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3.1 Legal Planning Meetings (Under Review)

AMENDMENTS

This Chapter was amended in February 2012 to clarify required authorisation for Legal Planning meetings on a matter not before the Court.


Contents

  1. Purpose of Legal Planning Meetings
  2. Who can Convene Legal Planning Meetings
  3. Chairing Legal Planning Meetings
  4. Attendance at Legal Planning Meetings
  5. Timing and Duration of Legal Planning Meetings
  6. Recording of Legal Planning Meetings
  7. Review/Subsequent Legal Planning Meetings


1. Purpose of Legal Planning Meetings

When it is clear that the protection or welfare of a child cannot be achieved by agreement with the parents or the security of a legal order is necessary to ensure the viability of a plan for a child, a Legal Planning Meeting should be convened. Legal Planning Meetings may also be convened where it is being considered that a child should be reunited within their family.

A Legal Planning Meeting will always be held when a Care Order, Secure Accommodation Order or other orders are being considered; and should be considered when a child has been Accommodated for a period longer than six weeks, particularly if the child is under 12.

A Legal Planning Meeting may also be convened in circumstances where it is thought that a legal order may be required in order to assist in the permanence planning for children, whether that is a return to the family or to achieve permanence elsewhere.

A Legal Planning Meeting will be chaired by a Senior Manager, and involve a lawyer from Legal Services/Social Care Legal Team. Consideration should also be given as to whether it would be advisable to have a colleague from another agency or service (such as Adoption or the Child Protection and Care Planning Service) present.

It is an opportunity to discuss a case fully, and to consult with colleagues to ensure that children are the subject of active case management.

The role of the legal representative is to advise about the legal possibilities for achieving the desired aim and to give a view about the quality of the evidence available.

In order to enable a full discussion to take place, the following must be available:

  • A robust assessment;
  • An up to date Chronology;
  • A Plan or a clear indication that options for a plan have been considered;
  • A Genogram.


2. Who can Convene Legal Planning Meetings

The decision to hold a Legal Planning Meeting may be made following a recommendation from a Child Protection Conference, as a result of a LAC review, a Permanence Planning Meeting, or on the request of a Social Worker, Manager, Lawyer, or other agency. A LPM on a matter not currently in court can only be held if a Deputy Head of Service or above authorises the meeting and confirms this when the LPM record is completed.


3. Chairing Legal Planning Meetings

Legal Planning meetings are chaired by a Head of Service and contemporaneous notes taken.

There is a standard Agenda which should be followed.


4.Attendance at Legal Planning Meetings

The following can be invited to attend a Legal Planning Meeting: Social Worker; Team Manager; Child Protection Co-ordinator; Any other professional who has first hand evidence and may be a potential witness; Those who may be involved in the provision of services integral to the order being sought.


5. Timing and Duration of Legal Planning Meetings

The timing of a Legal Planning Meeting is likely to be determined by the urgency of court proceedings and the need to allow sufficient time for necessary preparation.


6. Recording of Legal Planning Meetings

Notes of Legal Planning Meetings should be circulated to all attendees. These are legally privileged and should not be made available to parents or other parties in any potential proceedings without the permission of the chairperson or Director.

Social workers should record the outcome of any legal planning meetings or discussions with legal using restricted case note or document types on Frameworki as this information is privileged, (see Recording of Court Proceedings and Legal Advice on Frameworki Procedure).


7. Review/Subsequent Legal Planning Meetings

The meeting should consider whether further Legal Planning Meetings are necessary and if so, when. It may be that new information emerges which requires a change of plan for the child. In this event , the LPM must be reconvened in order to consider the implications for the legal plan.

End