header-logo header-logo

24 July 2008 / Penny Cooper
Issue: 7331 / Categories: Features , Public
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll