The Public Law Outline (PLO) and the Child Arrangements Programme (CAP)
| Author | Gillian Geddes/Richard Budworth |
| Pages | 93-118 |
THE PUBLIC LAW OUTLINE 2014 (PD12A)
[FPR 2010, PD12A – Care, supervision and other Part 4 proceedings: guide to case management]
Pre-proceedings
Pre-proceedings Checklist
Annex Documents are the documents specified in the Annex to the Application Form which are to be attached to that form and filed with the court:
ƒ Social Work Chronology
ƒ Social Work Statement and Genogram
ƒ The current assessments relating to the child and/or the family and friends of the child to which the Social Work Statement refers and on which the LA [local authority] relies
ƒ Care Plan
ƒ Index of Checklist Documents
Checklist documents (already existing on the LA’s files) are –
(a) Evidential documents including –
ƒ Previous court orders including foreign orders and judgments/reasons
ƒ Any assessment materials relevant to the key issues including capacity to litigate, section 7 and 37 reports
ƒ Single, joint or inter-agency materials (eg health and education/Home Office and Immigration Tribunal documents);
(b) Decision-making records including –
ƒ Records of key discussions with the family ƒ Key LA minutes and records for the child
94 The Single Family Court: A Practitioner’s Handbook
ƒ Pre-existing care plans (e.g., child in need plan, looked after child plan and child protection plan)
ƒ Letters Before Proceedings
Only Checklist documents in (a) are to be served with the application form
Checklist Documents in (b) are to be disclosed on request by any party
Checklist documents are not to be–
ƒ filed with the court unless the court directs otherwise; and
ƒ older than 2 years before the date of issue of the proceedings unless reliance is placed on the same in the LA’s evidence
Stage 1 – Issue and Allocation
Day 1 and Day 2 (see interpretation section)
On Day 1 (Day of issue):
ƒ The LA files the Application Form and Annex Documents and sends copies to
Cafcass/CAFCASS CYMRU
ƒ The LA notifies the court of the need for an urgent preliminary case management hearing or an urgent contested ICO [interim care order] hearing where this is known or expected
ƒ Court officer issues application
Within a day of issue (Day 2):
ƒ Court considers jurisdiction in a case with an international element
ƒ Court considers initial allocation to specified level of judge, in accordance with the Allocation Rules and any President’s Guidance on the distribution of business
ƒ LA serves the Application Form, Annex Documents and evidential Checklist
Documents on the parties together with the notice of date and time of CMH [Case Management Hearing] and any urgent hearing
ƒ Court gives standard directions on Issue and Allocation including:
– Checking compliance with Pre-Proceedings Checklist including service of any missing Annex Documents
– Appointing Children’s Guardian (to be allocated by Cafcass/CAFCASS CYMRU)
– Appointing solicitor for the child only if necessary
– Appointing (if the person to be appointed consents) a litigation friend for any protected party or any non-subject child who is a party, including the OS [Official Solicitor] where appropriate
– Identifying whether a request has been made or should be made to a Central Authority or other competent authority in a foreign state or a
consular authority in England and Wales in a case with an international element
– Filing and service of a LA Case Summary
– Filing and service of a Case Analysis by the Children’s Guardian
– Filing and Serving the Parents’ Response
– Sending a request for disclosure to, e.g., the police or health service body
– Filing and serving an application for permission relating to experts under Part 25 on a date prior to the advocates meeting for the CMH
– Directing the solicitor for the child to arrange an advocates’ meeting no later than 2 business days before the CMH
– Listing the CMH
ƒ Court considers any request for an urgent preliminary case management hearing or an urgent contested ICO hearing and where necessary lists the hearing and gives additional directions.
ƒ Court officer sends copy Notice of Hearing of the CMH and any urgent hearing by email to Cafcass/CAFCASS CYMRU.
