1.2.6 Legal Planning Meetings |
Contents
- Purpose of Legal Planning Meetings
- Who can Convene Legal Planning Meetings
- Chairing Legal Planning Meetings
- Attendance at Legal Planning Meetings
- Timing and Duration of Legal Planning Meetings
- Recording of Legal Planning Meetings
- Legal Planning Meeting Administrator
- Review/Subsequent Legal Planning Meetings
- Legal Planning Meeting Checklist
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 LPM should also be arranged to consider the final Care Plan for care proceedings.
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. 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 an Initial Child Protection Conference or Review Conference, as a result of a Looked After Review or a Permanence Planning Meeting. In these situations a Legal Planning meeting must be held. Outside of these meeting, if a Social Worker, Manager, Lawyer, or other agency requests a LPM then the need for a LPM should be discussed with a Service Manager before the meeting is booked. If the Service Manager decides upon hearing the details of the case that a Legal Planning Meeting is not required, she/he must record the reason on ICS.
Consideration should always be given to holding a Legal Planning Meeting if a child is made subject to Police Protection. All cases must be discussed with the Service Manager who is responsible for making a decision about the need for a Legal Planning Meeting. If the decision is that a Legal Planning Meeting is not required then the Service Manager must record the reasons for this on ICS.
3. Chairing Legal Planning Meetings
Legal Planning meetings are chaired by a Service Manager 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. Pre-birth Legal Planning Meeting should always be held 10 weeks before the birth provided the case has been Referred to CSC before this time. If the referral is received later than this time, the Legal Planning Meeting should be held as soon as possible to allow for appropriate planning.
6. Recording of Legal Planning Meetings
Notes of Legal Planning Meetings should be circulated to all attendees and entered on the child/ren's record on ICS. The minutes should clearly record the decisions of the meeting and time-scales for actions must be recorded. Minutes must be circulated to the Legal Planning Meeting administrator who will ensure that actions are carried out within the set time-scales.
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.
7. Legal Planning Meeting Administrator
The role of the Legal planning Administrator is to ensure that the actions that have been agreed at Legal Planning Meetings have been carried out. The administrator will attend Legal Planning Meetings whenever possible and will minute the meeting. The Service Manager who chaired the meeting is responsible for agreeing the minutes. The administrator will send reminders to social workers and their managers about completing their agreed tasks and will alert the Service Manager for the Service area where the case is held when tasks are outstanding. It will be the responsibility of the Service Manager to follow up on outstanding tasks.
8. 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, once a decision has been made at a Legal Planning Meeting to commence legal proceedings, this can not be changed without re-convening the Legal Planning.
9. Legal Planning Meeting Checklist
1. Child(ren)
- Full name of child/ren:
- ICS No:
- Address:
- Dob:
- Ethnicity:
- Religion:
- Immigration status?
- Disability?
- IRO?
- School/nursery?
- Full name and same details for all other children:
- Full/half sibs?
2. Mother
- Full name of mother:
- Address:
- Dob:
- Ethnicity/religion:
- Immigration status?
3. Father(s)
- Full name father of each child:
- Address:
- Dob:
- Ethnicity/religion:
- Immigration status?
- PR for child/ren?
- How?
- Period of relationship with mother for each of the fathers:
- Lived together/married/lived separately:
4. Living Arrangements
- Where are children currently living?
- Since when?
- If children LAC, levels of contact;
- What is the current purpose of contact?
- Is it serving that purpose?
5. Family Issues
- Underlying issues:
- DV:
- Drugs/alcohol:
- Mental Health:
- Neglect:
- Learning difficulties:
6. Wider Family
- Possible alternative carers:
- Name:
- Address:
- Ethnicity:
- Age/dob:
- Background/involvement with family:
- Viability assessments of family permanency carers required:
7. Information Required and Checks that Need to be Done
- Birth certificates:
- Who to obtain:
- By ( date):
- Obtain passports:
- Adults are from which Local Authority area? i.e. where did they grow up/go to school/live as adults?
- Who:
- When:
- Legal records checks:
- Who:
- When:
- Any previous proceedings?
- Child/ren previously on CPR/subject to Protection Plan?
- Dates:
- Other reports and records:
- Single/ joint/inter-agency records:
- Health/developmental issues? Agencies already involved: LISA checks?
- Education reports and records?
- Previous strategy discussions?
8. Assessments - Existing and Required
Adults
Mother
- Key Issues -Assessment:
- Who/ by when?
Key issues to be covered are:-
Parenting
- Psychiatric/Psychological;
- Substance/alcohol abuse;
- Drug testing;
- HIV HEP B and C?
- Mental Health;
- Domestic Violence/relationships;
- Learning Difficulties;
- Immigration Status.
Father(s)
- Assessment:
- Who/ by when?
Key issues to be covered are:-
Parenting
- Psychiatric/Psychological;
- Substance/alcohol abuse;
- Drug testing;
- HIV HEP B and C?
- Mental Health;
- Domestic Violence/relationships;
- Learning Difficulties;
- Immigration Status;
- Genogram, with contact details to be prepared by ( date);
- FAMILY chronology to be prepared by ( date);
- Organise Pre-action Protocol meeting -proposed date:
- Letters before proceedings;
- Agree format;
- Set dates for meeting and review;
- Scope standards for success / court issue criteria;
- Organise Family Group Conference- proposed date:
- What information will we give them?
- What do we need them to decide?
- What information do we need from them?
- Agree agenda and timing of FGC;
- Consider attendance of SW/viability SW ( if any)- to assess parental ability to work with others and to meet the family.
- Obtain adults consent for disclosure of their medical records;
- Identification of possible alternative carers ( blood relatives OR existing relationship with CHILD/REN only).
Child(ren) - Assessment
- Developmental and health;
- HIV Hep B and C;
- Who/when for health assessments?( dates to be entered on ANNEX C);
- Mothers consent to medicals and testing to be obtained by?
- Psychiatric/psychological -who/when?
- Attachment? To adults/other siblings;
- Contact notes.
9. Particular Concerns for Pre-birth Meeting
- Arrange testing of baby's first urine after birth - SW to arrange;
- Testing for HIV Hep B and C- SW to arrange with mother -permission before birth;
- Placement - interim and long term;
- Sibling placement - together? Will it meet all the children's needs?
- Post - birth placement for mother- plan to avoid unnecessary and foreseeable moves and changes of carer for the baby;
- Post birth contact - who will be the primary care giver?
Family placement - ONLY AFTER ASSESSMENT
Interim Care Plan ( if applicable)
- Child(ren);
- Placement;
- Contact;
- Health developmental therapeutic issues;
- School/nursery.
To do Next
- Write pre-action protocol letter;
- Parental consents to further enquiries for both themselves and child/ren required - SW to request- date?
- Placement planning;
- What do we want to happen, and by when?
- Agree review dates;
- NEXT LPM - date:
- General history and information, and reason for convening LPM.
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