We’ve recently written about the subject of parental responsibility and if and when it can be taken away.
If you’re reading this article, a Public Law Outline Process (PLO) might have been initiated against you or a partner, or is likely to be in the near future.
In this article we explore the PLO, which is a type of court order that is typically taken out by social workers, representing a local authority, when they fear for a child’s safety.
A PLO is clearly a stressful and difficult process to navigate and undoubtedly you want to do everything to in your power to ensure your child remains in your care. Keep on reading to learn what to expect from the PLO process.
We cover:
The PLO process
The outcomes of the pre-proceedings review
The purpose of a PLO meeting
Who attends the meeting?
What is on the agenda at the meeting?
How serious is a PLO meeting?
What happens when care proceedings are initiated?
What is a PLO in family law?
The Public Law Outline (PLO) provides parents with a last chance to make positive changes to their parenting before care proceedings are started. It’s an element of family law where a local authority takes proactive steps to address concerns over a child’s home life to protect their wellbeing.
It’s essentially a meeting called by the local authority in which they make parents aware of their concerns and give them an opportunity to make improvements to their parenting to safeguard their children.
What is the Public Law Outline (PLO) process?
The PLO process begins when the local authority notes their concerns about someone’s parenting. They will typically call a meeting to let the parent know what the issue is and the improvements they can make.
If the parent’s improvements are not significant enough, the local authority may make an application to the court.
The PLO process is the last opportunity for parents to change their behaviour before their child is potentially taken into care.
The process sets out the duties of the local authority when they are considering taking a case to the court to request a Care Order or Supervision Order under the Children’s Act 1989.
When the need to protect a child is urgent, the PLO process may be circumnavigated and a decision can be made to progress the case directly to court.
Initially, the local authority should send a letter to the parents of the child indicating their concerns and the level of support that has been extended to the parents. It should include details of what the parents are expected to do next to avoid further action being taken, and outline the support that will be offered to them, including exploring the support that can be offered by friends and family. The letter should include the timescale in which the above is expected. It should also stress the importance of the parents seeking legal representation. The letter will conclude by inviting the parents to a meeting, known as the PLO or pre-proceedings meeting.
The PLO process typically takes three months to conclude; it can be extended if there is additional work that needs to be completed.
What are the possible outcomes of the pre-proceedings review?
There are three main outcomes for a pre-proceedings review:
PLO is ended after parental progress – when parents have achieved the main improvements expected and laid out in the PLO that reduce concerns from the local authority, they may decide care proceedings are no longer needed to be considered and that pre-proceedings can be ended. A child protection plan will continue to be developed, unless the progress made by the parent is so significant as to not need it to safeguard the child, or that any other social work is required. Then, a recommendation will be made that the PLO should end to the local authority’s Service Delivery Manager who will make the ultimate decision on the child’s future
Further period of change – If, after the pre-proceedings period expires social workers believe further progress can be made to facilitate positive change, an additional period for further change will be begin and a new pre-proceedings review will begin. The second review should take place 6-8 weeks after the initial review. PLO should not last more than 16 weeks in total.
Begin care proceedings – when insignificant development has been made by the parents, the case can be referred to the Children’s Social Work Decision and Review Panel to review the care proceedings. In exceptional circumstances, a further period of change will be given to the parents in which to make progress.
What is the purpose of a PLO meeting?
The aim of a PLO meeting is to determine if the problems with someone’s parenting can be solved without needing to go to court. As we have mentioned, some issues are so serious that the PLO meeting will be used to inform the parents that the decision to make an application to the court has already been made.
Who attends a PLO meeting?
The meeting will be attended by the following:
A social worker team manager or consultant social worker
The social worker allocated to the parent’s case
A local authority solicitor
Parents
Parent’s solicitor
If the parents are separated, the local authority may organise separate meetings, one for each parent.
What happens in a PLO meeting?
The social worker will outline the concerns of the local authority and set the timeline by which they require certain actions or improvements to be made by.
The meeting typically includes a parental assessment and may also feature a psychological evaluation, as well as drug and alcohol testing and assessments of alternative carers. These are family members or friends that are willing to look after your children if you can no longer do so.
You may have to sign a schedule of expectations agreeing to the assessments required of you and the support they will provide.
Additionally, a date for your review meeting will be set. This is where your progress against expectations will be measured and evaluated.
How serious is a PLO?
A PLO is a parent’s last chance to make progress in their behaviour before their child is placed into care.
It’s a highly serious matter which can be incredibly hard to deal with for parents. When court proceedings are initiated, the local authority can ask the judge to allow them to share parental responsibility with you and they can also take your child out of your care.
When the local authority has parental responsibility for your child, this means they can make decisions about your child’s care, health and wellbeing.
You shouldn’t take a PLO lightly or you may lose the ability to make decisions about your child and you may not be allowed to see them.
It is important to instruct a solicitor if you’re going through a PLO process; this will mean your voice is fairly heard and your concerns are clearly aired. A solicitor will also ensure the local authority is fulfilling its legal obligations and that the PLO process is properly followed.
What happens if the local authority decides to initiate care proceedings?
When care proceedings are initiated, it means either a Care Order or Supervision Order is being sought by local authorities through a court application. The Decision and Review Panel need to give approval for care proceedings to be imitated.
When the Threshold Criteria have been met, a court can make a Care Order or Supervision Order under Section 31 Children Act 1989.
As per the Public Law Outline (2014) and the Children and Families Act 2014, care and supervision proceedings must be completed within 26 weeks.
When care proceedings are initiated, the parents will be informed by letter within 2 weeks of the decision being made.
Our family law solicitors can guide you through PLO
If you are a parent seeking advice on the Public Law Outline or how to deal with an upcoming PLO meeting, our family law solicitors are here to help. Get in touch with us today for a free case assessment and fixed-fee quote.