Care proceedings reform
The government implemented two key reforms to the child care proceedings system in England and Wales in April 2008. The reforms will improve outcomes for vulnerable children and ensure all resources are used in the most timely and effective way. These reforms are closely linked and place the child firmly at the centre of the process.
Preparing for care and supervision proceedings
A best practice guide for professionals working in child care and supervision proceedings.
The guide is for use by all professionals involved with childen and their families before proceedings and in preparation for applications made under section 31 of the Children Act 1989.
The guide has been produced by the Ministry of Justice in cooperation with the Department for Children, Schools and Families, the Welsh Assembly Government and the Judiciary of England and Wales.
- Preparing for care and supervision proceedings (PDF 0.41mb 40 pages)
Revised statutory guidance for local authorities
The Department for Children, Schools and Families and the Welsh Assembly Government have issued revised statutory guidance to assist local authorities.
This sets out all the steps local authorities need to take before they apply to court for a care or supervision order. The revised guidance came into force in both England and Wales on 1 April 2008.
- DCSF: The Children Act 1989 Guidance and Regulations Volume 1: Court Orders (England)
- Welsh Assembly Government: The Children Act 1989 Guidance and Regulations Volume 1: Court Orders (Wales)
Public Law Outline
The Judiciary for England and Wales and the Ministry of Justice have issued a new case management practice direction, the Public Law Outline.
The Public Law Outline streamlines the court process and requires that the case timetable is focused around the needs of the individual child involved.
The Public Law Outline replaced the Public Law Protocol and came into force on 1 April 2008.
- Judiciary for England and Wales: Public Law Outline - Guide to Case Management in Public Law Proceedings
(PDF 0.65mb, 46 pages)
- HM Courts Service: Protocol for Judicial Case Management in Public Law Children Act Cases
Evaluation of the Public Law Outline
Early research on the impact of implementing the Public Law Outline and the level of compliance with the new procedures was commissioned by the Ministry of Justice, DCSF and the Welsh Assembly Government.
The research involved a small sample of cases as well as a range of practitioner perspectives, and was conducted by the National Centre for Social Research (Natcen), in partnership with Dr Julia Brophy (Centre for Family Law and Policy, University of Oxford).
Experts practice direction
The President of the Family Division issued a new practice direction on the use of experts to replace the guidance in the Public Law Protocol. The new experts practice direction came into effect on 1 April 2008.
- Practice Direction - experts in family proceedings relating to children (PDF 0.14mb 14 pages)
Pre-proceedings legal advice
The Legal Services Commission provides non-means and non-merit publicly funded legal advice for parents and those with parental responsibility. Access to this service is triggered when the local authority gives written notice of the potential to issue care proceedings.
The aim of the service is to work with the family to help resolve issues or avoid the need for court proceedings, if the necessary improvements can be agreed.
Full details about Family Help (Lower) Level 2 are in section 20 of the LSC Funding Code: Decision Making Guidance - Family.
Inter-agency training
Children Law UK, part of The Adolescent and Children's Trust (TACT), delivered 25 inter-agency training events on the Public Law Outline between January and March 2008. Training materials from events are available from its website.
New court forms
New court forms, Forms PLO 1-6, for use under the Public Law Outline have now been issued and are available to download from the HMCS website.
Lord Laming's report
Lord Laming was commissioned to prepare an independent report on the arrangements to safeguard children in England. His report was published on 12 March 2009, with a total of 58 recommendations. The government responded immediately and accepted all the recommendations in full, followed by a detailed action plan on 6 May 2009.
- The protection of children in England: a progress report
- The protection of children in England: action plan - the government's response to Lord Laming
National Safeguarding Delivery Unit
The National Safeguarding Delivery Unit has been created to improve safeguarding standards and establish more consistent practice across England, as part of the government's action plan to deliver Lord Laming's recommendations.
The unit is jointly staffed by the Ministry of Justice, Department of Children, Schools and Families, the Home Office and the Department of Health, and will also draw on experienced people seconded from front-line services.
Chief Adviser on the Safety of Children
The government has appointed Sir Roger Singleton to be its Chief Adviser on child safety in England. Sir Roger will play a key role in ensuring that the government delivers the pledges made in the government's action plan.