Stage 2 – Case Management Hearing
Advocates’ Meeting (including any litigants in person)
No later than 2 business days before CMH (or FCMH [further case management hearing] if it is necessary)
ƒ Consider information on the Application Form and Annex documents, the LA
Case Summary, and the Case Analysis
ƒ Identify the parties’ positions to be recited in the draft Case Management
Order
ƒ Identify the parties’ positions about jurisdiction, in particular arising out of any international element
ƒ If necessary, identify proposed experts and draft questions in accordance with
Part 25 and the Experts Practice Directions
ƒ Identify any disclosure that in the advocates’ views is necessary
ƒ Immediately notify the court of the need for a contested ICO hearing and any issue about allocation
ƒ LA advocate to file a draft Case Management Order in prescribed form with court by 11a.m. on the business day before the CMH and/or FCMH
Case Management Hearing
CMH: Not before day 12 and not later than day 18
A FCMH is to be held only if necessary, it is to be listed as soon as possible and in any event no later than day 25
ƒ Court gives detailed case management directions, including:
– Considering jurisdiction in a case with an international element;
– Confirming allocation
96 The Single Family Court: A Practitioner’s Handbook
– Drawing up the timetable for the child and the timetable for the proceedings and considering if an extension is necessary
– Identifying additional parties, intervenors and representation (including confirming that Cafcass/CAFCASS CYMRU have allocated a Children’s Guardian and that a litigation friend is appointed for any protected party or nonsubject child)
– Giving directions for the determination of any disputed issue about litigation capacity
– Identifying the key issues
– Identifying the evidence necessary to enable the court to resolve the key issues
– Deciding whether there is a real issue about threshold to be resolved
– Determining any application made under Part 25 and otherwise ensuring compliance with Part 25 where it is necessary for expert(s) to be instructed
– Identifying any necessary disclosure and if appropriate giving directions
– Giving directions for any concurrent or proposed placement order proceedings
– Ensuring compliance with the court’s directions
– If a FCMH is necessary, directing an advocates’ meeting and Case Analysis if required
– Directing filing of any threshold agreement, final evidence and Care Plan and responses to those documents for the IRH [Issues Resolution Hearing]
– Directing a Case Analysis for the IRH
– Directing an advocates’ meeting for the IRH
– Listing (any FCMH) IRH, Final Hearing (including early Final Hearing) as appropriate
– Giving directions for special measures and/or interpreters and intermediaries
– Issuing the Case Management Order
Stage 3 – Issues Resolution Hearing
Advocates’ Meeting (including any litigants in person)
No later than 7 business days before the IRH
ƒ Review evidence and the positions of the parties ƒ Identify the advocates’ views of– the remaining key issues and how the issues may be resolved or narrowed at the IRH including by the making of final orders
– the further evidence which is required to be heard to enable the key issues to be resolved or narrowed at the IRH
– the evidence that is relevant and the witnesses that are required at the final hearing
– the need for a contested hearing and/or time for oral evidence to be given at the IRH
ƒ LA advocate to– notify the court immediately of the outcome of the discussion at the meeting
– file a draft Case Management Order with the court by 11a.m. on the business day before the IRH
IRH
As directed by the court, in accordance with the timetable for the proceedings
ƒ Court identifies the key issue(s) (if any) to be determined and the extent to which those issues can be resolved or narrowed at the IRH
ƒ Court considers whether the IRH can be used as a final hearing
ƒ Court resolves or narrows the issues by hearing evidence
ƒ Court identifies the evidence to be heard on the issues which remain to be resolved at the final hearing
ƒ Court gives final case management directions including:
– Any extension of the timetable for the proceedings which is necessary
– Filing of the threshold agreement or a statement of facts/issues remaining to be determined
– Filing of:
ƒ Final evidence and Care Plan
ƒ Case Analysis for Final Hearing (if required)
ƒ Witness templates
ƒ Skeleton arguments
– Judicial reading list/reading time, including time estimate and an estimate for judgment writing time
– Ensuring Compliance with PD27A (the Bundles Practice Direction)
– Listing the Final Hearing
ƒ Court issues Case Management Order
Stage 4 (if required) – Final Hearing
2. Flexible powers of the court
(See PD12A for full version)
2.1 Attention is drawn to the flexible powers of the court either following the issue of the application or at any other stage in the proceedings.
2.2 The court may give directions without a hearing ...
2.3 The flexible powers of the court include the ability for the court to cancel or repeat a particular hearing ...
2.4 Where a party has requested an urgent hearing a) to enable the court to give immediate directions or orders to facilitate any case management issue which is to be considered at the CMH, or b) to decide whether an ICO is necessary, the court may list such a hearing at any appropriate time before the CMH and give directions for that hearing ...
98 The Single Family Court: A Practitioner’s Handbook
2.5 Where it is anticipated that oral evidence may be required at the CMH, FCMH or IRH, the court must be notified in accordance with Stages 2 and 3 of the Public Law Outline well in advance and directions sought for the conduct of the hearing.
2.6 It is expected that full case management will...
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