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Legal Planning Meetings

1. Purpose of Legal Planning Meetings

Legal Planning Meetings are an essential part of the process for dealing with public law children's cases under the Public Law Outline.

Sir James Munby, President of the Family Division in 'The Process of Reform: the revised PLO and the Local Authority', states that a properly organised legal planning meeting is invaluable and can be the key to achieving timely outcomes to Care Proceedings. He also recommends that local authority lawyers be involved, advising and assisting their social work clients, at an early stage.

A Legal Planning Meeting should be held to discuss the way forward in a particular case, where an application for a legal order may be required. This can include:

  • Following an application for an Emergency Protection Order or following a child being placed in Police Protection when consideration is being given to an application for an Interim Care Order;
  • When it is clear that the protection or welfare of a child cannot be achieved by agreement with the parents, or the security of a legal order is necessary to ensure the viability of a plan for a child, or the existing court order is not providing adequate protection for the child;
  • Where it is thought that a legal order may be required in order to assist in the permanence planning for children, whether that is a return to the family or to achieve permanence elsewhere.

At the meeting, a decision should be made in principle about whether the Threshold Criteria have been met. The local authority should then decide, based on a robust analysis of the level of assessed risk, whether:

  • It is in the best interests of the child to provide a further period of support for the family with the aim of avoiding proceedings; or
  • Whether proceedings should be initiated immediately.

The meeting should also identify any evidence gaps, clarify whether additional assessments will be required, and consider what would be a suitable draft Care Plan for the child.

Note: where children are already Section 20 Accommodated there should be no delay in issuing proceedings where this is required, (see Decision to Look After and Care Planning Procedure, Obtaining Parental Consent.)

2. Considerations

A Legal Planning Meeting is an opportunity to discuss a case fully, and to consult with colleagues to ensure that children are the subject of active case management and that appropriate legal action is taken when required to promote and safeguard the welfare of the child.

The role of the local authority legal adviser is to advise about the legal possibilities for achieving the desired aim, in a manner that is proportionate and appropriate to the conclusion desired and to give a view about the quality of the evidence available.

In order to enable a full discussion to take place, the following must be available for consideration prior to the meeting:

  • Relevant assessment(s);
  • An up to date Chronology;
  • A Plan or a clear indication that options for a plan have been considered;
  • A Genogram;
  • Minutes of Child Protection Conferences;
  • Minutes of all Family Group Meetings.

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. Child and Family 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. See Care and Supervision Proceedings and the Public Law Outline Procedure;
  • The risk assessment of the parents or pre-birth assessment.

    See Care and Supervision Proceedings and the Public Law Outline Procedure, Pre-Birth Planning and Proceedings;
  • When will the Child and Family 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 Agency Decision Maker;
  • 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?
Any potential issues/documentation regarding parental capacity to litigate should be flagged up at the meeting.

3. Who can Convene Legal Planning Meetings

The decision to convene a Legal Planning Meeting will be made by the Social Worker's line manager - the decision will usually be taken following a recommendation from a Child Protection Conference, as a result of a Looked After Review, a Permanence Planning Meeting, or on the request of a Social Worker, manager, local authority lawyer, or other agency.

Following the decision to convene a Legal Planning Meeting, a request must be made through Central Bedfordshire Council Resource Panel. The social worker will complete a Panel Application and present the case to Panel who will then review the request an give authorisation where appropriate.

4. Attendance at Legal Planning Meetings

The meeting will be chaired by the social worker's line manager, and will usually involve the following: the child's social worker; a local authority legal adviser; and any other professional from other agencies or services that have relevant involvement with the family and whose view would assist in making decisions about the child's legal status, who has first-hand evidence and may be a potential witness, and/or who may be involved in the provision of services integral to the order being sought.

Where the child has been in foster care, the views of the foster carer should be sought by the child's social worker, and taken into consideration in the legal planning meeting. This may include information on the child's progress in their placement and on the impact of contact with their family.

5. Timing and Duration of Legal Planning Meetings

The timing of a Legal Planning Meeting (LPM) is likely to be determined by the urgency of court proceedings and the need to allow sufficient time for necessary preparation.

However, the LPM should take place within 2 weeks of the request being received in Legal Services, unless prior agreement is reached with Legal and Children Services.

6. Recording of Legal Planning Meetings

It is the responsibility of the lawyer in attendance at the Legal Planning Meetings to prepare written advice following that meeting. The written advice is to include the history, advice given together with the whether the threshold criteria is met in accordance with the Children Act 1989. The advice must be circulated to the Social Worker, Team Manager and Head of Service, within 5 days of the meeting, unless delayed due to an emergency.

The written advice is legally privileged and must not be made available to persons outside of Legal and Children Services, without the permission of the chairperson or Director, in agreement with Legal Services.

7. Review/Subsequent Legal Planning Meetings

The meeting should consider whether further Legal Planning Meetings are necessary and if so, when. It may be that new information emerges which requires a change of plan for the child. In this even, the Legal Planning Meeting must be reconvened in order to consider the implications for the legal plan.

Trix procedures

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