For many people, the news that social services are becoming involved with their families provokes a host of troubling emotions. The overriding worry for most parents is the fear that their child may be taken into care – that is to say, removed from the family home and placed in foster care, adopted or sent to live with a kinship carer.
While a child is only ever removed from the home as a last resort to keep them safe and well, it’s a natural reaction to fret over the worst case scenario. If social services are considering making an application to the family court due to concerns about the welfare of your child, you may hear the phrase ‘Public Law Outline (PLO)’ used frequently.
What is the Public Law Outline and how does it guide child welfare proceedings?
The Public Law Outline is often known as PLO or, more commonly, by the term pre-proceedings. While the official term can seem scary if you’re a parent dealing with social services and are concerned about maintaining your family unit, it’s simply the name given to the steps and processes that the local authority should take.
It may help you to think of the PLO as a framework which maps out how social services should manage your child’s case. It is an important part of child welfare proceedings.
How has the Public Law Outline improved the handling of child welfare cases?
The Public Law Outline was relaunched on 16 January 2023. The relaunch was undertaken to reduce delays in handling cases. It seeks to bring more cases to a resolution within the current statutory limit of 26 weeks. While this can still feel like a very long time for families in the thick of it, the re-launch of the PLO framework does serve to make the process more efficient, reduces confusion and helps to drive down the number of cases taking significantly longer. This in turn can help to alleviate some of the stress and anxiety often felt during care proceedings.
What are the critical stages within the Public Law Outline that impact child welfare?
The PLO is initiated when other forms of intervention have failed to achieve the desired improvement. Typically, it will begin after a Child Protection Plan has been put in place, but where social services are unconvinced that the child’s welfare has improved.
There are four key stages to the Public Law Outline:
- Pre-Proceedings Letter: Within five days of the decision to begin PLO proceedings, a letter is sent to parents informing them of that decision. This letter advises parents to seek legal advice – this ensures they’re clear on what to expect and can be supported by a family solicitor in subsequent stages.
- Pre–Proceedings Meeting: A meeting will take place within one week of the Pre-Proceedings Letter being sent to parents. The meeting is attended by parents, their family solicitor and the local authority. The local authority will outline their primary causes for concern and provide guidance to parents so that they can address those concerns. During this meeting, the local authority may also provide more advice on support services and resources which could help to improve the child’s welfare.
The purpose of the Pre-Proceedings Meeting is to reach an agreement between social services and the parents regarding the child’s welfare so that improvements can be made. If no agreement can be reached, the local authority will begin court proceedings to safeguard the child’s wellbeing.
- Period of Change: This interim period allows time for the recommendations to be actioned. During this period, the child will continue to be monitored by social service and progress recorded. This period could last up to eight weeks.
- Pre–Proceedings Review: Within two months of the Pre-Proceedings Meeting, a Pre-Proceedings Review will take place. This will judge how much progress is being made. This is an important reflection point as it considers whether the child’s living situation is getting better and if not, is the starting point for further intervention.
There are three possible outcomes at this stage. The first is to recognise that enough progress has been made so care proceedings can be taken off the table. The second is to allow more time for changes. And the final outcome is to begin care proceedings to protect the best interests of the child.
How do legal professionals use the Public Law Outline to advocate for children’s best interests?
The PLO gives a solid framework for legal professionals to work within. The family solicitor can participate throughout the process and advocate for the child and the family from the earliest stages. Family solicitors can become involved from the initial Pre-Proceedings letter and offer and advice then representation during the Pre-Proceedings Meeting.
Early involvement means your family solicitor can help you to navigate cooperation and engagement with social services to achieve the desired outcome. He or she can also act as a channel of communication, gather evidence and help you to develop a plan to address your child’s needs in line with the findings of the Pre-Proceedings Meeting.
What challenges remain in implementing the Public Law Outline effectively in child welfare cases?
The updated PLO has made progress in speeding up cases and creating clarity for families and legal professionals but some challenges do remain. It isn’t always possible to achieve the desired 26-week deadline for example due to resource issues or delays in reporting. The PLO also doesn’t ensure parent cooperation and, depending on the challenges that exist, it may not always be possible for progress to be demonstrated in the eight-week window between the Pre-Proceedings Meeting and the Review phase.
If your family is subject to PLO proceedings, it’s important to seek legal advice as soon as possible. Our experienced, friendly family solicitors are here to help. Please get in touch to discuss your situation in confidence.
