Letter Before Proceedings & PLO Solicitors

If you have received a Letter Before Proceedings from Social Services, it means that the Local Authority has serious concerns about a child’s welfare and is considering whether care proceedings should be issued. Social Services can only ask the court for a Care or Supervision Order if they believe they can satisfy the threshold for significant harm under Section 31 of the Children Act 1989 – receiving this letter means they believe that threshold may be met.

It is important to remember that a social worker cannot decide to remove a child from their parents’ care. In most cases, a child can only be removed if the Family Court authorises their removal. There are, however, exceptional circumstances in which the police can exercise their powers of protection for up to 72 hours.

Receiving a Letter Before Proceedings does not mean that your child will automatically be removed from your care. However, it does mean that Social Services believe the concerns are serious enough to justify formal legal intervention. In many cases, this stage represents the last chance to address those concerns before an application is made to the Family Court.

Led by James Ferry, our Public Family Law team regularly represents parents and others with parental responsibility throughout the pre-proceedings process. We can advise you before the first meeting, attend meetings with you, challenge concerns, and help you understand what steps may reduce the likelihood of care proceedings being issued. This can be a very confusing time for parents. It is important that you fully understand the process, the concerns being raised, and the options available to you.

If you are a parent, or hold parental responsibility for the child, you are automatically entitled to Legal Aid for this stage under the non-means-tested Family Help (Lower) scheme, regardless of your income or savings.

What Is a PLO Meeting?

PLO stands for Public Law Outline. A PLO meeting is a formal meeting involving the parents, their solicitor, Social Services and the Local Authority’s legal representative. The purpose of the meeting is to discuss the concerns that have led to the Letter Before Proceedings and what changes Social Services believe are necessary moving forward.

Parents are usually asked to sign a written agreement, sometimes referred to as a statement of expectations, setting out the steps expected of them. Depending on the circumstances, this may include engaging with support services, attending assessments, addressing concerns raised by professionals, or taking other practical steps designed to improve the child’s situation. The agreement is not legally binding, but if its terms are breached, Social Services may treat that as grounds to escalate the case towards care proceedings.

The meeting is an important opportunity to ensure that your position is properly understood and that any misunderstandings or inaccuracies are addressed at an early stage.

What If I Disagree With Social Services?

It is not uncommon for parents to disagree with some or all of the concerns raised by Social Services. In some cases, the disagreement relates to factual inaccuracies. In others, parents may feel that professionals have only been given part of the picture, or have failed to recognise recent improvements.

Some concerns are straightforward and supported by clear evidence. Others can be more subjective. For example, professionals may disagree about issues such as parenting decisions, the level of independence given to an older child, or whether sufficient progress has been made since Social Services first became involved.

It is important not to assume that you must simply accept every concern raised. Equally, it is important to understand which concerns are likely to carry significant weight if the matter progresses to court.

We will carefully review the concerns raised by Social Services and advise whether there are aspects that can properly be challenged. Where concerns are well-founded, we can also advise on the practical steps that may help demonstrate positive change and reduce the likelihood of care proceedings being issued. We will also ensure that the concerns are presented in a way which can be easily understood. In our experience all too often abbreviations or more technical works are used, which are not always easy for parents to understand.  

What Happens After a PLO Meeting?

Following the meeting, Social Services will usually set out what changes they expect to see and arrange one or more review meetings, typically every six to eight weeks. During this period, they will continue to assess the family’s circumstances and consider whether the concerns that led to the Letter Before Proceedings are being addressed.

Broadly speaking, there are three possible outcomes:

• No further action is required.
• The family remains supported under a pre-proceedings plan.
• The Local Authority decides to issue care proceedings.

Not every case progresses to court. In many cases, the focus is on demonstrating positive change and addressing the concerns that have been identified.

How Long Does the Pre-Proceedings Process Last?

There is no fixed statutory timescale for the pre-proceedings process itself. Some cases conclude within a matter of weeks, while others continue for several months, depending on the nature of the concerns and the progress being made. Once care proceedings are issued, the court must work to a 26-week statutory timetable, but that clock does not start until the application reaches court.

The Local Authority does not have to wait for a particular period to expire before issuing court proceedings. If Social Services believe that a child is at risk of significant harm, an application to court may be made sooner.

How Our PLO Solicitors Can Help

We regularly represent parents, and others with parental responsibility, throughout the pre-proceedings process and understand the importance of obtaining legal advice early.

We can:

• Review the concerns raised by Social Services and challenge inaccurate or incomplete assessments
• Prepare you for PLO meetings and attend meetings with you.
• Advise on the expectations being placed upon you.
• Represent you if care proceedings are later issued.

Our aim is to ensure that you understand the process, your position and the options available to you from the outset.

What Happens If Care Proceedings Are Issued?

If Social Services decide to issue care proceedings, the case will move into the Family Court system.

The court will consider the Local Authority’s concerns, hear evidence from all parties, and decide what arrangements are in the child’s best interests.

You can read more about the court process on our Care Proceedings Solicitors page.