When social services raise serious concerns about your child’s welfare, it can feel terrifying, says Mat Derbyshire. You’ll be experiencing a huge range of emotions and worries, including the fear of being taken to court or potentially losing your child.
Mat Derbyshire, Head of Children Law at Tallents Solicitors
As Head of our Children Law team at Tallents Solicitors, I want to emphasise how crucial it is for parents to engage properly with the pre-proceedings process, which is also known as the PLO (Public Law Outline) process. Done right, this early phase often leads to outcomes far better than public law court orders, helping you avoid the trauma, stress, and uncertainty of full court proceedings.
What is the Pre-Proceedings (PLO) Process?
Under statutory guidance, before a local authority usually launches care or supervision proceedings, it must follow a pre-proceedings phase, giving families an opportunity to work with social services to address concerns.
Here’s how it typically unfolds:
- The local authority issues a “letter before proceedings” summarising its concerns, highlighting what has been done so far, and outlining its expectations for future change.
- Parents are invited to a pre-proceedings meeting – alongside their solicitor – to discuss the concerns and agree a plan.
- A “period for change” (often 12 to 16 weeks, though this can vary) allows families to demonstrate progress, with regular reviews built in.
- At the end of the period, there is a final meeting to decide whether the local authority is satisfied that sufficient progress has been made, or whether court proceedings should be issued.
Why engaging in the process matters
In my experience, parents should engage in the PLO process for several reasons:
It’s a genuine opportunity to avoid going to court
One of the most powerful benefits of the PLO process is that it is genuinely intended to help families avoid court if possible. The guidance is clear that pre-proceedings should be used to explore voluntary arrangements and to see whether change can happen without the need for a full public law application.
When parents engage meaningfully, show commitment, and work with the local authority’s social workers – with experienced legal support – it often leads to improved outcomes and avoids the need for court altogether.
It brings structure, clarity, and predictability
Through the “letter before proceedings”, you get a clear summary of the authority’s concerns, what they expect from you, and the expected timeline for change. That clarity is critical: you know what’s being judged, what support you’ll receive, and what success looks like.
That structured “period for change” with reviews helps you track progress, and crucially, it also provides a fair chance to demonstrate that you can meet the local authority’s concerns.
Legal advice is available and essential
As a parent, you are entitled to legal advice during the PLO process. The “letter before proceedings” triggers your right to legal aid, and your solicitor can (and should) attend meetings with you.
Having legal representation is not just about protecting your rights, it’s also about ensuring you genuinely understand what is being asked of you, that the “plan for change” is realistic, and that the expectations are fair and proportionate.
Better-prepared cases if proceedings do follow
Even when change in pre-proceedings isn’t enough to avoid court, the work done during this phase pays dividends. Courts and practitioners increasingly recognise that good pre-proceedings preparation leads to more effective, better-managed cases.
In fact, as highlighted by judicial guidance, a case that “reaches the court in proper shape on Day 1 will proceed much more quickly and smoothly” than one launched without that groundwork.
Encourages meaningful inter-agency cooperation
One of the pre-proceedings process’s guiding principles is strong inter-agency working: social workers, legal teams, and parents working more collaboratively from an early stage.
This means that decisions are better informed, based on real assessment, and not taken lightly. It also helps ensure that all safe and realistic alternatives (for example, extended family care via family group conferences) are fully explored.
So, what are the risks of not engaging?
Honestly? This is not a time to bury your head in the sand and hope things will resolve themselves. If you do not engage in the pre-proceedings process, you risk sending a message to the local authority that you are unwilling or unable to cooperate. That, in turn, makes it much more likely that they will initiate care proceedings.
Moreover, you will lose the very real opportunities that this phase offers: to negotiate expectations, receive support, and potentially avoid the emotional and legal burden of going to court.
How we can help at Tallents Solicitors
At Tallents Solicitors, our Children Law team is experienced in supporting parents through the pre-proceedings process. Here’s how we help:
- Early advice: we will meet with you after you’ve received the “letter before proceedings” to explain your rights, what to expect, and how best to respond.
- Representation at meetings: we will attend pre-proceedings meetings with you, ensuring your voice is heard, your concerns addressed, and your capacity for change is fully communicated.
- Drafting and negotiating a realistic plan: we will help you shape and respond to the “plan for change”, pushing back where expectations are unfair or unrealistic.
- Monitoring and review: we will help you evidence progress, prepare for review meetings, and advise you about what to do if things do not go to plan.
- Preparation for court if needed: if court proceedings become inevitable, we will ensure all prior work is maximised in your case, so you enter court well prepared.
My final thoughts: why engaging early is not just a legal step – it can be a lifeline
From where I stand, as someone who has guided many parents through this process: engaging seriously in the pre-proceedings stage is not just a legal formality. It’s a real opportunity for families to be heard, to demonstrate change, to receive support, and in many cases, to avoid the trauma of full public law intervention.
And do remember that if you receive a “letter before proceedings” you will be eligible for free legal advice throughout the process under the legal help scheme if you are a parent or hold parental responsibility for the child(ren).
So, if you are facing a PLO letter or an impending pre-proceedings meeting, please don’t face it alone. Get specialist legal advice, ask challenging questions, insist on fairness, and most importantly, engage.
At Tallents Solicitors, we are here to support, guide, and advocate for you every step of the way.
If you would like to speak to me or one of my experienced Children Law team about your situation, please contact us via our website, or call one of our three offices in Mansfield, Newark or Southwell.
We also offer a FREE phone-in Family Law clinic every Tuesday evening, 5-7pm. Just call 01636 813411 to speak to one of our team in confidence.
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This article is intended for general guidance only and does not constitute legal advice. Every family is different; for advice specific to your circumstances, please get in touch with Tallents Solicitors for an initial consultation.
