LBS Legal Planning Panel Protocol

London Borough of Sutton

People’s Directorate – Children’s Social Care

Legal Planning Panel Protocol

Date: September 2016

(updated from May 2015)

Revision date: September 2017

  1. Purpose of Protocol:

To outline the process for seeking legal planning decisions via a panel which was introduced in May 2015 that will replace the current system of individual legal planning meetings. The aim is to standardise these meetingsand streamline the process so that it is more accessible and timely for social work teams.

  1. Who the protocol is for:

The Protocol is for all managers in Children’s Social Care, Business Support Services and Legal Services.

If this proves to be beneficial this will be formalised and could be considered for roll out across the whole service dependant on the views of all senior managers.

  1. Request for Legal Planning Meeting:
  1. A summary of key issues must be presented to the HOS on the Legal Planning Meeting Request Template. This must include:
  2. Why Legal Planning is requested?
  3. Key threshold issues/events with dates regarding significant harm
  4. Alternatives considered
  5. Plan
  1. Key Documentation Required:

All documentation is required to be provided at least 24 hours before the date of the panel so that all panel members have time to read this information in preparation for panel. Legal planning meetings are to be booked suitably in advance ( i.e. the preceding Thursday for Tuesday meetings, and the preceding Monday for Thursday meetings) unless there is an emergency i.e. police protection taken or an urgent safeguarding concern requiring immediate action, legal advice and court work.

The Legal Planning Template must be completed in full. This must detail:

  • Up to date Chronology to be provided; it is crucial that this includes the latest incidents and issues of significant concern.
  • Most recent Child and Family Single Assessment
  • Any other relevant specialist assessment.
  1. Panel Protocol:

Legal Planning Panels will be held twice each week on Tuesday (predominantly RAS) and Thursday (predominantly FSCP, Court and LAC) afternoons between 2-5pm at the Civic in room 1.3 There is space for up to 4 cases to be heard at each panel for 45 minute slots.

Process

  • Requests for legal planning meetings are to be requested of the relevant Head of Service, once the Team Manager is satisfied that one is required.
  • Upon HOS agreement, the ATM or Social worker will send all relevant paperwork to the safeguarding children email address in order for Business support to book a time and inform the legal team that a legal representative will be required.
  • Business support will then send calendar invitations to appropriate attendees

For cases that need legal planning decisions in Michael Taylor, Jackie McCarthy or Claudette Brown’s Services, a slot will be found on Tuesday or Thursday, and Michael, Claudette and Jackie will chair these.

Heads of Service can decide to hold separate meetings at other times. This may be necessary when an urgent decision is required.

  1. Purpose of LP panel and possible outcomes:

The panel can decide:

  • To initiate proceedings immediately
  • To initiate the pre-proceedings (PLO) process
  • To take no further action
  • In exceptional circumstances to defer a decision and reconvene pending further information being soughtby the social work team.
  1. Panel Membership:
  • HOS (Chair)
  • Legal Services Representative
  • Court Progression Officer
  • Business Support Officer to record discussion and decisions
  • Social Workers and their managers will be invited to attend for 45 minute time slots to present their case and advice given.
  1. Agenda:
  • Introductions
  • SW outline of key issues/request for Legal Planning
  • Key evidence to be considered
  • Any other issues (previous proceedings/complicating factors etc)
  • Discussion/Questions
  • Legal Advice
  • Decisions/Actions/Timescales
  • Contingency Plan
  1. Minutes and uploading Records of LP Panel Discussion and Decisions:

A Business Support Officer will attend each panel to record discussion and decisions of the legal planning template (embedded in this document above) and these will be uploaded onto the child’s record on Frameworki.

  1. Pre-Proceedings Process:

If a pre-proceedings process is decided upon at the legal planning meeting dates will be set to manage this 3 month process. The Court Progression Worker and the legal advisor will track the case so as to avoid any drift. A tracker of cases will be kept in order to review progress. If this is decided the team responsible must ensure that this takes place in the timescales required.

Key dates will be set for the completion of the pre-proceedings letter and for this to be shared with legal services. A date will be set for an initial Pre-Proceedings meeting and review dates will also be set to ensure this process is timely and does not drift.

  1. Role of Court Progression Officer (CPO):

The CPO will track legal planning meeting outcomes and will support each social work team to ensure that the case does not drift and to support managers to ensure compliance targets are met.

Social Work teams are responsible for making sure that cases are progressed in a timely way without unnecessary drift. They can raise concerns with the Court Progression Worker and seek support.

JK May 2015 (updated September 2016)Page 1