I have received a letter from the Local Authority saying that they are entering in to the PLO process, what should I do?
The Local Authority will send you a letter usually set out as ‘letter before proceedings’ or otherwise known as a PLO letter. The letter will set out the concerns that they have in respect of your child/children and will invite you to a meeting to discuss these. It is important that you seek urgent legal advice and take the letter to a solicitor. The letter will provide a date and time to attend a meeting with your legal representative.
There may have already been social services involvement and you may have previously been invited to Child Protection Conferences or had a social worker complete an assessment.
The Local Authority has a duty to investigate concerns about any child in their area and the care that they are receiving from parents/carers.
Why has the PLO process been initiated?
If you are invited to a PLO meeting it is because the Local Authority are concerned with your child/children being at risk of serious harm. This could be a number of things such as domestic violence, substance misuse, injuries to your child/children etc. This is a chance for you and the Local Authority to work together to alleviate those concerns and for you to demonstrate that you have made the necessary changes to minimise that risk and to show that your child/children can be safe in your care. This is the last step before issuing Court proceedings.
What is the PLO process?
The Public Law Outline (PLO) outlines the duties that Local Authorities have when they are considering whether to take a matter to court to seek either a Care Order or Supervision Order. A Care Order is an order that gives the Local Authority overall parental responsibility for your child/children. A Supervision Order is an order that allows the Local Authority to advise, assist and befriend you as a family which are usually made for 12 months following the proceedings.
What happens during the PLO process?
The Local Authority may seek to undertake a parenting assessment or a pre-birth assessment if your child has not yet been born. This will entail sessions being carried out between you and the social worker for them to assess your parenting. You can either have a sole assessment or a joint assessment with either your partner or someone else. At the end of the assessment, the social worker will conclude whether it was positive or negative. If it is positive, they may seek to end the process but not end their involvement entirely. If the assessment is negative, the Local Authority may seek to issue Care Proceedings.
Who attends the meetings?
The Local Authority social worker will attend together with their Team Manager and their legal representative. Sometimes the other parent(s) of the child/children will also attend with their legal representative. They may be present at the same meeting or may have their own (depending upon the concerns). You will also attend with your legal representative.
How long does the process last?
The process usually lasts around 3 months but it can be extended from time to time if there is any outstanding work that needs to be completed.
They want me to sign a ‘Written Agreement’. What is this?
A written agreement is a document setting out what is expected of your during the process. For example, it may state on there that you are to have no contact with your former partner if they have concerns that there is domestic violence between you both. The document is not legally binding but if breached, matters could be escalated such as issuing proceedings. It is important that you consider the agreement before signing it to ensure that the terms set out are reasonable.
I cannot afford to pay for a solicitor, what am I meant to do?
The Legal Aid Agency will fund you for these types of proceedings no matter how much you earn or don’t earn. Legal advice is free for the PLO process and you will need to sign a form for you to be signed up to the Legal Help Scheme.
What if they want to take the matter straight to Court?
The Local Authority may deem that the risks are so great that the matter needs to be taken to Court right away. They may seek an urgent hearing from the Court for the Court to consider whether an order needs to be made in the interim (Interim Care Order). This therefore allows the Local Authority to obtain overall parental responsibility for your child/children and thereby allows them to make the overall decisions.
An application can also be made to the Legal Aid Agency for you to receive funding for Court proceedings. Again, it doesn’t matter if you work or don’t work, you will still be entitled to receive it.
hpjv Solicitors are able to offer you advice and representation at each meeting. If you have been served with a ‘letter before proceedings’ please telephone us on 01633 242526 to speak to someone in our team or alternatively, make contact via our website. It is important that you do not delay seeking advice.
