What has changed?

The letter before proceedings is sent to the parent(s) and any other party who has parental responsibility to give the family one last chance to work with the local authority to keep the child safe before proceedings are initiated. The letter should:

• contain all the information in the Statutory guidance on court orders and pre-proceedings (PDF file)
• be expressed in plain language
• invite the parent(s) to a pre-proceedings meeting
• advise them to take the letter to a solicitor for advice.

The list of children law accredited solicitors that is attached to letters should be kept up to date by using the Law Society’s ‘Find a Solicitor’ facility on its website. The solicitor may help parents understand the concerns of the local authority and may attend the meeting with the parent. This may facilitate engagement during the meeting and help the parents remember and understand discussions.

A letter before proceedings may be used to invite parents to a meeting before proceedings. These are a good opportunity for the family to be in a room with the social worker, discuss concerns and plans for the child, and also have the benefit of independent legal advice.

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When writing a letter

• be honest and respectful
• ensure the letter is written clearly and is jargon free
• try to engage rather than alienate the parents
• be clear about the seriousness of the matter
• avoid delay but give reasonable notice of the meeting
• provide sufficient detail to inform the parents’ lawyer
• do not delay the letter by writing more than necessary
• make sure the letter fits with a child protection plan, if there is one
• identify and locate both parents, where the child is not living with both of them.

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Learning resources

• Natasha Watson, Brighton: pre-proceedings meeting and issues to be covered
• Julie Penny, Birmingham: letter before proceedings and formal pre-proceedings
• Uma Mehta, Islington: letter before proceedings
• Katherine Gieve: parents’ views on pre-proceedings
• Katherine Gieve: working with parents during pre-proceedings.

Good practice in arranging and conducting the pre-proceedings meeting is set out in Preparing for Care and Supervision Proceedings (MoJ, 2009) pp 9 – 14
[http://www.justice.gov.uk/downloads/protecting-the-vulnerable/official-solicitor/childrens-cases/prepcarenadsupervisionprocs.pdf ]

Good-practice during pre-proceedings and pre-proceedings meetings can also be found in the report by Masson ET AL (2013) Partnership by Law? The pre-proceedings process for families on the edge of care proceedings. School of Law, University of Bristol

Engaging with parents following the letter before proceedings

The Ministry of Justice has accessible information packs for parents that can be used by professionals to explain what the letter means and what the next steps are. This can be downloaded here.

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