Legal Protocol for Judicial Case Management in Public Law Children Act Cases

The social worker will discuss the issues of the case with their line manager and request attendance at Legal Gateway Panel to ensure the threshold criteria has been met. No family proceedings should be initiated without the approval of a Head of Service in an emergency or Legal Gateway Panel.

The Legal Services will complete and file application forms (C1/C13) to court.

The social worker must file the following reports:

• Social Workers Evidence Template (SWET) and Chronology;
• Single Assessment reports;
• Section 37 (if any);
• Any other additional evidence;
• The timescale for the reports will be agreed at Legal Gateway Panel.

The social worker must inform the LA solicitor of all relevant persons in the case and discuss whether the case should remain in the Family Proceedings Court (Magistrates) or be transferred to County Court.

The decision to transfer the case to County Court should be based on complexity. If the Local Authority decides to apply for transfer, the LA solicitor should submit the application at the First Hearing.

Any other party involved in the proceedings can also apply for transfer of the case.

The social worker should also discuss with the Legal Gateway Panel any witnesses identified and experts if required.

In discussing the use of 'experts' it is important to ensure that an 'expert' is actually needed with clear reasons why.

Any other party can apply to the court for the use of experts. If the Local Authority does not agree that an expert is required, the LA solicitor should inform the court of the reasons why.

The court is responsible for appointing a GAL.

The First Hearing shall take place in the Family Proceedings Court (FPC) on or before day 6.

The social worker shall attend the First Hearing and to discuss and instruct the LA solicitor on issues about the case.

This should include:

• Clarifying who the witnesses should be;
• Assessments and reports that will be required;
• Timetable of when the social worker needs to complete court reports, care plans and assessments;
• Timetable to include Adoption Panel and completion of Schedule 2 report if appropriate.

The 'expert's' report (if any) should be completed and served prior to the social worker's final Care Plans, court and assessment reports so that the 'expert's' opinions can be considered by the Local Authority when making their recommendations.

The social worker should inform the LA solicitor of their availability for future meetings and hearings. It should be agreed by both parties when a social worker should attend court, as it is not always necessary for social workers to attend hearings, except in any contested hearings where the social worker must attend.

The court should:

• Decide who should be party to proceedings;
• Set a date for contested hearings if necessary;
• Consider whether the case should be transferred to Court or County Court;
• Complete the case management checklist (Appendix A/3: Case Management Checklist).

By day 11.

In consultation with the social worker, the LA solicitor is responsible for completing the Standard Directs Form (SDF).

The LA solicitor discusses and clarifies any relevant aspects of the case to ensure instructions from social worker are clear.

If the case has been transferred to the County Court, the Court Officer will allocate case management and judges and, where possible, identify the judge who is to be the Final Hearing judge.

At an Allocation Hearing the case management judge shall consider if it is appropriate for the case to remain in County Court or be transferred back to the Family Proceedings Court.

The judge will determine any contested interim application for a Care or Supervision Order.

The court will follow the case management checklist and fix a date for a case management conference, which will be within 54 days of the First Hearing. The judge will also fix a date for the Final Hearing and the Pre-Hearing Review which shall be not later than two weeks and no earlier than eight weeks before the Final Hearing date.

The court will clarify with the LA solicitor the necessary contents in the bundle of documents for the case management conference.

The social worker will, if necessary, update the Chronology and initial Care Plan for the case management conference.

The LA solicitor will complete the Case Management Questionnaire (Appendix A/3: Case Management Checklist) for the case management conference and any other documents required.

Between days 15 and 60.

The LA solicitor shall, not later than 5 days before the case management conference, prepare and file all relevant case management documents that were directed at the Allocation Hearing.

Before the day fixed for the case management conference, or (where it has not been practicable to have an earlier meeting) not later than 1 hour before the time fixed for the case management conference, all parties' solicitors, social worker and GAL shall:

• Meet to identify and narrow the issues of the case;
• Consider the case management checklist;
• Consider the case management questionnaires;
• Consider in accordance with the experts' code of guidance whether and if so why any application is to be made to instruct an expert.

The social worker should attend the Advocates meeting with the LA solicitor to ensure clarity of issues and to update information.

The social worker should attend the case management conference.

Following the advocates meeting, the LA solicitor should draft:

• A schedule of issues which identifies:
  • A summary of the issues in the case;
  • A summary of issues for determination at the case management conference by reference to the Case Management Questionnaire and Case Management Checklist;
  • The timetable of legal and social work steps proposed;
  • The estimated length of hearing of the Pre-Hearing Review and of the Final Hearing;
  • The order which the Court will be invited to make at the case management conference;
  • Lodge to the Court a Freeing application order if appropriate. (At least one month before the Final Hearing).

At the case management conference, the case management judge/court shall:

• Give any necessary case management directions to:
  • Timetable any remaining legal and social work steps;
  • Ensure that full and frank disclosure of any relevant documents is complete;
  • Ensure that, if an expert is to be instructed, the expert and the parties will complete their work for the Court within the Court's timetable.

By week 37.

The Court Officer ensures that the case management judge receives the court file/bundle during week 28.

In the week before the PHR the advocates who are party to the Final Hearing shall:

• Communicate with each other and, if necessary, meet to identify and narrow the issues to be considered by the court at the PHR and the Final Hearing;
• Consider the preheating review checklist (Appendix A/5: PHR Checklist).

Two days before the PHR, the LA solicitor must file a composite schedule of issues, which includes:

• A summary of issues in the case;
• A summary of issues for determination at the PHR;
• A draft witness template;
• The revised estimate of hearing and of the final hearing;
• Whether the proceedings are ready to be heard and, if not, what steps need to be taken at the PHR to ensure that the proceedings can be heard on the date fixed for the final hearing;
• The order which the court will be invited to make at the PHR.

Prior to the PHR, the social worker will:

• Do the necessary preparatory work to ensure that they can update the court and ensure that they have had a recent look at the case and all the issues involved;
• Ensure all court reports, assessments and care plans are submitted to court as agreed by the court timetable;
• Attend the Pre-Hearing Review.

At the PHR, the court will:

• Consider the pre-hearing review checklist;
• Consider the parties composite schedule of issues;
• Confirm or give revised time estimates for the Final Hearing;
• Give such directions as are necessary to undertake the existing case management documents and the court/bundle;
• Give such directions as are necessary to ensure that the Final Hearing will be effective.

The court may decide to dispense with the PHR or deal with it on paper or by electronic means, including computer, video or telephone conferencing.

By week 40.

2 days prior to the Final Hearing:

• The parties must prepare and file case management documents;
• File court bundles.

The social worker must ensure that any updated information is discussed with the LA solicitor.

The social worker should attend the Final Hearing.

At the conclusion of the Final Hearing, the court will set out the basis/reasons for the orders made or applications refused.

In a complex case, a judge (but not in Family Proceedings Court) may decide to reserve judgement and take time for consideration. Where judgement is reserved, the court will endeavour to fix a date for judgement to be given or handed down within 20 days (4 weeks).

At the end of every Final Hearing the court will consider directions for disclosure of documents. For example:

• In any case where it is proposed that the child should be placed for adoption and so that subsequent adoption proceedings are not delayed at the LA adoption panel, specialist adoption agency and/or proposed adopters and their legal advisors for use in subsequent adoption proceedings;
• For any medical or therapeutic purpose;
• For a claim to be made to the CICA.