A Parent's Guide to the Public Law Outline and Pre-Court Proceedings Work

The Public Law Outline (PLO) is the last phase in pre-court proceedings for social care. It is considered the final opportunity for the parents/carers of the children or child to address the Local Authority's concerns around your child/children’s safety, and we know the process can be extremely overwhelming for parents.

Within the Rudlings legal team, our experienced children's law solicitors have specialist expertise in supporting families through pre-proceedings – and know just how sensitive these cases can be.

We've produced this parent's guide to provide an overview of what the Public Law Outline process is, what's expected of you, and how to give yourself the best chance to avoid care proceedings (when the Local Authority makes an application to court). 

What is a PLO?

The PLO could be the last opportunity for you to work with the Local Authority to make (and sustain) the changes they consider are required of you to protect your child's welfare and best interests, but to also avoid matters escalating into the court arena.

We know there's nothing more daunting as a parent than being told the Local Authority has concerns about your child. The PLO process doesn't mean your child/children will be taken into care, but it does need to be taken seriously.

Put simply, it's the last chance for you to engage with Children's Services and work towards sustaining those changes within a realistic time period.

It will involve an initial PLO meeting to decide the measures that need to be taken to ensure your child's safety and wellbeing, followed by a review meeting at a later date to assess progress made.

During the pre-review period, realistic targets and goals will be set to ensure care proceedings are avoided at all costs.

How the PLO process starts

The PLO often starts (but not always) because Children’s Services have sought advice from their legal department because of concerns over a lack of progress on a child protection plan, or a significant event has triggered concerns and Children’s Services feel it may have met the threshold to escalate matters to the next stage.

In these cases, the Local Authority should write to those with parental responsibility which is known as a Letter Before Action (LBA) or Letter before Proceedings.

The Letter Before Action should clearly set out the following:

• Meeting date and time

• Any concerns about the family

• Actions that have been taken by social workers to support the parents and children

• Details of several solicitors or legal representatives

• Expected timeline for response.

In some instances, the LBA will inform parents straightaway that they intend to make an application to Court.

Why does the Letter Before Action matter?

Addressing the Letter Before Action as soon as possible shows your willingness to resolve the Local Authority's concerns.

If you receive a Letter Before Action, it's important that you contact a legal firm and seek legal representation as soon as possible. You'll require legal representation to understand the full implications of the letter, support you and your needs throughout the process, and to provide guidance and advice to achieve the best possible outcome. 

Swift action is vital and will safeguard your rights. You shouldn't wait, ignore the letter, or put it to one side. If you've received an LBA, please don't hesitate to get in touch with our children's lawyers to find out how we can help.

It's also important to hold on to this letter as you'll need it to get funding for your representative through the Legal Help scheme from the Legal Aid Agency.

What happens at the initial PLO meeting with the Children's Services and legal representatives?

A PLO meeting is a formal meeting – but in an almost informal setting. It will be a structured meeting to run through the concerns Children's Services have and the changes they want to see, as well as assessing the needs of the child and parents.

Usually, the meeting will be attended by the legal advisor from the Local Authority, often with the social worker, team manager, and Head of Social Work. You, the parents, will attend with your respective legal representatives.

In most cases, it will be held in-person to ensure the meeting is effective and runs smoothly, but it can be held remotely in exceptional circumstances; for instance, if there's a high level of urgency, or if other urgent commitments prevent someone from attending otherwise.

PLO Plan / written agreement

During the meeting, the social worker should outline what their concerns are and set out an appropriate plan with support to ensure targets are realistic and achievable.

This may involve you signing a document called a written agreement or safety plan. Alternatively, an agreement can be reached during the meeting on what is required from yourself and what is required from Children’s Services.

This is a step towards collaborative working with Children’s Services with clear expectations from everybody to work towards avoiding care proceedings.

The agreement could outline:

• Third party agency assistance with areas around your current situation which may require support, such as routines, boundaries, home conditions, or even budgeting

• Further parenting assessments of yourselves

• Third party assessments or requirements, or agency involvements, such as for alcohol and drug testing.

There's usually a timeframe for the above to be undertaken, after the meeting, and over the course of the PLO process, for the parents to work with their lawyers and ask further questions about the plan if needed. This is the first step.

Planning next steps

Once the Local Authority have set out their PLO plan, you'll be given the opportunity to respond and participate in the planning, so the approach is more collaborative. Here, solicitors play another key role, as they can work with parents beforehand to prepare a concise, effective response.

The Local Authority should see what support the family has among wider family members and friends, and a Family Group Conference should be arranged as part of the process moving forward. The Local Authority may also consider an assessment of your wider family members and friends to care for your children in the event you are considered unable to.

At the end of the meeting, the Local Authority will set a review date to discuss the progress of the plan with parents and social workers present.

What happens at the review PLO meeting?

At this point, the Local Authority may consider issuing an application to the court, or they may continue with the PLO process, depending on if they've seen the necessary changes and the changes are being sustained.

If the Local Authority makes an application to the court they may seek a court order to share parental responsibility with you. It may result in the Local Authority seeking to place the child/children in foster care or with wider family members (if their assessment is positive). This is clearly something parents would wish to avoid at all costs, hence the importance of engaging with and working with Children’s Services.

However, if the outcome and further progress is made, the Local Authority may consider stepping out of the PLO process completely or stepping down to another tier such as Child Protection, Child in Need or Early Help for continued monitoring.

Gain legal advice to support PLO proceedings

We know pre-court proceedings can be intimidating for parents – and we cannot stress enough the importance of seeking legal representation from the moment a Letter Before Action is received to help you confidently navigate the PLO process.

Every family and every case is different, with unique requirements. Our experienced children's lawyers will put your family's voices at the forefront, and provide expert legal advice without judgement: they can explain the Local Authority's concerns in clear terms, prepare efficient responses, and attend every PLO meeting.

Contact one of our specialists if you've received an LBA and need to seek legal representation for pre proceedings work.

FAQs

Can I apply to receive legal aid to support me during a PLO?

Yes, you can apply through the Legal Help scheme if you cannot afford to pay for legal costs.

Does the PLO process always go to court?

No, it does not always go to court. Court and care proceedings can be prevented if sufficient progress is made during the review period.

How long does a Public Law Outline last?

Pre-proceedings can last anywhere between 12-26 weeks, but can be extended if needed and are assessed on a case-by-case basis.

What should I do if I receive a Letter Before Proceedings?

It's vital you act swiftly and contact family law solicitors to gain legal advice, guidance, and representation when you receive a Letter Before Proceedings.