Day 1 (Day of issue):

• The LA files the Application Form and Annex Documents and sends copies to Cafcass/CAFCASS CYMRU;
• The LA 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 jurisdiction in a case with an international element;

• Court considers allocation, and if appropriate, transfers proceedings in accordance with the President’s Guidance on Allocation and Gatekeeping;
• LA 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 LA 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/ CAFCASS CYMRU.

CMH: Not before day 12 and not later than day 18    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 25.

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 because of lack of documentation. (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 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 proceedings:

1. The court will draw up a timetable for the proceedings with a view to disposing of the application -
   1. Without delay; and
   2. In any event with the aim of doing so within 26 weeks beginning with the day on which the application was issued.
2. The court, when drawing up or revising a timetable under paragraph (1), will in particular have regard to -
   1. The impact which the timetable or any revised timetable would have on the welfare of the child to whom the application relates; and
   2. The impact which the timetable or any revised timetable would have on the duration and conduct of the proceedings.

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; or
6. Any significant change in the child’s social or family circumstances.

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.

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;

“Allocation Proposal Form” is the proposal in the prescribed form referred to in any Guidance issued by the President from time to time on prescribed templates and orders;

“Care Plan” means a “section 31A plan” referred to in section 31A of the 1989 Act;

“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:

1. A threshold analysis;
2. 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;
3. A parenting capacity analysis;
4. 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; and
5. An early permanence analysis including an analysis of the proposed placements and contact framework;

“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-

1. Practice Direction 25A (Experts – Emergencies and Pre Proceedings Instructions);
2. Practice Direction 25B (The Duties of An Expert, The Expert’s Report and Arrangements For An Expert To Attend Court);
3. 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);
4. 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;

International Instruments

'‘the Council Regulation (EC) No 2201/2003 (Brussels 2 revised)’ means Council Regulation (EC) No 2201/2003" of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility;

"Justices' Clerks Rules" means any rules made under section 310 of the Matrimonial and Family Proceedings Act 1984 enabling functions of the family court or judge of that court to be carried out by a justices' clerk or assistant to a justices' clerk;

"The 1996 Hague Convention" means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children.

“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 plan 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

1. In no more than two pages, the parents’ response to the Threshold Statement; and
2. The parents’ placement proposals including the identity of all relatives and friends they propose be considered by the court;

“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;

“Social Work Chronology” means a schedule containing -

1. A succinct summary of the significant dates and events in the child’s life in chronological order- a running record up to the issue of the proceedings;
2. Information under the following headings -
   1. Serial number;
   2. Date;
   3. Event-detail;
   4. Witness or document reference (where applicable);

“Social Work Statement” means a statement prepared by the Local Authority limited to the following evidence -

“Standard Directions on Issue and Allocation” means directions given by the court on issue and upon allocation and/or transfer 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 LA of the facts which the LA 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;