header-logo header-logo

24 July 2008 / Penny Cooper
Issue: 7331 / Categories: Features , Public
printer mail-detail

The right protocol?

Penny Cooper considers the implications of the Public Law Outline

On 1 April 2008 the Public Law Outline (The PLO) Guide to Case Management in Public Law Proceedings replaced The Protocol for Judicial Case Management in Public Law Children Act Cases. On the same date the Department for Children, Schools and Families (DCSF) introduced revised statutory guidance for care and supervision order proceedings (“Court Orders” of the Children Act guidance under s 7 of the Local Authority Social Services Act 1970) and a new practice direction for the use and instruction of experts in family proceedings relating to children. These three documents are designed to complement each other and can be found at www.justice.gov.uk/guidance/careproceedings.htm.

What's Behind the PLO?

The PLO needs to be seen in the context of the last 17 years; in October 1991 the Children Act 1989 (ChA 1989) came into force, bringing a much greater emphasis on trying to keep families together, proactive case management by the courts and avoiding delay in care proceedings. It was envisaged that under ChA 1989, with strict case timetabling, many cases could be concluded

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll