Court Proceedings
Scope of this chapter
This chapter is subject to review in line with the Revised Public Law Outline 2013. This chapter has been updated following the re-launch of the Public Law Outline 2023 and the Public Law Outline: Refocus in 2024.
This chapter should be read in conjunction with:
Legal Planning Meetings Procedure
Social workers should pass draft court documents, at least 8 working days prior to the court ordered date for lodging the statement or care plan, or for application of an order, to the Team Manager. This is to obtain for agreement by the relevant manager and legal department prior to lodging with the court.
NOTE
For applications for Emergency Protection Orders, see Applications for Emergency Protection Orders Procedure.
This chapter should be read in conjunction with the Ministry of Justice Guidance: Preparing for Care and Supervision Proceedings.
Amendment
In May 2026, Section 3.1, Where the Independent Advice from the Guardian and the assessment by the Local Authority are fundamentally different in relation to the safety and best interests of a child was added to the chapter in line with practice guidance issued jointly by Cafcass and the ADCS.
Under the Public Law Outline and the Children and Families Act 2014, there is a 26-week time limit for the completion of care and supervision proceedings. This places an increased emphasis on pre-proceedings work and the quality of assessments. The expectations of courts in relation to pre-proceedings work and local authority documentation are set out in detail in the Public Law Outline Procedure.
Where a child is suffering, or is likely to suffer, significant harm it is the local authority's duty to consider the evidence and decide what, if any, legal action to take. The information presented to the Child Protection Conference should inform that decision-making process but it is for the local authority to consider whether it should initiate the pre-proceedings PLO process or issue Care Proceedings.
Before a decision can be made to initiate either the PLO process or issue care proceedings, a Legal Planning Meeting must be held. This is then presented to the Practice and Resource Panel (PARP) to agree care planning decisions for children. The approval of the relevant Head of Service can be obtained if necessary, outside of PARP.
Further detail can be found in the Legal Planning Meetings Procedure.
N.B. Any decision to commence Care Proceedings should have regard to the requirements of the Public Law Outline - see Public Law Outline Procedure.
Legal advice provided to Children Services is 'privileged information' and as such should not be made available to anyone viewing the files.
As part of the legal planning meeting process, the instruction of experts will be considered. PARP or the Head of Service must agree the plan for instructing expert witnesses within the PLO process or in care proceedings, and the basis upon which the costs will be met.
Careful consideration should be given in the Legal planning meeting as to whether an expert assessment is necessary. It is important to consider if the evidence required is available in other ways, for example from community mental health teams, teachers, GPs, school nurses, health visitors etc. or through the social worker’s own assessment.
In the event an expert assessment is sought within care proceedings, the court will give permission 'only if the court is of the opinion that the expert evidence is necessary to assist the court and resolve the proceedings justly'. [1]
[1] Section 13(6) Children Act 2014
Working Together to Safeguard Children informs that; The responsibility of the Children and Family Court Advisory and Support Service (Cafcass), as set out in the Children Act 1989, is to safeguard and promote the welfare of individual children who are the subject of family court proceedings. It achieves this by providing independent social work advice to the court.
4A Cafcass officer has a statutory right in public law cases to access local authority records relating to the child concerned and any application under the Children Act 1989
That power also extends to other records that relate to the child and the wider functions of the local authority, or records held by an authorised body that relate to that child.
Where a Cafcass officer has been appointed by the court as a child's guardian and the matter before the court relates to specified proceedings, they should be invited to all formal planning meetings convened by the local authority in respect of the child. This includes statutory reviews of children who are accommodated or looked after, child protection conferences and relevant adoption panel meetings.
Practice guidance for local authorities and Cafcass in public law proceedings when the independent advice of the child's guardian and the assessment by the local authority about the safety and best interests of the child are fundamentally different was issued jointly by Cafcass and the ADCS in July 2025 and sets out the process that should be followed at any stage and before making final recommendations to court, when the views of the Children's Guardian and Local Authority differ on the final care plan or interim arrangements for a child.
