Written and recorded by Safda Mahmood
Hello. Welcome, everybody, and pleased to welcome you to today's bites. I session where I'm going to be taking you through the procedure in public Children. All cases onder, particularly the public law outline on that This is an area. Of course many of you will be familiar with when it comes to dealing with public Children. Law matters what we loosely refer to as deep Pier Low Onda. We'll look at this time and see how it pulls together. So the proper tight for this, of course, is the practice direction. 12 A. Onder. It's the care and supervision proceedings on other part for seniors. Guide to Case Management. Now this practice direction, which covers this PD 12 a, was actually put together by the president off the family division. Sir James Mumby falling some feedback you might remember we had falling deep Pilot practice Particle of 2000 and 13 on this practice direction. 12 a in fact, came into effect on the 22nd of April 2000 and 14. Across brought both England and Wales, so it's been in place now for over for years now. One of the questions we need to ask ourselves is which matters does the practice direction 12 actually apply to. But it applies to all part for Children at 1989 cases, which would cover amongst others, for example, applications for care orders, applications for supervision, orders, applications for supervision, education supervision orders, for example. And it will also cover, for example, discharge of care orders. So therefore, some of you who acted for parents, for example, if you take instructions of the Guardian, sometimes you may be instructed to apply for discharge of the care order under Section 39 of the Children Act. If that's the case, then unusually you'll be the ones who were then therefore be preparing the paperwork in accordance with appeal. Oh so in terms of the C 11 away. But in many cases, of course, it will in fact be the local authority who will be completing the application forms in relation to DP Low because they'll be applied for care and supervision orders in many cases. Now it's important to bear in mind that practice direction 12 a is accompanied also by various other aspects off provision and in particular, paragraph 1.2 off PT 12 a provides the other rooms and practice directions need to be read alongside the peel off. So does the overriding objective. For example, on the part one, there's a general case management powers in the part for, for example, there's a procedure which relation of protected parties under Part five B, for example, does the position with experts. For example, in a part 25 on the practice direction. Relational bundles practice direction 27 a. For example. And alongside this, you also need to be aware off, for example, the president's guidance on distribution of business, for example, on also thea other issues related to the role of official Celester, particularly when a person maybe lack or be likely to be in a situation when it may be lacking litigation capacity. Now less than look at a typical cases under the pier low, particularly for, say, the local thought you're seeking care on door supervision order on this is where the local thought would I need to get the necessary documentation together. Do is a pre proceedings checklist on that the documents, which which would need to be far are these. Firstly, there's the application form, which to form see 11 away. So that's the application form on To see one on our way incorporates like, say, applications for, for example, emergency protection orders, care or supervision orders, for example. So you, for example, local thought here seeking in the medicine protection order. But then they are looking to also seeking care order. An interim care order there after that, in fact, is possible for them to take the boxes on the C 11 away. So why students set out both orders that they are seeking in that situation, and therefore it's the one application form. But effectively, one is seeking one order i e D P o to be heard initially and endeavor after the the interim care order applications now page one off the form See 11 always requires specifically confirmation to be provided as to whether or not noted hearing is required or not on this, then allows the court and to list a matter for nature in Trump contested interim care him, for example, on sometimes also an urgent case manual hearing, for example, particularly when urgent case management directions would need to be sort. There is also referenced on the application form to for example, if there was any refer, were made to an assessment by Adult Learning Disabilities Team. On the outcome of that, there is also section five under form, specifically which requires the applicant and in this case, of course, the local authority to set out whether there is any reason to believe that the child apparent 20 other significant adult in a chance life maybe habitually resident in another state onder their forwards. There is an issue over jurisdiction such as Brussels to revised. This is very important because many of you will know many of you who are local authority lawyers. For example. We know that say the child or family member has a connection with a particular member state in the U that this is what's very important in line with Brussels to advised to ensure that the central authority here in England I kacou which international child abduction contact you'd I informed, sort of maintain condemned liaise with the central authority in the other member states was to ensure that there is a line of