uma.mehta@islington.gov.

uk
Community Care Inform

The Children & Families Act 2014
[Enacted on 22.4.14]
The New Public Law Outline
The Local Authority Perspective

The Role of the Local Authority Lawyer and Social Worker in
Achieving Timely Outcomes to Care Proceedings and the Importance of
Family Group Conferences/Meetings being held Pre-Proceedings

Uma Mehta Solicitor Advocate (Higher Courts Civil Proceedings)
Chief Lawyer
Community Services Team
London Borough of Islington

March 2014

1
uma.mehta@islington.gov.uk
Achieving Timely Outcomes to Care Proceedings
No. Contents Full
PP
Short
PP
Front page and index to both the full and short presentations 0-1 0-1
1 Introduction and the Bi-Borough Project between the London Borough of Islington and
Camden
2
2 The structure of the Legal Team in delivering timely outcomes to care proceedings 3
3 The primary role of Local Authority lawyers in Child Care proceedings 4
4 The wider role of Local Authority lawyers in Child Care proceedings 5-6
5 The specific role of Local Authority lawyers in Child Care proceedings..
(a) The pre-proceedings stage including Family Group Conferences/Meeting.
(b) Preparing for the care proceedings stage..
(c) The care proceedings stage..
(d) The post proceedings stage..
7
8-13
14-18
19-23
24

2-6
7-9
6 Suggested court timeline in standard track cases involving adoption decision making
(flowchart)
25
7 What is expected of LA Lawyers and Social Workers to avoid delay and achieve timely
outcomes to care proceedings
26-29
8 Islington Councils Legal Tracking System 30 10
9 Recent developments in case law including Adoption 31-34 11-14
10 (a) The Family Court Guide: A Framework of Good Practice
(b) The Law Societys Guidance and Good Practice documentation to support Public
Law Pathways for Lawyers/Social Workers
35
35
11 Training for Social Workers and Lawyers 36-40 15
12 Conclusion: Lord Lamings Recommendation 57 41-44 16-17
Failure is not an option!
2
5a) Flowchart: Pre-Proceedings Public Law Outline


REFERRAL
Multi agency assessment under s17 CA 1989 (45 days)
Children in Need Concerns
s47 Enquiries
Children in Need Plan/Services
Review of Children in Need Plan
Safeguarding Concerns
Strategy Discussion
s47 Enquiries
Child Protection Conference
Child Protection Plan
Assessment completed
discussed in core group
Child Protection Review Conference
and revised child protection plan
Local Authoritys safeguarding concerns increase to the point where
s31 threshold appears to be met
After the assessment is undertaken, the
social worker will:
-Commission any specialist assessments needed
or connected persons assessment
- Convene Family Meetings/Family Group
Conferences as appropriate
- Carry out care planning for the child including
consideration of placement/permanence
Options eg: kinship placement, reunification,
adoption etc
3
Pre-Proceedings: Do Local Authority Lawyers now need to get involved earlier and advise?

PARTNERSHIP IN CHILD PROTECTION
S17(1), S17(10) & S17(11)
Definition of a child in
need goes far beyond
just those children who
are in need of protection
Minimum Involvement Shared Decisions
(Relying on parental
consent).
Shared Goals
Shared
Power
Family Group Conference or another
meeting to bring family/friends together
Openess and honesty. Information
about role and powers of professionals
and court, child protection process, eg:
right to attend meetings, be consulted,
who else can help, complaints
procedure, child in need plan(s)
As good a service for them and their
children as any other family
The challenge that confronts us is how to find ways to express this within the child protection arena without
compromising our paramount duty to protect the child
4
The Children Act 1989 Child Protection Significant Harm
Local Childrens Safeguarding Boards
Working Together 2013 (England)
Working Together under the Children Act 2004 (Wales)

Family Group Conference/Meeting

2 3 2 3 2 3 1 1 2 4 2
CONCERN--------REFERRAL-----CHECKS-----STRATEGY------INVESTIGATION-------CHILD--------------REGISTRATION
DISCUSSION PROTECTION & PLANNING
CONFERENCE CORE GROUP

1 Investigation
Procedures
4 Registration &
Planning
2 Support Services
to Children in Need
Emergency Protection
Order
Police Protection
Child Assessment Order


3 No Further Action

Supervision Order
Care Order
Residence Order
Contact Order (8)
Contact Order (34)
Specific Issue Order
Prohibited Steps Order
Special Guardianship
Order
Section 100 Inherent
Jurisdiction (Wardship)
Advice, guidance and
counselling
Home Help and Laundry
services
Family support services
Travel allowances to use
services
Holidays and cultural
activities
Day-care provision

After school care
Family Centre support
Services for children
with disabilities
Financial and other help
if appropriate
Assistance to help a
suspected abuser leave
a childs home
Services to prevent
children entering care or
coming before the
criminal court
NB Family Group Conferences/Family Meetings can be held at any stage to run alongside the Court Protection Conference

NB The new terminology for Residence and Contact Orders is Child Arrangements Orders as from 1.4.14 when the Children and Families Bill is
enacted.
5
Family Group Conferences/Family Meeting
What is an FCG?

