7.1.4 Public Law Outline Guidance for Practitioners |
SCOPE OF THIS CHAPTER
This guidance is for all practitioners working with Children and Families, so they are aware of the processes with regard to the PLO within care proceedings and that they adhere to this.
If there is any additional advisory guidance needed then practitioners need to liaise with their supervisory line management and/or Team Managers/Head of Service and the Merton Legal Department. To ensure that they are fully prepared for court and that they are aware of their role and responsibilities on behalf of the local authority within this remit.RELEVANT CHAPTER / LINKS
Practice Direction 12A: Care, Supervision and other Part 4 proceedings: Guide to Case Management
AMENDMENT
This chapter was renewed and updated in May 2017 to reflect the current organisational structure and decision-making.
Contents
- The Key Stages of the Court Process
- Flexible Powers of The Court
- Compliance with Pre-Proceedings Checklist
- Allocation
- The Timetable for the Child and the Timetable for Proceedings
- Extensions to the Timetable for Proceedings
- Interpretation
1. The Key Stages of the Court Process
1.1 | The Public Law Outline set out in the Table below contains an outline of -
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1.2 |
Glossary of Terms |
In the Public Law Outline:
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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:
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Public Law Outline
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:
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Checklist documents (already existing on the LA’s files) are –
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–
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STAGE 1 ISSUE AND ALLOCATION |
DAY 1 AND DAY 2 |
On Day 1 (Day of issue):
Within a day of issue (Day 2):
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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: 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. |
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STAGE 3 - ISSUES RESOLUTION HEARING | |
ADVOCATES’ MEETING (including any litigants in person (FPR12.21E(5)) |
IRH |
No later than 7 days before the IRH | As directed by the court, in accordance with the timetable for the proceedings |
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2. Flexible Powers of The Court
2.1 | Attention is drawn to the flexible powers of the court either following the issue of the application in that court, the transfer of the case to that court or at any other stage in the proceedings. |
2.2 | 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. |
2.3 | 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 achieving the aim of resolving the proceedings within 26 weeks or the period for the time being specified by the court. |
2.4 | 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. |
2.5 | 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. |
2.6 | 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 of the Public Law Outline. A FCMH should only be directed where necessary and must not be regarded as a routine step in proceedings. |
3. Compliance with Pre-Proceedings Checklist
3.1 | 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. |
3.2 | The court recognises that the 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. |
4. Allocation
4.1 | 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. |
5. The Timetable for the Child and the Timetable for Proceedings
5.1 | The timetable for the proceedings:
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5.2 | 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. |
5.3 | 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. |
5.4 | 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 the aim of resolving the proceedings within 26 weeks or the period for the time being specified by the court. |
5.5 | Examples of the dates the court will record and take into account when setting the Timetable for the Child are the dates of -
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5.6 | 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. |
5.7 | 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. |
5.8 | 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 aim 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 these proceedings, early disclosure and listing of hearings is necessary. |
6. Extensions to the Timetable for Proceedings
6.1 | The court is required to draw up a timetable for proceedings with a view to disposing of the application without delay and with the aim of doing so 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. |
6.2 | 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 intended to be resolved beyond 26 weeks to enable the court to resolve the proceedings justly. 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. 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. The Case Management Orders must contain a record of this information, as well as the impact of the court’s decision on the welfare of the child. |
6.3 | 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. |
6.4 | If the court agrees an extension is necessary, the intention is that 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, meaning that the maximum time limit for proceedings will be 34 weeks. 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. |
6.5 | 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 -
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6.6 | 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. |
7. Interpretation
7.1 | 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:
“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-
“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
“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 -
“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; “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). |
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