Public Law Outline

Understanding the Public Law Outline.

When a Local Authority (council) becomes worried about a child’s safety or wellbeing, it can step in. In England and Wales, the rules for how this happens are mainly set out in the Children Act 1989, supported by something called the Public Law Outline (often shortened to PLO).

What is the Public Law Outline?

The Public Law outline is a framework that tells Local Authorities and Courts how to deal with serious child protection cases.

It is used when a Local Authority is considering asking the Court to make an Order about a child, for example:

• Placing a child in foster care
• Supervising how parents care for a child
• Or, in the most serious cases, removing a child from their parents’ care.

The aim of the Public Law Outline is to:

• Protect children from harm
• Make decisions fairly and quickly
• Ensure parents understand what is happening
• Avoid court cases where problems can be fixed without going to court

How does the Children Act 1989 fit in?

The Children Act 1989 is the main Law about children in England and Wales. It is based on a few key ideas:

1. The child’s welfare and safety come first. Courts must always put the child’s best interests above anything else.
2. Children should usually be brought up by their families. The Law recognises that, wherever possible, children should stay with their parents or the wider family, as long as it safe to do so.
3. Councils should only interfere when necessary. Councils cannot step in just because parenting is not perfect. There must be real concerns that a child is suffering, or is likely to suffer, significant harm.

The Public Law Outline is the practical system that helps put these principals into action.

When does the Public Law Outline start?

The process usually begins before any Court case. If a Local Authority is seriously worried about a child, it will often start something called the Pre-Proceedings stage.

The Pre-Proceedings stage:

At this stage:

• Parents are sent a formal letter, often called a letter before proceedings.
• The letter explains what the Local Authority is worried about.
• Parents are invited to a meeting with Social Workers.
• Parents are encouraged to get free legal advice.

The goal is not to punish parents, but to:

• Clearly explain the concerns.
• Give parents a chance to make changes.
• See what support parents may need.
• See whether the child can be kept safe without going to court.

If parents engage and the situation improves, the case may never reach the Court.

What happens if the case goes to Court?

If the Local Authority believes the child is still at risk, it may apply to the Family Court.

Under the Public Law Outline:

• The Local Authority must show clear evidence of harm or risk.
• Cases are managed tightly so they do not drag on for years.
• Most cases are expected to finish with about 26 weeks.

Who is involved?

Several people may be involved, including:

• Social Workers.
• Parents and their solicitors.
• The child, often represented by a guardian from CAFCASS (Children and Family Court Advisory and Support Service).
• The Judge who makes the final decision.

What decisions can the Court make?

Depending on the facts, the Court may decide to:

• Return the child home with support.
• Place the child with relatives.
• Make a Supervision Order, the Local Authority then monitors the situation
• Make a Care Order, their Local Authority shares or takes responsibility for the child.
• In rare case, adoption orders can be made.

The Court must always choose the least drastic option for the child.

Why is the Public Law Outline important?

For families, the Public Law Outline is important, because:

• it gives parents a clear warning before Court action.
• ensures parents have access to legal advice.
• Promotes fairness and transparency.
• Encourages early help rather than sudden removal.

For children it ensures that:

• Decisions are made quickly.
• Their voices are heard.
• Their safety and wellbeing is the main focus.

In summary, the Public Law Outline is not a law by itself. It is a structured way of applying the Children Act 1989 in serious child protection cases, with its main goals being:

• To protect children.
• Support families where possible.
• Make the process clearer and fairer.
• Avoid unnecessary court cases.

We at Johnson Astills know involvement with social services can be frightening. If you are being affected by any of the above, please get in touch with Johnson Astills to see how we can assist. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Care Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.