Public Law Outline Research Articles

Gandalf's mother and other stories: the dark side of forensic psychotherapy

This article attempts to develop Estela V. Welldon's (1988) theory regarding perverse action in women, where women act against their own bodies, or against their babies, when they are experienced as part-objects not individuated from themselves. I attempt to apply this theory to twentieth-century Irish national identity in which a state policy, underwritten by the Irish Catholic Church, idealised women, and in particular motherhood, with disastrous outcomes for some women. This policy took the form of the Magdalene Laundry Asylum system which was a "secret" hiding in plain sight from 1922 to 1996. I draw parallels between this historically abusive system and what I believe to be the toxic Public Law Outline (PLO) system used in the UK today. The PLO sets out the duties local authorities have when thinking about taking a child from its parents. It involves social workers taking a case to court in a procedure which is ironically enough named a "care order". Psychologists can be asked to provide expert testimony regarding the fitness or otherwise of parents caught up in the PLO system and thus be instrumental in breaking up families. We might call this the dark side of forensic psychotherapy. All identifying materials in this article have been anonymised and, in some cases, stories have been amalgamated to protect patients' identities.

Working with the Victims and Perpetrators of Child Sexual Abuse and Exploitation

Working with the Victims and Perpetrators of Child Sexual Abuse and Exploitation

Time is of the Essence: Risk and the Public Law Outline, Judicial Discretion and the Determination of a Child’s Best Interests

The Children and Families Act 2014 has introduced a 26-week timeline for Children Act 1989 care and supervision court cases. This article discusses the risks and possible ramifications for children and parents of this measure, which halves the average length of care proceedings. This is to be set against evidence that faster resolution of children’s cases is possible without prejudicing the quality of court decision making; however, careful monitoring is indicated to ensure that child welfare is at the forefront in the decision making process and the individual rights of all concerned are protected.

Family law: Appearing as a professional witness in court

For many health visitors, the prospect of attending court as a professional witness can be daunting. This article examines how the new Public Law Outline of the Children and Families Act 2014, which came into effect on 22 April 2014, may have an impact on the health visitor. A brief view of the health visitor's role in safeguarding is discussed while outlining some of the current changes in family law that give the health visitor an insight into what happens once a local authority instigates care proceedings. The article offers practical guidelines on how to write a focused and succinct court report, illustrating what happens when a health visitor is called to be a witness in court.

Why parents matter: exploring the impact of a hegemonic concern with the timetable for the child

In a climate of austerity, timescales and targets, this paper probes whether parents matter sufficiently within the current child protection system in England. Evidence suggests that achieving partnership working in the context of child protection has become increasingly illusive, particularly when parents are notified that the local authority is considering compulsory intervention to remove their children under the Children Act 1989. Recent changes to legislation, policy and practice ushered in with the aim of achieving earlier decisions within the time frame for the child are laudable, but there are consequences for both children and their parents. The aspirations of the Public Law Outline (2008) are well rehearsed, but the changes being introduced with the recent reform of the family justice system, alongside particular constructions of parenting, may be failing to recognize the potential of many parents, if offered appropriate support, to care safely for their children.

Administrative Decision Making in Child-Care Work: Exploring Issues of Judgement and Decision Making in the Context of Human Rights, and Its Relevance for Social Workers and Managers

The Public Law Outline (PLO) introduced in England and Wales in April 2008 appeared to hold out the promise of a fairer process for parents within pre-proceedings decision-making processes that determine whether or not the local authority will make an application to court. Whilst the rhetoric of the PLO to provide consensual solutions within administrative rather than judicial decision-making processes may be laudable, there are tensions and dilemmas in ensuring the rights of parents and children are protected when important decisions are being made without the oversight of the court. Despite the rhetoric of keeping children and families at the heart, there appears no relief from the procedural and managerial processes set within a context of public sector cuts affecting all professionals tasked with protecting children. Achieving justice for children and families to ensure their rights are protected within a protocol that necessitates increased resources will be a challenge.

Incorporating multi‐family days into parenting assessments: the Writtle Wick model

ABSTRACTThis paper describes a project undertaken by family centre staff, drawing on the ideas of the Marlborough Family Service in using multi‐family groups as part of their parenting assessments. Child protection assessments are complex and have a far reaching effect on the lives of vulnerable children; practitioners can carry the burden of assessing parents' capacities to meet their children's needs without adequate supervision or support. Our project was developed following the implementation of a new policy, the Public Law Outline, requiring parenting assessments to be completed within a 40‐week time frame. We were concerned that this would not afford the opportunity to develop a sufficient relationship with families to provide a thorough assessment. The paper describes the incorporation of multi‐family days into the parenting assessments and the effect of this work on clients and practitioners. This paper is a practice paper, rather than a formal evaluation, and describes a project in which family centre workers sought to provide a model of assessment based on working as part of a team, managing uncertainty and valuing the opportunity to develop a relationship with clients in order to make an assessment.