communication between them on an open dialogue to look at considerations to which country would be best placed in dealing with that chance case. No threshold, of course, is a very important part off proceedings. And this is where the local authority would local thought lawyer be expected to complete the threshold statement in court practice within D. C. 11 or a two C one win away itself is such that it provides for two pages off Fresh Elder. One doesn't need to, of course, used to two pages. It may even be less than that in some cases now, there is also questioned seven b on the form C 11 all A, which requires the court to consider that in light of section 22 of the adoption Children at 2002 it a local thought. You're considering adoption for a child to need to indicate whether or not any application for placement order in fact, accompanies the application care and supervision. And if it does not, when it is likely that May will submit this. If indeed the plan is like to be one off adoption, there's also a specific questions on the C one or no way related to issues surrounding capacity. So if there is any question markers to litigation capacity than us, where one has to consider whether or not they would be a need to undertake a mental capacity assessment and then look to see whether or not they should relitigate your friend representing that party and possibly for appropriate to invite the official solicitor. Now, also in deformed, one would need to set out the opposite proposals surrounding allocation on this is where the court were then decided allocation. Applying the distribution of business and allocation rules in that regard. That's the form. See 11 or a soft course, a very important form which needs to be completed, setting out specifically or the information referred to at the end of the form, see one on our way. You'll see that it refers to the annex documents on a next to the form SI won on away. And that will incorporate DJ no ground, for example, effectively the family tree and also social chronology. Setting out the key events in relation to the chronology chronological way in which the local authority have worked with the family ideally not going back more than two years unless they're relying upon information which is relevant for the application. And this is what's very important, therefore to ensure that the chronology is clear. It's accurate and it's relevant. There's also a social statement which again, has the same issue in so far, is not going back beyond two years unless necessary, and also the care plan Now, in some authority areas, you'll be aware that local authorities, rather than having these annex documents i. E. D. Jr. Ground a soldier chronology the statement under care plan. Instead, the lover combined document called a sweat form. Thus the social work evidence template documents that's being used instead on this many of you are no has effectively combined these other annex documents that so that may well be utilized on be used in some areas. Now, one of the other key documents, which you would need to be aware off under which will, certainly for safety feature within the publicly White line is the index of checklist documents. Now, as I mentioned, you've got the very Sonics documents to have mentioned, but also alongside that there is this checklist as well contained within the public law outline what's included within the definition of checklist documents. Well, first and foremost, there'll be those that need to be served under parties at this would include, for example, evidential documents. And what this incorporates is material such as any previous court orders and judgements and reasons, for example. So, for example, let's say the local authority commence K proceedings on the back off private Children or orders. Let's say the local authority had carried out, say, a Section 37 report where by the local authority had to be asked to do a report where the court is satisfied at the child concerned is suffering was like suffer significant harm. Andi, this is in private law. Proceedings under local authority were then directed to Farley. What's called a section send reports set out what inquires they've made, what safeguards they've put into place and whether day half the view that there needs to be public law proceedings on, Let's down the back of that. They did decide to then lodge a care application. Hence, within that index of checklist documents, you would have included in their D Section 37 report that it would have done your case. That is, those documents of previous court orders judgments reasons. In previous proceedings relating to the family, any section seven reports, for example, any section 37 reports that I just mentioned on also really any relevant materials for aging, too capacity to litigate, for example. So if there was a se capacity assessment that had been done then that that should also be provided in all circumstances as well as any single joint are they inter agency material such as health and education, Home Office on immigration tribunal documents, for example that would also need to be provided in those circumstances. So those are the documents off the index of checklist documents, which do need to be then served on the parties. But then there's also those which, although they don't need to be served, they do. You need to be disclosed on provided to parties if, of course, sort and required on, firstly does records of key discussions with the family that this could be there for where se there was there was a people scene