An FGC is a family-led planning meeting in which the whole family comes
together to make a plan for a vulnerable child. This family plan should address
problems that have usually been identified either by a professional who knows
the child (like a teacher or social worker) or sometimes by the family
themselves. The professionals only attend parts of the meeting to:

Set out their worries about the child or their understanding of the problems that
need to be addressed by the family in their plan (at the start of the meeting) and

Agree the familys plan for the child (provided it is safe) and confirm what help
they will provide the family (last stage of the meeting).

But the family are also given time in private to draw up their plan which must
address the professionals worries and make sure the child is kept safe (middle
part of the meeting).
6
Family Group Conferences/Family Meeting
How does a FGC work?

There are different stages in the FGC model:

Referral


Independent Co-Ordinator is appointed

Preparation

The Conference:

Information giving (stage 1)
Private family time (stage 2)
Plan presented and agreed (stage 3)

Implementation of the Plan

Review of the Plan
7
uma.mehta@islington.gov.uk
5(c) Care Proceedings Stage (Contd)

Dates based on a first hearing on 21.1.13 Clear Assessment Plan



Expert or Social
Worker, Parents
Assessment/Remit of Instructions Timeframe
Care2Share
Residential Family
Assessment Centre
Assessment of Mothers parenting capacity and her ability to meet the physical,
emotional and developmental needs of her baby see letter of instruction
8 weeks
Start: 28.01.13
End: 18.03.13
Report: 01.04.13
Allocated social
worker
Risk and parenting assessment of Father 4 weeks
Report: 18.02.13
Mother and Father Discuss FGC with their family, signed consent to the LA to arrange an FGC
and list of names for invitation to FGC
At first hearing or within
seven days of the hearing
Mother and Father Provide prioritised shortlist of family members for assessment At first hearing or within
seven days of the hearing
Forensic
Psychologist
Assessment of Mothers emotional and cognitive functioning and ability to meet
baby Xs emotional and changing developmental needs. (Identify two possible
psychologists and take their CVs to court for parties to consider). Draft
questions
8 weeks
Report: 18.03.13
Allocated Social
Worker
SW parenting assessment of Mother, that draws on feedback from placement,
opinion and analysis of experts, 2-3 interviews with mother, 2-3 observations of
mother-child interaction, analysis and conclusions
8 weeks
Report: 18.03.13
Allocated Social
Worker
Reg 24 assessment (viability assessment) of family/connected people Six weeks from date of
receiving shortlist of names
Allocated social
worker
Case to be discussed with permanency team One week
Refer to the Quick Guide streamlined Public Law Outline card for the three stages and the final hearing

If more than
1-2 Reg 24
assessments
are required,
more time
may be
negotiated
but the family
must
prioritise. Be
mindful that
an SGO
assessment
takes 10-12
weeks and
needs to be
submitted
before a final
care plan can
be submitted
Connected
Persons
Assessment
By Week 2
Day 12-18
Week 2- 4
Week 26
Case Management Hearing (CMH)
Further Case Management
Hearing (FCMH)
Fact Finding
Final Hearing
IRH
File all Assessment Reports
Guardians Final Case Analysis
Parents Response
Final Evidence & Care Plan
1-2 Weeks
1-2 Weeks
1-2 Weeks
Week 12
Week 13-14
Week 14-15
Week 15-16
I
n
t
e
r
v
e
n
t
i
o
n

R
e
g

2
4
/

S
G
O

A
s
s
e
s
s
m
e
n
t

R
e
g

2
4
/

S
G
O

A
s
s
e
s
s
m
e
n
t

Week 10
A
s
s
e
s
s
m
e
n
t

Application & Annex Documents
3-6 Weeks
By Week 20
Agency
Decision
Maker
Agency
Decision
Maker
L
e
t
t
e
r

o
f

I
n
s
t
r
u
c
t
i
o
n

Pre-Proceedings
Assessment
PLO
Application
CGs Case Analysis
FGC
A
s
s
e
s
s
m
e
n
t

