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24 July 2008 / Penny Cooper
Issue: 7331 / Categories: Features , Public
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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

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The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
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Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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