When a local authority has serious concerns about a child’s safety or welfare, they may begin what’s known as the Public Law Outline process. Often referred to as the PLO process, this is the formal pathway used to explore those concerns before making an application to the family court. It gives parents a final opportunity to address any issues and avoid court proceedings where possible.
At ASA Solicitors, we support families through every stage of the PLO process. We know how stressful and confusing this situation can be. The process can affect your parental rights, your relationship with your child, and your ability to make decisions about their care. That’s why it’s vital to understand how it works and what steps you can take to protect your position.
The Legal Basis and Key Principles of the PLO Process
The PLO process is based on guidance issued under the Children Act 1989. These rules ensure that care proceedings are handled fairly, efficiently, and in a way that protects the best interests of the child.
The PLO process begins before any court application is made. It is designed to give parents a clear explanation of the concerns raised by social services, what needs to change, and a chance to show that the issues can be resolved without the court needing to intervene.
Importantly, the court will only make a care or supervision order if certain legal conditions, known as threshold criteria, are met. These criteria relate to whether a child is suffering, or is likely to suffer, significant harm due to the care they are receiving, or lack of proper care.
When Does the PLO Begin?
The PLO process begins when a local authority believes a child may be at risk of significant harm, and earlier attempts to work with the family have not led to enough improvement. These concerns could relate to issues such as neglect, emotional or physical abuse, substance misuse, domestic violence, or failure to provide safe and consistent care.
Before formally starting the PLO process, social services will usually hold an internal Legal Planning Meeting. This involves senior social workers and legal representatives reviewing the case to decide whether it meets the threshold for PLO. If so, a letter will be sent to the parents inviting them to a Pre-Proceedings Meeting and outlining the concerns that must be addressed.
Main Stages of the PLO Process
Once the PLO process has been triggered, there are several key stages that follow:
1. Letter Before Proceedings (PLO Letter)
Parents receive a formal letter from the local authority setting out the concerns and inviting them to attend a meeting. This letter also advises them to get legal advice and explains that legal aid is available. The letter is a clear signal that unless positive changes are made, the local authority may issue care proceedings.
2. Pre-Proceedings Meeting (PLO Meeting)
This meeting brings together the parents, their legal representative, and the local authority’s legal team. The concerns are discussed in detail, and a plan is agreed upon, often called a written agreement or support plan. This sets out what the parents must do to reduce the risk to the child.
3. Period for Change and Support
After the meeting, the local authority will monitor the situation while giving the parents time and support to make the required changes. This period usually lasts around six to twelve weeks. Support may include parenting courses, substance misuse services, or domestic abuse support programmes.
4. Review Meeting
At the end of the agreed period, the local authority will review the case. If there has been sufficient progress, the PLO process may end. If concerns remain, the authority may decide to issue care proceedings and apply to the court.
Threshold Criteria and Court Orders
Before a court can make a care or supervision order, it must be satisfied that the legal threshold under Section 31 of the Children Act 1989 has been met. This means there must be evidence that the child is suffering, or is likely to suffer, significant harm and that this harm is due to the care they are receiving, or not receiving, from a parent or carer.
If the matter goes to court, the local authority may apply for different types of orders, depending on the circumstances. These could include:
- Care Order: Gives the local authority parental responsibility for the child.
- Supervision Order: Requires the local authority to advise and support the family while the child remains at home.
- Emergency Protection Order or Interim Care Order: Short-term orders used to protect a child immediately while the case is ongoing.
Parental Rights During the PLO Process
Throughout the PLO process, parents have important legal rights that must be respected:
- Right to free legal advice: All parents with parental responsibility are entitled to legal aid for the PLO process, regardless of their income.
- Right to be informed: You must be given a clear explanation of the concerns and evidence against you.
- Right to respond: You have the opportunity to put forward your side of the story and explain what steps you are taking.
- Right to support: The local authority must offer support services to help address the concerns.
- Right to reasonable time: You must be given a fair opportunity to make changes before any court action is taken.
- Right to legal representation: You have the right to have your solicitor present at all PLO meetings.
- Right to updates and reviews: You must be kept informed about any developments or decisions relating to your case.
What Could Happen After the PLO Review
At the end of the review period, the local authority will decide whether enough progress has been made to ensure the child’s safety and well-being.
If the concerns have been addressed and there is evidence of sustained improvement, the PLO process may be closed without going to court. In this case, support might continue on a voluntary basis, but there would be no formal legal action.
If there has been some progress, but not enough to resolve all concerns, the local authority may choose to extend the PLO period. This would give parents more time to make the necessary changes, with continued support and monitoring.
However, if insufficient progress has been made or the risks remain high, the local authority may decide to issue care proceedings in the family court. This would involve applying for temporary orders, such as an Interim Care Order or Emergency Protection Order, and the court may consider placing the child in foster care or with relatives while the case is ongoing. Evidence from all professionals involved would be presented, and parents would have the opportunity to respond with legal representation.
How to Prepare for a PLO Meeting and What You Can Do
If you’ve been invited to a PLO meeting, it’s essential to take the process seriously and prepare thoroughly. Here are some practical steps:
- Seek legal advice straight away. You are entitled to free legal aid, and a solicitor specialising in care proceedings can guide you through the process from the start.
- Take part actively. Attend every meeting, ask questions, and follow the agreed plan closely.
- Gather evidence to show your efforts. This could include medical letters, school attendance records, or certificates from support programmes.
- Keep track of the support offered by social services and how you’ve engaged with it.
- Understand clearly what changes are being asked of you and how progress will be measured.
- Involve trusted family members who may be able to help or step in as alternative carers if necessary.