There is provision for 8 week extensions if the
delay is considered purposeful and necessary for
the child, for instance if their parents are
progressing well in their treatment.
FGC
A
l
l
o
c
a
t
i
o
n

P
r
o
p
o
s
a
l

Allocated by
the Court
C
G

C
a
s
e

A
n
a
l
y
s
i
s

L
A

C
a
s
e

S
u
m
m
a
r
y
5d) Islington & Camdens
26 Week Timeline
8
Connected
Persons
Assessment
9
Stage 1
Issue & allocation
S31 application and
annex docs copied to
Cafcass. May include
arrangements for
contested ICO/ISO
Listing of possible
contested hearing
Stage 2

Case Management Hearing (CMH)

Legal Planning meeting
Initial Referral


Local Authority multi-disciplinary
assessment (45 days max)

LA child protection plan
Day 1

By day 2: serve docs on parties,
allocate proceedings, appoint
CG& childs solicitor (litigation
friend If needed), court gives std
directions

Cafcass analysis for CMH, including
evaluation of LA case
Stage 3

Issues Resolution Hearing
(IRH) which could also
become the Final Hearing
Final Hearing (FH)
If necessary
By week 26 or earlier
By week 20 or earlier
Expert(s) letter of
instruction
Cafcass final
case analysis
Advocates meeting no later
than 7 days before IRH. Includes notifying
court of need for contested hearing &
evidence. LA lawyer files CMO for court
by 11:00am on the working day before IRH
Conduct contested
ICO/ISO if not
already held
Court gives case
management directions
Consider possible
extensions. Record
in CMO
Issue CMO
Timetable for the child
(LA and CG input).
Timetable for the
proceedings
Final Case Management
directions including
Extensions court issues
CMO
Input Output PLO stage
FGC: Family Group Conference CG: Childrens Guardian
CMO: Case management order ICO: Interim Care Order ISO: Interim Supervision Order
Note: The court may give directions without a hearing, including setting a date or period for the FH. Reference to Cafcass
includes CAFCASS CYMRU
ID/assess alternative carers (FGC if
appropriate) connected person
assessment
Public Law Outline (26 weeks)
Pre-
proceedings
C
o
n
n
e
c
t
e
d

p
e
r
s
o
n

s

a
n
d


S
p
e
c
i
a
l

G
u
a
r
d
i
a
n
s
h
i
p

O
r
d
e
r

A
s
s
e
s
s
m
e
n
t
s

By day 12-18
C
o
n
n
e
c
t
e
d

P
e
r
s
o
n

s

a
n
d


S
p
e
c
i
a
l

G
u
a
r
d
i
a
n
s
h
i
p

O
r
d
e
r

A
s
s
e
s
s
m
e
n
t
s

(
i
f

r
e
q
u
i
r
e
d
)

Letter before proceedings
(legal aid trigger) followed
by pre-proceedings meeting
Or immediate issue (alert
Cafcass)
If required, Further Case
Management Hearing (FCMH)
ASAP and not later than
week 4 and by day 20


If required, Fact Finding
hearing by week 10


Advocates meeting no later
than 2 clear days before CMH.
Identify experts and draft
questions. LA lawyer
drafts CMO by 11am
before CMH/FCMC
10
uma.mehta@islington.gov.uk
8. Islington Councils Legal Tracking System
Name of child
Date of birth
Date of Legal Planning Meeting
Date Proceedings issued
Initial type of application
First Court Date
Outcome of First Hearing
Date of Case Management Hearing
Outcome of CMH
[Date of Further Case Management Hearing - FCMH]
[Outcome of FCMH]
[Date of Fact Finding Hearing]
Date of Issues Resolution Hearing (IRH)
Date of Final Hearing
Order(s) made including Placement
Level of Court
Date Final Order(s) made
LBI File reference number
11
uma.mehta@islington.gov.uk
9. Recent Developments in Case Law

Fact Finding: Burden and Standard of Proof

Re A (A Child) [2013] IFLR 1187 Nov 2012
Re M (Children) [2013] 2FLR 322 Dec 2012
Re J (Care Proceedings: Possible Perpetrators) [2013] UNSC 9 Feb 2013
Re R (A Child) [2012] EWCA Civ 1783 Nov 2012
Re J-L (Findings of Fact: Schedule of allegations) [2013] IFLR 1240 Nov 2012
M (A Child) [2012] EWCA Civ 1905 Nov 2012
S (A Child) and Ors V Nottingham CC and Ors [2013] EWCA CIV 771 July
2013
Re E (A Child) [2013] EWHC 2400 (FAM) HC Aug 2013
Re W [2013] EWCA Civ 1374 (CA)
Re Lancashire CC V R and W [2013] EWHC 3064 (FAM) Oct 2013
Re G (A Child) Care Proceedings: Standard of Proof/Use of s20 CA 89 2014
EWHC 308 (FAM)

