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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.

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

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.

• LSC: Funding Code
• LSC: pay rates and schemes

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.

• TACT: Public Law Outline training

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.

• HMCS forms and guidance

Lord Laming's report

Lord Laming was commissioned to produce an urgent report on the progress being made to implement effective arrangements to safeguard children in England.

Lord Laming published his report in March 2009. The report makes recommendations to apply best practice across the country, improve local accountability and provide more support for local leaders and the frontline workforce in child protection.

The government accepted all 58 recommendations in the report and published a detailed action plan on 6 May 2009. Central government will work with local government and frontline services to drive forward reform of child protection services across England. The Ministry of Justice is leading the establishment of a system-wide target to reduce delay in the care proceedings system.

• The protection of children in England: a progress report
• The protection of children in England: action plan - the government's response to Lord Laming

Frequently asked questions

Answers to some of the most frequently asked questions about the care proceedings reforms and some useful contacts for further queries.

• Frequently asked questions on care proceedings reforms (PDF 0.10mb 14 pages)