PUBLIC LAW OUTLINE: Family Division president unveils plan for childcare proceedings


Proper remuneration for advocates is essential if a new scheme for care proceedings is to work, the president of the Family Division has warned.



The Public Law Outline (PLO), announced last week by Sir Mark Potter, will replace the judicial protocol for the management of childcare proceedings. It lays down four key stages in the process - from the issue of proceedings and first appointment to the final hearing, with a case management conference and issues resolution hearing in between.



The scheme is intended to encourage greater judicial continuity and control, and build into the process early attempts to clarify or resolve issues.



Addressing a stakeholder meeting in Westminster, Sir Mark accepted that in some cases the judiciary had failed to get a sufficient grip on proceedings at an early stage. Training would be given to improve performance, he added.



Sir Mark said it was vital for the Legal Services Commission (LSC) to gear payment to the appropriate stages of the PLO and ensure advocates were properly remunerated.



Karen Mackay, chief executive of family lawyers' group Resolution, said the proposals looked good in principle, but warned that the issue of funding and a shortage of legal advisers in magistrates' courts may cause practical difficulties.



'We are walking into rather un-chartered territory - the proposed fixed fees have been calculated on a lot of guesswork and it's hard to know whether the fees will be adequate to cover all the early preparation required,' Ms Mackay said.



Caroline Little, joint chairwoman of the Association of Lawyers for Children, said: 'The PLO is good and we will continue to engage with it, but it is absolutely essential that it is resourced properly across the board.'



The LSC insisted that family fee schemes being introduced in October 2007 have been carefully calculated and refined as a result of consultation. Sara Kovach-Clark, head of civil policy development (family), said: 'It is important to stress that these new fees will not reduce the family legal aid budget.'



The PLO is being piloted in ten centres around the country, including London, and is out for consultation until September 2007. It will be implemented nationally in April 2008.



Catherine Baksi