A letter before proceedings is the letter that children’s services must send to a parent to start a pre-proceedings process. It should also be sent to anyone else who has parental responsibility for the child.
Take a look at this diagram to see five things the letter should include:
Click on the dropdowns below for more information:
1. Information about getting legal advice
Once a parent or person with parental responsibility receives a pre-proceedings letter, they are entitled to legal aid. This means they can get a solicitor to come to the pre-proceedings meeting with them without having to pay for this.Parents should take a copy of the letter to specialist children law solicitor. Or forward an email with a copy of the letter to the solicitor.
Most letters will include information about local specialist children law solicitors.
2. Concerns children’s services have and changes they would like parents to make
The letter should set out why children’s services are worried. It may include a timeline of children’s services previous involvement with the child and family. If the letter is not clear parents or their solicitor may want to write to children’s services before the meeting to ask for more information. This will help prepare for the meeting.
3. Plans for a pre-proceedings meeting
The letter before proceedings should invite parents to a pre-proceedings meeting. Parents should be given plenty of notice of the time and date of the meeting. And where it will take place. This includes if the meeting is going to be held over video call, or on the phone.The purpose of the pre-proceedings meeting is to agree a plan. The plan should address the concerns children’s services have. And aim to avoid the need to start care proceedings.
4. Details of any proposed assessments and support
During the pre-proceedings process, parents may be asked to have an assessment. For example, a parenting assessment. This will look at how they care (or would care) for their child. It will look into how they manage any difficulties at home. Some parents may be asked to have a psychological assessment. Or to take part in a domestic abuse course.Before asking a parent to take part in any assessment, children’s services should confirm:
- Why children’s services think that the assessment is necessary
- What the assessment will involve
- Who they suggest should do the assessment
- When it can start and how long it will takeWhat questions the person doing the assessment will be asked to answer
Parents will then be able to discuss this all with their solicitor.
Children’s services should state what extra help or support they plan to put in place for the family. And what the aim of this help is.
5. Information about involving wider family and friends
The letter may ask if there is anyone in the child’s family and friends’ network who can provide support to the parents. Extra help may help to address some of the concerns.The letter may ask if anyone in the wider family and friends’ network could care for the child. This might be in the short term whilst assessments are done. Or it could be in the longer term if the child can’t remain safely in their parents care.