I’ve Received a Letter Before Proceedings – What Should I Do?

Receiving a letter before proceedings from your local authority can be an incredibly daunting and overwhelming experience. It is entirely natural to feel anxious, confused, or even frightened about what this means for you and your family.

However, it is important to know that there are steps you can take, and rights that you can exercise, to protect your position and work towards the best possible outcome for you and your children.

In this article, we will explain the significance of a letter before proceedings, what the pre-proceedings process involves, and the practical steps you should take as soon as possible.

What is a Letter Before Proceedings?

A letter before proceedings is a formal letter sent by the local authority as part of the Pre-Proceedings Protocol under the Children Act 1989 and the relevant Public Law Outline (PLO).

In simple terms, this means that the local authority has concerns about the children in your care that are significant enough to warrant them considering issuing care or supervision proceedings in the Family Court.

Crucially, however, the local authority has not yet issued proceedings. The pre-proceedings stage is designed to provide you with an opportunity to demonstrate that their concerns are unfounded or can be addressed. This is an important window of opportunity, and at this stage every action you take is significant in ensuring a desirable outcome.

It is important to understand that whilst receiving this letter is serious, it is not the end of the road. The purpose of the pre-proceedings process is to give families a chance to make changes and avoid the need for court intervention altogether.

You Are Entitled to Free Legal Representation

Firstly, it is vital that you seek legal advice as soon as possible after receiving a letter before proceedings.

Many people are not aware that, given the gravity and importance of the pre-proceedings process, you are entitled to non-means-tested, non-merits-tested legal aid at this stage. This means that you will automatically qualify for free legal representation, regardless of your income or the perceived prospects of your case.

You do not need to worry about the cost of instructing a solicitor. The Legal Aid Agency recognise that families facing the possibility of care proceedings must have access to proper legal advice and representation to ensure the process is fair.

At Farleys, our dedicated Family Department will represent you during the pre-proceedings process and work closely with you to ensure the best possible outcome for you and your children.

What Does the Pre-Proceedings Process Involve?

The Threshold Statement

The local authority will have set out their concerns in a document known as a threshold statement.

The statement will include any specific concerns the local authority has, and any evidence they rely on to support their concerns. It is important that you read this document carefully and discuss it with your solicitor, as understanding precisely what is being alleged is essential to being able to respond effectively.

The Pre-Proceedings Meeting (PLO Meeting)

The local authority will invite you to attend a pre-proceedings meeting, also commonly known as a Public Law Outline Meeting or PLO Meeting. This meeting is a central part of the process and will be your opportunity to discuss the local authority’s concerns directly with them.

At this meeting, you and your solicitor will have the opportunity to respond to the concerns raised, and provide context or challenge any inaccuracies. It is also an opportunity to put forward your own perspective on the situation. There will also be a discussion about what needs to change and what support or services may be available to help you make those changes.

Importantly, your solicitor is there to ensure that your voice is heard and that your rights are protected throughout the process. This is one of the key reasons why it is so vital that you seek legal advice as early as possible, so that your views and circumstances can be represented in the best possible way.

Stages Following the PLO Meeting

After the PLO meeting, the local authority will put forward a pre-proceedings agreement. This is a written document that forms the framework for the pre-proceedings period, and sets out the conclusions of the meeting, including the local authority’s specific concerns, what you are expected to do to address those concerns, and what the local authority will do to support you.

Your solicitor will review this agreement with you carefully, and assist you throughout the process and any assessments that the local authority requires to be carried out.

The pre-proceedings process typically lasts around 16 weeks, although this may vary depending on the complexity of the case.

At the conclusion of this period, the local authority will review the progress that has been made and determine the appropriate next steps. This could mean that intervention continues at a lower level (such as a Child in Need plan), that more time is needed for an ongoing assessment to be completed, or, if insufficient progress has been made, that care proceedings should be issued.

Throughout the entire pre-proceedings process, we will continue to evaluate your case, keep you informed, and ensure that you receive the best possible outcome at every stage.

What Should I Do Next?

If you have received a letter before proceedings, we recommend that you take the following steps as soon as possible:

1. Seek legal advice immediately from a dedicated family law team with experience in childcare proceedings. As mentioned above, you are entitled to free legal representation through the legal aid scheme at this stage.

2. Retain copies of all documents provided to you by the local authority, including the letter before proceedings itself, the threshold statement, and any other correspondence or assessments.

3. Read through all correspondence carefully and make a note of any important dates.

4. Engage openly, honestly, and to the fullest extent you can with the local authority and any professionals involved. Demonstrating a willingness to work with services and address concerns is one of the most positive steps you can take.

Pre-proceedings can undoubtedly be a daunting experience, and they should be taken seriously. That being said, they represent a valuable opportunity for you to demonstrate that the local authority’s concerns can be addressed, and to show that you are capable of ensuring your children’s welfare and safety.

As you are automatically entitled to legal aid funding, we strongly encourage you to contact a law firm with a dedicated family law team experienced in children’s matters at the earliest opportunity. At Farleys, our family law experts are here to guide you through the pre-proceedings process, to protect your rights, and to support you every step of the way. Contact us today on 01254 606008, by email, or through our online chat below.