MINISTRY OF JUSTICE
News Release (018/08) issued by The Government News Network on 13
February 2008
New guidance for
the family courts aimed at reducing unnecessary delay in the care
proceedings system was published by the Ministry of Justice today.
The Public Law Outline (PLO), an initiative led by the judiciary
of England & Wales, is designed to promote better co-operation
between all the parties involved in care and supervision cases.
Under the PLO, the current six stages of the court process will
be reduced to four, resulting in a simpler more streamlined
process with fewer unnecessary hearings. The court will set an
appropriate timetable for the case, focused around the needs of
the individual child. The PLO also promotes better case management
and earlier identification of the key issues, which is expected to
lead to better targeted and more effective use of experts'
evidence, in those cases where it is required.
Free pre-proceedings legal advice will be available to parents
with the aim of narrowing or resolving the issues in the case.
Bridget Prentice, Minister for Family Justice, said:
"Children and families involved in care proceedings are
among the most vulnerable and socially excluded in our society.
The Public Law Outline is all about helping to achieve better
outcomes in these cases. It is important that children have
safety and stability in their lives and that decisions as to their
future are made fairly and as speedily as possible. The
contribution and commitment of all those working in the family
justice towards improving the care proceedings system is vital."
From April 2008, the PLO will be introduced to replace the
existing Protocol for Judicial Case Management in Children Act
Cases. The Public Law Outline has been developed alongside revised
statutory guidance to local authorities, which sets out how they
should prepare applications for care orders and other types of
court orders. This guidance places a strong emphasis on close
communications with families and on exploring options for children
to be supported and cared for by their wider families while making
clear that timely action should always be taken through the courts
to safeguard children when necessary.
Bridget Prentice continued:
"Together, these reforms should mean less turmoil and
distress and more certainty for children by encouraging all safe
options for care of a child to be explored fully before court
action is taken."
President of Family Division, Sir Mark Potter added,
"The new Public Law Outline for the conduct of Care
proceedings is the welcome product of a co-operative enterprise
between the judiciary and the Ministry of Justice to reduce delays
and to improve the case management of care cases. Its success will
be largely dependent on the co-operation and expertise of the
dedicated specialist lawyers who will operate it."
Children Law UK has been commissioned to deliver inter-agency
training to support these changes to the care proceedings system.
Training courses are being delivered across England & Wales
targeted at social workers, local authority legal advisers, legal
practitioners, family court staff and Cafcass and Cafcass Cymru staff.
Notes to Editors
1. The Public Law Outline (PLO) comes into force on 1 April 2008.
A copy of the PLO is available at: http://www.justice.gov.uk/guidance/careproceedings.htm
2. The final version of the PLO was shaped following consultation
with the key family justice agencies and feedback from a number of
initiative areas across England & Wales who are testing the PLO.
3. The PLO is closely linked to revised statutory guidance issued
by DCSF on 24 January 08, which applies to local authorities in
England seeking care and supervision court orders. The guidance
can be found at [insert link]
4. Statutory guidance is to be issued to local authorities in
Wales by the Executive in Wales later this month.
http://www.justice.gov.uk