is meeting. For example, There was the public law outlined meeting that I mentioned earlier the pre proceedings meeting. Those records of those meetings need to be disclosed in those circumstances pre existing clear plans. For example, let's say there was a child in need plane plan that had been put together. For example, a looked after child plant, for example, certainly child protection plan. So, let's say, prior to the local authority commencing proceedings, State said. Neglect matter on that. There have been various child protection conferences. Dinitia Wonder. Do the review. Within three months. They often and the next one within six months. They after minutes of those need to be disclosed in these circumstances. So this is where the local authority should be, including these on listing days in the index off checklist documents. Okay. Now, insofar as these checklist documents are concerned, it's very important for you to appreciate that these documents are not going to be filed at court unless the court directs. Otherwise, Andi, that's I would suggest common mistakes that sometimes made in these situations, where these documents they shouldn't really form part of court bundle unless there is actually a live issue within these, and therefore it's an issued up would need to be determined at court. So if, for example, child protection conference minutes may well need to be evidential evidence if, for example, there is saying inconsistency between what the minutes provide and say what the domain statement in support is providing, and the may be a need for those to then be Ford as evidence and then relied upon for the pips of cross examination or otherwise. Now, once all of those documents than are found, then day one of issue of the local thought would then 40 like, say, the application as well as the annex documents and also provide the index of checklist documents of the mentioned on copies will be provided. A calf cast onder, insofar as the C 11 always concerned the actual application form that's filled in the local thought. Who need to set out whether or not there is need for an urgent preliminary case manager hearing or whether there is a need for nurture in from here. This is where a pack off two of D Bob Bigelow outline is particularly helpful, which relates to the flexible powers off the court. Paragraph 2.4, for example, Off the pillow provides that if said, a local thought you're seeking, imagine hearing say they wish to remove the child from parental care than one stay lodge the application. The court is entitled to provide any edge of hearing indoor circumstances if necessary. And, of course, they could do so if it was found to help it in the circumstances. On that, often what you find is, if there is a need, furniture here and then the court may list that certainly Froning trim initial contested hearing and in the case, manager hearing thereafter would still be listed to take place normally within days 12 to 18. Off issue on its very important. Also, to consider the need for sometimes on agent case manager hearing, particularly if it's necessary to consider issues offset jurisdiction. Parentage is, well, sometimes even capacity to litigating or circumstances. Sunday one d court office with an issue the application on. But this is where they were. Then decide upon allocations a day to that should be allocation, and this will be done in accordance with the president's guidance on allocation and distribution of business. And this is where the court will decide based upon really complexity. Andi, also who would be the most appropriate judicial officer to actually deal with matter in the circumstances. At paragraph seven, off back destruction 12 a defines allocations, meaning that which relates to a distribution of business on the Section 31 d off the Match Manual and Family Proceedings Act of 1984. Now, one of the other aspects here is they'll be standard directions, therefore made. Once the court does issue the application so they'll decide when to list a matter before whom on this is where. Then standard directions will be made such as, for example, the parents response to be prepared and then provided and filed a court that appears responses. One a document which should be no more than two pages on it, should be a response in the first instance to the threshold statement prepared by the local authority. Secondly, should set out proposals, including the identity and whereabouts are friends and relatives that apparent wishes to put forth. So that's the other key aspects of it and thirdly, information as to that person's capacity to litigate, including information. It's tyranny, referring to, for example, mounting health, mental health services and also adult services. So therefore, dolls are reacting for parents. It's very, very important that you get together. You're doctor your parents response document in readiness for the year initial interim here, and if there is one listed and if not certainly for the at the case management here. Really response document should be wonder is prepared Andi certainly ready to be considered and discussed at the Advocates meeting. As I mentioned the case manager hearing paragraphs 3.1 of PD 12 a provides is to be held between days 12 to 18 off the issue. But if imagine Case man you're hearing is required as a mention on the court does have the authority to do that. In that case management hearing, It is expected that for case management directions required in efforts very important for parties to attend with that in mind, they should. They