Thread by @C_P_Resource

Attending the Public Law Working Group webinar.

10.30am – Welcome Jenny Coles, President of the Association of Directors of Children’s Services (ADCS)
10.40am – Keynote speech (1) - Sir Andrew McFarlane
10.55am – Keynote speech (2) - Mr Justice Keehan, Chair of the PLWG

Jenny Coles is urging us all to consider the tools provided by the report and come together. Best Practice Guidance and refresh of social work evidence template are a 'refresh'. Look out for more resources on ADCS website.

The pandemic continues to impact on all areas of our life and work - but some of the adaptions put in place may change our practices for ever. E bundles and remote hearings will be the norm. Continue to evolve but broadly welcomed.

But more work to do to ensure parents and carers can engage fully in these proceedings. Work did not stop with pandemic which is a testament to all in the system. But we are running on almost entirely good will.

We don't need short term respite but long term changes. Challenges of capacity and well being of workforce are acute. This represents opportunity to be bold and think differently.

We need greater investment and renewed focus in family support and prevention. Local Government funding falls by half while community need increases.

Will the legacy of the pandemic be greater understanding of early intervention? Failure to invest in early intervention is a false economy.

And now key note speech from the President of the Family Division. 904 participants! Fantastic to be able to communicate in this way to so many. This is a very important event. Aim is to transmit key messages from public law working group, so understood by all professionals.

Why are we doing this? What is the need for change? In 2018 Sir James Munby recognised the crisis and no clear strategy. Family courts already at capacity were experiencing sustained rise of applications in public law cases. System did not know why and how to meet demand.

The Family Rights Group undertook rapid review in 2018, to drill down into data, speak to all involved in the system and to offer explanations to increase in cases and recommendations for change. The Care Crisis Review found increase in cases coming to court.

Many of these cases had previously been worked in the community. Also significant move away from key principle of partnership of co-operation between social workers and families. So we had some outline of 'why' cases had increased.

Second question - what could be done? In Oct 2018 I asked Keehan J to set up the PLWG. We were clear that the group's work must be multi disciplinary and sector led. Work has grown organically from the start and sub groups established.

Role of section 20 accommodation fully considered for e.g. Membership of PLWG grew to over 60 - social workers, lawyers, etc. Striking thing demonstrated in their work is the degree of unanimity which has existed across all the professionals - identified key problems.

a genuine collaborative process which bodes positively for next stage - the implementation of the recommendations. Grateful for substantial and sustained work of the group - we all have reason to be grateful to them.

Final report was largely ready in Feb 2020 but postponed by COVID. But now more necessary than ever as we make inroads into COVID generated backlog. Not out of the COVID shadow but now is the time to publish and begin work of implementation.

the PLO has come through this scrutiny and found to be robust - social workers should have confidence in using it and should not be criticised by courts for taking time to do so. Being a social worker is a very tough job. Judges are conscious of well being of all.

this report is firmly aimed at meeting needs of children and helping judges and professionals to work together. We need a whole system culture shift. That is why today's gathering is important and for those not attending to get the messages quickly.

None of this is rocket science or even new. Very few require legislative or radical change. Need re-calibration of professional practice. Important to bear that in mind as it means that all the changes over we all have some degree of control. Changes are readily within our grasp.

This can and should happen quickly, in real time and starting today. Need to see change in 3/4 months. Implementation target of July seems entirely reasonable. Now handing over to other speakers.

Now Mr Justice Keehan and the body of the report. Echoes what the President says - this is not Judge led. Comes from contribution of ALL professionals across the system.

Can only give you key headlines and principles underpinning the report. It will require a shift in culture from all those involved in the system. High performing LA will say 'we are doing that already' - that's good. but many LAs and court centres are not achieving best practice.

We want to help all achieve best practice for the children involved in the system. Some LA have started implementing changes and this has seen a reduction in 40-60% of cases going to court - managed in community, safely and productively.

We want to emphasise central use of PLO -managing risk in the community and safely diverting children and family from the court proceedings. Those cases that do come to court need to move through system efficiently and fairly.

We want to discourage Judges from criticising LA who take time to implement the PLO and thus take time to reach court. Hope Ofsted take same approach on inspection.

Key themes - care proceedings must be seen as option of last resort. PLO represents genuine opportunity to work closely with families, to negate need for care proceedings. Working in partnership with families.

The child's safety must always be maintained and voice of child heard - energising wider family support is critical. Key to manage risk responsibly and in community. Decision to go to court should always be made by senior management.

Ask - what order are we seeking? What benefits? Why now? That should produce clear answers if this is in the welfare interests of the child. For PLO to succeed it is crucial parents have clear understanding.

We need to reduce number of applications on an urgent basis. Too many are issued urgently but in truth they are not. They become urgent because a delay in issuing or considering what should have been done.

Our collective view is that the number of cases which are truly urgent are small. They bring significant disadvantages - parents don't have time to get representation, guardians can't make inquiries. Sets case off on skewed way.

In respect of new born babies it is absolutely key that those proceedings are issued without delay and all documentation ready as soon as child is born. Court is often faced with LA coming along 5 days after birth and hospital wanting to discharge child. More planning essential.

Case management best practice - LA give as early prior notice to CAFCASS that proceedings are coming, so guardian can be appointed to start right away. We recommend after first hearing, short form orders only. Important that litigants can clearly understand what is ordered.

Judges need to understand what was ordered and it takes too long to complete long form orders (YES YES A THOUSAND TIMES YES)

Re-emphasise use of experts MUST pass test of 'necessity' - not 'helpful'. Strongly advise Judges to scrutinise applications for experts with greatest possible care. Concerned with delay and need to limit court hearings per case. Inevitable delay.

Listing of final hearings - most effective way is to list only after an effective IRH. Emphasis on 'effective'. Listing FH then is best use of court time. Also send powerful message that unless exceptional, care orders should NOT be made if children at home.

now section 20/76 accommodation. We emphasise that this is a useful tool in armoury of LAs and deployed in all manner of circs. BUT all too often there has been misuse and abuse of section 20. Separation of baby is rarely if ever justified under section 20.

Important and we recommend that purpose of accommodation should be regularly reviewed. I dealt with number of cases where children languished under section 20 for years and years. We include examples of where section 20 could be appropriately used.

Training and implementation vital - we have power points for each Best Practice Guidance to ensure uniformity. very grateful to @FamilyLawBar who will produce webinairs and to @ResFamilyLaw who will film them and sent out around the country.

Now the panel introduces themselves and will deal with questions in the Q and A. Cafcass, ADCS and Newport City Council. Chief SW for children and families in England @IsabelleTrowler and birth parent trustee of Family Rights Group. Ofsted.

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