12
uma.mehta@islington.gov.uk
9. Recent Developments in Case Law (Contd)
Reporting Restrictions
Re J (A Child) [2013] EWHC 2694 (FAM)

Expert Evidence
Re TG (Care Proceedings: Case management: expert evidence) [2013]
1 FLR 1250 Jan 2013
Devon CC v EB & Others(Minors) [2013] EWHC 968 (FAM) Feb 2013
Re H-L (A Child) [2013] EWCA CIV 655 June 2013
IA (A Child) [2013] EWHC 2499 (FAM) Aug 2013

European Union Issues (Brussels II)
Re E (A Child) [2014] EWHC 6 (FAM) Jan 2014)
13
uma.mehta@islington.gov.uk
9. Developments in Adoption (Contd)
In the matter of B (a Child) [2013] UKSC 33 June 2013
Re V (Children) [2013] EWCA Civ 913 July 2013
Re SK v London Borough of Brent [2013] EWCA Civ 926
Re B-S (Children) [2013] EWCA Civ 1146 July 2013
Re G (A Child) [2013] EWCA Civ 965 Aug 2013
Re P (A Child) [2013] EWCA Civ 963 Aug 2013
W (A Child) v Neath Port Talbot BC [2013] EWCA Civ 1225 Oct
2013
Re W and Re H [2013] EWCA Civ 1177 Oct 2013
Re C (A Child) [2013] EWCA 1257 Oct 2013
F (A Child) [2013] EWCA Civ 1277
14
uma.mehta@islington.gov.uk
9. New Regulations
Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (SI 2013/985)

These Regulations seek to achieve the speeding up of the selection and assessment of
prospective adopters by introducing a reduced, two stage, time-targeted assessment
process (by inserting a new Part 4 into the Adoption Agencies Regulations 2005). This
process is supported by revised guidance: see particularly Chapter 3 dealing with preparing,
assessing and approving prospective adopters available.

The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous
Amendments) Regulations 2013 (SI 2013/984)

These Regulations introduce a new Regulation 25A into the Care Planning, Placement and
Case Review Regulations 2010. Reg 25 permits a local authority, to give temporary
approval as a local authority foster carer, to a person who has been approved as a potential
adopter, but who is not otherwise, a fully approved local authority foster carer, ie Fostering
for Adoption Order (CF Concurrent Planning see Coram & Manchester Placements)
15
uma.mehta@islington.gov.uk
Succinct, analytical and evidence based

43.Sam is at significant risk of emotional and physical harm due to
exposure to domestic violence between his mother and her partners.
Sam is a 3 year old boy and he needs consistent and attuned care to
support the development of a secure attachment. Sam has
demonstrated aggressive behaviour towards his peers, which indicates
that his experiences are having an effect on his social, emotional and
behavioural development.

44.Sams experience is of being frightened because his main carer is unable
to protect him, which places him at risk of developing a disorganised
attachment. Children with disorganised attachments may have poor
outcomes and are at risk of engaging in high risk and anti-social
behaviours, having poor interpersonal relationships, and possibly
developing psychopathologies later in life (Brown & Ward 2012 para 2.24,
P27).
16
uma.mehta@islington.gov.uk
POLICE
LOCAL
AUTHORITIES
CAFCASS
CAFCASS
CYMRU
LEGAL AID
AGENCY
WELSH
ASSEMBLY
GOVERNMENT
HMCS
NHS
UK BORDER
AGENCY
(or replacement)
System-wide
Target to reduce
Unnecessary
delay
Reducing Delay
Recommendation 57: The Ministry of Justice should lead on the establishment of a system
wide target that lays responsibility on all participants in the care proceedings system to
reduce damaging delays in the time it takes to progress care cases where these delays are
not in the interests of the child. (The Protection of Children in England: A Progress Report,
2009)
17
uma.mehta@islington.gov.uk
Every child matters, every day matters!
Whats this case all about, who does what when and why do we
need another expert?
If in doubt, do without!
Failure is not an Option!

References and thanks:
MOJ, DFE, President of the Family Division, Cafcass, ADSS, BAAF, DFE, PLO SW Digest, Family
Rights Group, Sarah Rothera CPM Camden & Islington and Julie Penny and Birmingham CC Legal
& Case Progression Project Teams, National LFJB, the national collective CPMs striving to develop
and share best practice, Judith Masson, and Jonathan Dickens (UEA).