should only be a further case manager here and if necessary, And if so, this should take place in all next. On Day 25. There, after a night in readiness for the case manager hearing, there should be an advocates meeting that takes place on this is where the advocates meeting the parties. Would you consider the application form on also the annex documents as well. It's a local thought, his case somewhere on but also the case analysis are very important to bear that in mind, and if potential experts, for example, or to be instructing parties need to have had given consideration as to who they wish to be identified. Considered draft questions person to part 25 found procedurals and accompanying pack distractions. And it's very important for the parties if they do wish to instruct any experts to ensure that to do make the necessary application in the corners with Part 25 in readiness for the hearing. The case management hearing, as I mentioned in the case Manager hearing, should be table to take place between days 12 to 18. Andi here. This is where the court need to ensure that the identified irrelevant issues Onda give for management case management directions, which in particular will include setting a clear timetable for the child. So, for example, they'll be matters considered that case manager here and gone dean with issues off the, for example, allocation. So who should be case be allocated to should it be transferred, For example, drawing up the timetable for the child identified additional parties so that maybe applications for, say, party status directions, for example, parentage identifying what other live issues considering any applications for party status like to say any application for experts. So Dean, with any part 25 applications, the court considered giving directions for concurrent to proposed placement order proceedings. For example, if a further case management him has acquired a court can make provision for that if necessary and also the court. Consider, for example, the threshold response to see if fresh short can be conceded and agreed, if not directions for that. And also the court which toe timetable not only further assessments if required, but all sort of timetable issues, resolution, hearing and also potentially evidence in that regard. And this is where the aim would be to make directions for further evidence to be filed. So that may take the form of expert assessments otherwise, with a view to than getting the necessary evidence in place so that there, after the next substance of hearing they've after should be issues resolution here in court should again direct for there to be on advocates meeting in readiness for that on the purpose of the advocates meeting in Red Nestle, she's resolution hearing is to review the evidence and for each particle, consider there position identified. Key remaining issues on really be in a position to be able to attend. The advocates issues resolution hearing with a view to city now in dandy issues and potentially to finish the case if possible after hearing. So it's very, very important when you do attend the issues resolution hearing that when you do go, the court would be expecting one to identify the key shoes on to see whether or not the shoes resolution here include, in fact, be used as the final hearing to conclude the matter on, if not, And of course, this is where the court they need to consider list in a matter of defamatory. Done so for final hearing with a view to in resolving the outstanding issues now under the pier low, it may sometimes been less safe to extend the court timetable. As I mentioned, the Children Families Act 2040 requires care supervision. Another part for seems to be completed within maximum period of 26 weeks, but it may be necessary sometimes to call beyond that to result. Persons just leave the reason good reason, and this is where paragraph 6.2 of practice Direction 12 a does allow for the court to enable extensions to be made if necessary, but specific justification is acquired. And this is where Section 32 subsection seven of the Children that comes into place well by the court need to be very clear as to the reasons why they are going beyond 26 weeks and to ensure that those reasons have clearly set out within the terms off the the actual case mansion talk itself. And this is where the case of Ri North Yorkshire cancel another's is a very useful case. This is the case which highlights the point made about 1/4 of peel, whereby both lawyers and judges I expect to try and conclude kept scenes that issues resolute. Checking with this is proportionate, fair and just on data public. Lower line practice. Direction 12 requires parties and representatives that advocates meetings to focus on where the find orders coming made that defined him and, if so, to work very much towards that to achieve in not if possible, on really only to list a matter there after for final hearing if it is felt necessary in the circumstances he conceits a very important case which hammers home the point about trying to resolve matters, certainly at the I. I hope this has been useful for you to really bring you up to speed with the workings of the public. The white line on day, Really looking at what happens from the moment of local authorities get involved right through to commencing proceedings under various stages. Insofar as the p a long process. Gonna thank you very much for listening. I hope that's been useful on a speedy X time. Thank you. Bye for now.
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