Public Law Outline Public Law by weep00p

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									Public Law Outline
               Public Law Outline

• Protocol: existing best practice in 2003
• PLO: reformed practice
  – Overriding objective implemented
  – Judge not parties in control of issue identification and
  – Timetable for the child replaces the 40 week „target‟
  – Simplified 4 stage process
  – Front loaded preparation
  – New case management tools / pleadings
     Family Proceedings Case Management

                                        Rules 2008/11

                  DCFS section 7
                    Guidance                            New Allocation Order
                  [No Pre-proceedings                         and PD

       Bundles PD                                                         Private Law PD
       Experts PD                                                     Domestic Violence PD
                                        Public Law PD                 Matrimonial Finance PD
(Without Notice & EPO PD)                                                 (Abduction PD)
     (Disclosure PD)                         PLO
                                                                             Listing PD
      Incapacity PN                                                    Mackenzie Friend PD
             Public Law Case Management

                                             Public Law PD
                     Pre-Proceedings                +
                        Guidance                  PLO

      PLO 1                                                                  Local Documents:
    Application                                                               PLO 4, 5 and 6
                              PLO 2
Supplementary Form                             PLO 3                          Allocation Record
                           Local Authority                    Other Case
                                                Case                                  and
                               Case                          Management
   (Documents                                Management                       Child‟s Timetable
                             Summary                         Documentation
  Checklist and                                Orders
Case Management                                                              Standard Directions
  Record Index)                                                               on Issue & at FA
    Front loaded preparation
• By LAs:
  – Pre-proceedings Checklist Documents
    •   Assessments and Records already in existence
    •   Letters before proceedings
    •   Schedule of Proposed Findings
    •   Care Plan
    •   Allocation Proposal and Timetable for the Child
  – Advocates
    • Case Summaries/CAFCASS Case Analysis and
    • Advocates Discussions/Meetings
    • Draft Case Management Orders
           Judicial Control
• Timetable for the Child (and the
• Allocation
• Issue Identification and Resolution
• Experts / evidence
• Case Management Record
    Case Management Record
• Supplementary App Form/Index: PLO1
• Letters before proceedings
• Case Management Documents
• Standard Directions on Issue and First
• Case Management Orders
    Case Management Documents
•   Application Form
•   Supplementary App Form – PLO1
•   Schedule of Proposed Findings
•   Allocation Record and Timetable for the Child
•   LA Case Summary
•   Other Parties‟ Case Summaries
•   CAFCASS Analyses & Recommendations
•   Draft Case Management Orders
The Checklist Documents:
Documents to be disclosed from the LA’s files:
•Previous court orders & judgments/reasons
•Any relevant Assessment Materials
      –Initial and core assessments
      –Section 7 & 37 reports
      –Relatives & friends materials (eg a genogram)
•Other relevant Reports & Records
      –Single, joint or inter-agency materials (eg health & education / Home Office &
      Immigration documents)
      –records of discussions with the family
      –Key LA minutes & records for the child (incl Strategy Discussion Record)
•Pre-existing care plans (eg child in need plan, looked after child plan &
child protection plan)
•Social Work Chronology
•Letters Before Proceedings

Documents to be prepared for the proceedings:
•Schedule of Proposed Findings
•Initial Social Work Statement
•Care Plan
•Allocation Record & Timetable for the Child
                                                STAGE 1
ISSUE                                                               FIRST APPOINTMENT
On DAY 1 and by DAY 3                                 By DAY 6
Objectives: To ensure compliance with pre-            Objectives: To confirm allocation; to give initial
proceedings checklist; to allocate proceedings;       case management directions
to obtain the information necessary for initial
case management at the FA
On Day 1:                                                Parties notify LA & court of need for a
   The LA files:                                         contested hearing
        -    Application Form                            Court makes arrangements for a contested
        -    Checklist documents                          hearing
   Court officer issues application                     Initial case management by court including:
   Court nominates case manager(s)                          -Confirm Timetable for the Child
   Court gives standard directions on issue                 -Confirm allocation /transfer
    including:                                               -Identify additional parties & representation
        -    Pre-proceedings checklist compliance            (including allocation of children‟s guardian)
        -    Allocate and/or transfer                        -Identify “early Final Hearing” cases
        -    Appoint children‟s guardian                     -Scrutinise Care Plan
        -    Appoint solicitor for the child             Court gives standard directions on FA
        -    Case Analysis for FA                         including:
        -    Invite OS to act for protected persons          -Case Analysis and Recommendations for
             (non subject children & incapacitated           stages 2 & 3
             adults)                                         -LA Case Summary
        -    List FA by Day 6                                -Other parties‟ Case Summaries
        -    Make arrangements for contested                 -Parties‟ initial witness statements
             hearing (if necessary)                          -For the advocates meeting
•   By Day 3                                                 -List CMC or (if appropriate) an Early Final
   Allocation of a children‟s guardian expected             Hearing
   LA serves issued documents on parties                    -Upon transfer
                                            STAGE 2

             ADVOCATES MEETING                                             CMC

No later than 2 days before CMC                     No later than day 45

Objectives: To prepare the draft Case               Objectives: To identify issue(s); to give full case
Management Order; to identify experts and draft     management directions
questions for them

   Consider all Other Parties Case Summaries           Detailed case management by the court
    and Case Analysis and Recommendations                 - Scrutinise compliance with directions
   Identify proposed experts and draft questions         - Confirm Timetable for the Child
    in accordance with experts Practice Direction         - Identify key issue(s)
   Draft Case Management Order                           - Confirm allocation or transfer
   Notify court of need for a contested hearing          - Consider case management directions
   File draft Case Management Order with the                  in the draft Case Management Order
    case manager/case management judge by                 - Scrutinise care plan
    11am one working day before the CMC                   - Check compliance with Experts
                                                               Practice Direction
                                                        Court issues Case Management Order
                                                        Court lists IRH and, where necessary, a
                                                         warned period for Final Hearing
                                              STAGE 3
ADVOCATES MEETING FOR THE IRH                                          IRH
Between 2 & 7 days before the IRH              Between 16 & 25 weeks
Objective: To prepare or update the draft      Objectives: To resolve and narrow issue(s); to
Case Management Order                          identify any remaining key issues

      Consider all Other Parties Case         Identification by the court of the key issue(s) (if
       Summaries and Case Analysis and         any) to be determined
       Recommendations                         Final case management by the court:
      Draft Case Management Order                   -Scrutinise compliance with directions
      Notify court of need for a contested          -Consider case management directions in the
       hearing/time for oral evidence to be          draft Case Management Order
       given                                         -Scrutinise Care Plan
      File draft Case Management Order              -Give directions for Hearing documents:
       with the cases manager/case                          -Threshold agreement or facts/issues
       management judge by 11am one                         remaining to be determined
       working day before the IRH                           -Final Evidence & Care Plan
                                                            -Case Analysis and recommendations
                                                            -Witness templates
                                                            -Skeleton arguments
                                                            -Judicial reading list/reading
                                                            time/judgment writing time
                                                            -Time estimate
                                                            -Bundles Practice Direction compliance
                                                            -List or confirm Hearing
                                               Court issues Case Management Order
                    STAGE 4


In accordance with the Timetable for the Child

Objective: To determine remaining issues

   All file & serve updated case management
    documents & bundle

   Draft final order(s) in approved form

   Judgment/Reasons

   Disclose documents as required after hearing

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