The guidance clarifies that the process is "not intended to be used to agree a joint position", rather to make sure that recommendations to court include a "clear explanation" about why the Children's Guardian and the Local Authority social worker have reached different positions. It notes that the explanation must set out what the points of difference are so that the judge in the case can better understand these, adding: "it remains for the court to decide what is safe and in the best interests of the child."
It is good and expected practice for the Children's Guardian and the Local Authority social worker to have a conversation about their assessments and likely recommendations throughout the proceedings, prior to the filing of final analysis/evidence. If the child is supported by an Independent Reviewing Officer (IRO), the Children's Guardian is required to seek their views. If, during these conversations, it becomes apparent that there are fundamental differences in views about the care plan for the child/ren - note at this stage it is about likely position not definitive recommendations - the Children's Guardian and the Local Authority social worker should agree that a meeting is required, the timescale for this, how to set down the points of difference in the care plan and who is going to arrange the meeting.
When a Children's Guardian or Local Authority social worker becomes aware that there is likely to be significant disagreement about the child's care plan, each practitioner should first seek supervision in accordance with their own organisation's policies to reflect on their respective rationales.
It is important that this meeting agenda is set up to exchange information, to establish the points of difference and the reasons for the points of difference between the Children's Guardian, the LA social worker and/or the IRO (if appointed) regarding future arrangements for the child.
The chairing of the meeting needs to be facilitative so that no party feels criticised, and so that it can help inform the court hearing.
The meeting should be attended by the Children's Guardian, the local authority social worker and their team manager plus the IRO (if appointed). Minutes of the meeting should be taken, and these should be shared and agreed with all present. The Local Authority social worker and Children's Guardian will include, in their final reports to the court, an agreed note clearly setting out the differing views.
It is essential that the social worker and the local authority lawyer have regular contact during the course of the proceedings, and that progress is kept under constant review.
This will include discussion of any disclosure issues, which may need to be the subject of directions by the Court.
The Public Law Outline checklist will become a running document and completion of the Checklist will require regular liaison between the social worker, local authority lawyer and barrister (if instructed) during the course of the proceedings.
In addition the social worker must keep the local authority lawyer and Children's Guardian up to date with any changes in relation to the child during the proceedings, for example, placement, contact, school/education, health.
If the social worker is aware of anything that is likely to cause delay to the Care Proceedings e.g. statements and assessments not completed to timescale, then s/he must inform the allocated lawyer so the court may be informed.
Arrangements must not be made for any change to the child's placement without prior consultation with the Children's Guardian.
The IRO should also be notified of any change in the child's placement and any major changes in the child's care plan.
Social workers must provide a note of key unavailable dates to the allocated lawyer prior to each hearing. Team Managers should monitor this through supervision. The allocated lawyer in Legal Services will ensure this is effectively communicated to the court, and that the Social Worker is informed of changes to dates at earliest opportunity.
The Interim Care Plan and Final Care Plan, which must be exhibited to the social worker's Statement in Care Proceedings, should contain the information set out in Decision to Look After and Care Planning Procedure, The Care Plan.
There must be a separate Care Plan for each child.
Where adoption is part of the Care Plan either as the preferred or contingency plan, legal advice should be sought as to the need for and timing of a Placement Order application.
A Placement Order application cannot be made without the approval of the Agency Decision Maker (ADM). See Adoption Panel and Agency Decision Makers (ADM) Decision.
The social worker and Service Manager must sign the Interim Care Plan. The social worker and Head of Service must sign the Final Care Plan. The Care Plan cannot be changed without reference to the authorising manager. The Social Worker should own the reasoning for the care plan and the child focused outcomes being sought. The Team Manager should ensure this through Professional Supervision.
All correspondence received from lawyers for other parties during court proceedings must be passed to the Legal Services to deal with.
Where the Legal Services receive correspondence during court proceedings and require the social worker's instructions for the reply, the letter will be sent to the social worker upon its receipt and the social worker must give clear instructions to the lawyers as to the reply as soon as practicable.
In relation to any other contentious correspondence, including letters received from an expert during court proceedings, the social worker must send the letter to Legal Services as soon as possible, together with detailed instructions for the reply.
Last Updated: May 21, 2026
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