• contents
• keywords & contacts
• quick guide
• values
• contact us
• search

Contents

1. Legal Planning Meetings and the Legal Proceedings
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 and the Legal Proceedings Panel

Before a decision can be made to initiate Care Proceedings, a Legal Planning Meeting should be held and the following Protocol should be adhered to:

Protocol and Function of Legal Proceedings Panel

1. Where Ealing Children Social Care Services considers that the threshold may have been crossed; and
   1. That there may be a need for the Local Authority to share parental responsibility for a child or children; and / or
   2. Where a child has been accommodated under s20 and is unlikely to return home in the near future; or
   3. Where there are no family members able to assume permanent legal responsibility for the child; or
   4. Where there has been no improvement in family circumstances despite Children Social Care Services intervention it shall refer the matter for a Legal Planning meeting after discussion with the relevant  Operational manager.

2. The referral shall be completed by the allocated social worker and agreed with the Team manager. The referral shall be as in Part One;
3. The referral form shall be sent as a duty request to Legal SCE where it will be allocated to a lawyer. The lawyer will contact the social worker to arrange the Legal Planning meeting which will be attended by the social worker and their manager(s). The social worker should also invite any other professionals from the department who could contribute;
4. The Legal Planning Memo shall be completed (3 days) in Part Two by legal and sent to the lawyer's manager;
5. The legal department will upload Part's One and Two onto Fwi in the legal section and send an alert to the Team manager, the deputy and the social worker to read the memo;
6. Social Workers will refer all LPM's to the next Care Proceedings panel. The panel will meet monthly to review all of the matters which have been to Legal Planning meetings in the last month, the panel may direct that some matters return to the panel for review after the initial presentation;
7. Matters will be allocated 45 minutes, unless otherwise agreed with the chair in advance of the meeting;
8. The panel shall consider:
   1. The evidence;
   2. The plan;
   3. The timetable for the child;
   4. The resources required;
   5. Any investigations yet to be undertaken (such as family);
   6. The pre proceedings letter;
   7. The timing of any proceedings to be issued;
   8. Any assessments proposed or information missing;
   9. The purpose and likely outcome of any proceedings.
9. If a pre proceedings letter is issued by the Team manager it shall contain (see pro forma):
   1. The reasons for the Local Authority concern;
   2. The expectations of the Local Authority which would avoid the need for care proceedings; or
   3. The reason why proceedings are being issued;
   4. The offer of a gateway meeting;
   5. The timetable for the child.
10. If Care Proceedings are to be issued then the panel will give clear timescales for evidence preparation, enquiries about experts, the Care Plan, transfer of the case. The panel will likely set a review date to ensure the timescale is being complied with. If in the meantime proceedings have been issued and the case has been listed for Hearing then it can be removed from the agenda;
11. The Care Proceedings panel can authorise the issue of Care Proceedings
    
    If a matter is issued urgently and without a legal planning meeting the social worker will refer the first reporting back memo to the next care proceedings panel so that the panel can offer advice/a view on the plan and assessments for the case management conference;
12. The Care Proceedings Panel will complete Part Three of Annex A, whether the case has already been issued or not;
13. Membership of the Panel (may be subject to review/delegation):
    1. The chair shall be the Operational Manager for fostering and adoption;
    2. Operational Manager for LAC;
    3. Operational Managers for both area teams;
    4. Legal Services.
14. After the panel recommendations that Team manager shall write to the parent setting out the decisions of the Local Authority, if proceedings are intended this shall be made clear (pre proceedings letter) and in any other case the letter shall set out how the Local Authority intend to progress the case;
15. The panel will meet on the first Thursday of each month. Referrals need to be made by the Friday prior to the panel and the papers provided to panel members by Monday. Any Legal Planning meetings that take place between Monday and Thursday of the week of panel will be referred to the next panel.

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