The Public Law Outline and Family Group Conferences in Childcare Practice

In the United Kingdom, the Children Act (1989) states that children are best brought up with their families. However, if a child is suffering from or likely to suffer from significant harm, then the local authorities may initiate care proceedings under section 31 of the Children Act (1989). The Public Law Outline is a judicial case management tool that aims to keep children with families when possible and ensure timely care proceedings when it is not. Emphasis is given to involving children and their immediate and wider family members in trying to address the concerns or identifying alternative kinship care. The pre-proceedings guide of the Public Law Outline states that Family Group Conferences or family meetings should be convened as relevant. Family Group Conferences are a decision-making forum where children and their families take responsibility for making plans to ensure the safety and wellbeing of children. The purpose of this paper is to explore the advantages and limitations of using Family Group Conferences within the context of the Public Law Outline. A proposal is made that there should be greater flexibility in using Family Group Conferences within the timescales of the Public Law Outline. Also, more research is needed to fully explore how effective Family Group Conferences are in supporting families to make plans that allow children to be safely cared for by their own families.

Judging the Children Act 1989: courts and the administration of family justice

Focusing on those aspects of the Children Act 1989 which relate to the family justice system, this article outlines the development over the last 20 years of the family courts and the court welfare system (now CAFCASS ‐ Children and Family Court Advisory and Support Service), and the operation of two provisions: section 1(5) the ‘no order’ principle and section1(2) the avoidance of delay. Neither of these provisions have delivered what they promised and further procedural change through the Public Law Outline and the Private Law Programme have been introduced to divert cases from proceedings and reduce delay. The foundations for a family court set down in the Act appear at last to be being developed. However, the recently announced Family Justice Review means that the role and function of family courts is again uncertain.

The representation of children and their parents in public law proceedings since theChildren Act1989: high hopes and lost opportunities?

The Children Act 1989 revolutionised the way in which care proceedings were conducted. Gone were the rudimentary procedures of the old system, where parents and children had limited access to independent representation. Instead, the Act enabled the local authority, parents and children to be equally represented and for evidence to be presented in an open and accessible manner. The changes were widely welcomed and hailed as the most significant reform of children's law for decades. Drawing on academic, legal and policy literature, this article examines the changing nature and context for the representation of children and parents over the past two decades. While there have been developments that have strengthened the representation of children and parents, it is argued that more recent changes, including increased bureaucracy and the introduction of the Public Law Outline, may well have the effect of subverting the system introduced by the Children Act 1989 and of returning matters to the inadequate pre‐existing system.

A new approach to care proceedings

A new approach to care proceedings, introduced in April 2008 with revised Children Act 1989 Guidance Volume 1 and the Public Law Outline (PLO), a procedural guide for the courts, adds a semi-formal pre-proceedings stage. This paper critiques the aims and objectives of the pre-proceedings process in the light of what is known about the families who become subject to care proceedings. Drawing on the Care Profiling Study, the analysis of a random sample of 386 court files for care proceedings brought in 2004 and the Ministry of Justice's preliminary study of the operation of care proceedings under the PLO, it questions whether formalizing communication between the local authority and the parents immediately before proceedings can produce the intended benefits of diverting cases from the courts and improving the preparation of court applications. It considers how the new processes fit with existing safeguarding and planning procedures, the impact on workers and families, and whether the procedures will help produce good, long-term arrangements for children at risk of significant harm more quickly.

Partnership and the limits of procedure: prospects for relationships between parents and professionals under the new Public Law Outline

April 2008 saw the introduction of a new Public Law Outline (PLO) that aims to improve judicial case management of Public Law Children Act cases. The PLO is a response to concerns about the rising number of care proceedings, associated costs, and the difficulties of achieving case resolution given this volume. Based on an ethos that care proceedings should be avoided wherever possible, the new approach to case management, which places significant emphasis on pre-proceedings work and the effective engagement of parents, can be seen to reinforce the ‘no order principle’ enshrined in the Children Act (CA) 1989. Focusing specifically on relationships between parents and professionals, this paper provides a critical discussion of the potential of the PLO to further promote consensual practices with parents. Discussion traces the introduction of the concept of partnership within the CA 1989, provides a review of the evidence to-date of effective partnership working, before considering the prospects for the PLO with respect to parental engagement. A number of key contextual obstacles are highlighted that will inevitably undermine the aspirations of the new outline, and a more general observation is drawn about the limits of procedure in effecting change in complex social issues.