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Pre-Proceedings Checklist and Process in Child Protection Cases, Study notes of Public Law

The pre-proceedings checklist and process in child protection cases under the public law framework. It covers the documents to be attached to the application form and filed with the court, the checklist documents to be served and disclosed, and the evidence in support of directions sought. The document also details the stages of issue and allocation, case management hearing, and issues resolution hearing.

What you will learn

  • What checklist documents need to be served and disclosed during pre-proceedings in child protection cases?
  • What evidence is required in support of directions sought during pre-proceedings in child protection cases?

Typology: Study notes

2021/2022

Uploaded on 09/27/2022

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Public Law Outline
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:
Social Work Chronology
Social Work Statement and Genogram
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 relies
Care Plan
Index of Checklist Documents
Checklist documents (already existing on the LA's
files) are –
a. Evidential documents including –
Previous court orders including foreign
orders and judgments/reasons
Any assessment materials relevant to the
key issues including capacity to litigate,
section 7 and 37 reports
Single, joint or inter-agency materials (e.g.,
health and education/Home Office and
Immigration Tribunal documents);
b. Decision-making records including –
Records of key discussions with the family
Key LA minutes and records for the child
Pre-existing care plans (e.g., child in need
plan, looked after child plan and child
protection plan)
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 –
filed with the court unless the court directs
otherwise; and
older than 2 years before the date of issue
of the proceedings unless reliance is placed
on the same in the LA's evidence
Evidence in support of directions sought –
Evidence in support of any directions sought
by Day 2 (see Stage 1 table below).
Evidence in support of any directions sought by Day
2 should be filed with the court and served with the
application form.
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Public Law Outline

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: ● Social Work Chronology ● Social Work Statement and Genogram ● 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 relies ● Care Plan ● Index of Checklist Documents Checklist documents (already existing on the LA's files) are – a. Evidential documents including – ● Previous court orders including foreign orders and judgments/reasons ● Any assessment materials relevant to the key issues including capacity to litigate, section 7 and 37 reports ● Single, joint or inter-agency materials (e.g., health and education/Home Office and Immigration Tribunal documents); b. Decision-making records including – ● Records of key discussions with the family ● Key LA minutes and records for the child ● Pre-existing care plans (e.g., child in need plan, looked after child plan and child protection plan) ● 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 – ● filed with the court unless the court directs otherwise; and ● older than 2 years before the date of issue of the proceedings unless reliance is placed on the same in the LA's evidence Evidence in support of directions sought – ● Evidence in support of any directions sought by Day 2 (see Stage 1 table below). Evidence in support of any directions sought by Day 2 should be filed with the court and served with the application form.

Stage 1 Issue and Allocation

Day 1 and Day 2 (see interpretation section) On Day 1 (Day of issue): ● The LA files the Application Form and Annex Documents and sends copies to Cafcass/CAFCASS CYMRU ● The LA notifies the court of the need for an urgent preliminary case management hearing or an urgent contested ICO hearing where this is known or expected ● Court officer issues application Within a day of issue (Day 2): ● Court considers jurisdiction in a case with an international element ● Court considers any application for directions on exceptions from notification or automatic party status rules and issues any directions for or related to further hearing ● 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 ● LA serves the Application Form, Annex Documents and evidential Checklist Documents on the parties together with the notice of date and time of CMH and any urgent hearing ● 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 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 ● 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. ● 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) Case Management Hearing No later than 2 business days before CMH (or FCMH if it is necessary) 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

● Review evidence and the positions of the parties ● 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 ● 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 ● 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 ● Court considers whether the IRH can be used as a final hearing ● Court resolves or narrows the issues by hearing evidence ● Court identifies the evidence to be heard on the issues which remain to be resolved at the final hearing ● 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 – ○ — Final evidence and Care Plan ○ — Case Analysis for Final Hearing (if required) ○ — Witness templates ○ — 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 ● Court issues Case Management Order