Letter Before Proceedings: Social Services Are Thinking Of Taking Me To Court
For many parents receiving a ‘letter before proceedings’ from the Local Authority will be an incredibly worrying and unsettling time. Family Law Solicitor, Lauren Richards, discusses what the letter means and what parents should do if they receive one….
What Is A Letter Before Proceedings?
The ‘letter before proceedings’ or PLO (Public Law Outline) is a letter from the Local Authority sent to parents informing them that they are starting the PLO process. Receiving the letter means there is one last chance for parents to work with the Local Authority to make changes in order to avoid the Local Authority taking the parents to Court.
The letter will set out the concerns that the Local Authority has for the child/children and what the Local Authority have done so far to help. It will also set out a plan of what they would like the parents to do to address the concerns. The letter will invite parents to a meeting, with their own Solicitor, to discuss the concerns and the way forward.
What Should I Do When I Receive The Letter?
The first thing that any parent should do when they receive a ‘letter before proceedings’ is seek immediate legal advice. This advice is free of charge for any person, regardless of financial circumstances. The letter will usually come with a list of local Solicitors who are specialists in childcare law.
Whilst is understandably very daunting to receive a letter saying that the Local Authority are considering taking you to court, it is vital that parents seek legal advice and discuss the concerns with a solicitor. A solicitor will usually arrange a meeting with parents to go through the letter and provide legal advice and will then attend the meeting organised by the Local Authority.
Who Will Be At The Meeting?
The children’s social worker will be at the meeting, usually with their team manager and the Local Authority solicitor. There will also be someone who works for the Local Authority taking notes.
Parents will be present at the meeting, along with their legal representative. Some Local Authorities hold meetings with both parents together, whereas other Local Authorities will have separate meetings. If you are concerned about attending a meeting with your child’s other parent, you should discuss this with your Solicitor in advance of the meeting and they can then look at making arrangements with the Local Authority for the meetings to be separate.
What Happens After The Meeting?
Parents should leave the meeting being clear about what the Local Authority’s concerns are and about what they need to do to address the concerns.
As part of the plan, parents will likely have specific things that they need to do. Examples of this could be attending appointments with mental health services or drug and alcohol services, attending sessions to complete a parenting assessment or making improvements to the family home.
The social worker will continue to visit the family home and see the children. It is important that parents cooperate with this.
A review meeting is usually set for six weeks after the first meeting. At the review meeting, the social worker will talk about what has happened since the initial meeting and how the plan is progressing. Parents will also be able to feedback how they think that things are going.
The Local Authority have a number of options available to them at this meeting. If they are satisfied that their concerns have been addressed, they can end the PLO process. This is quite unusual as the Local Authority will likely to see that the concerns have been address and sustained for a longer period of time. The most likely thing to happen is that the Local Authority continue to PLO for a further period of time to give parents more time to continue making changes. Alternatively, if the Local Authority’s concerns have increased, they can inform parents that they have made the decision to go to Court.
If you have received a letter before proceedings and need further advice, please do not hesitate to contact me or any one of my colleagues in the public family law team on freephone 0800 011 6666.
October 2023