The implementation of the Public Law Protocol in Greater Manchester leads to decline in the number of Care Applications

His Honour Judge Iain Hamilton, Designated Family Judge for Greater Manchester circulated his comments in relation to implementation of the PLO in Greater Manchester on the 8th July 2008, stating that "the overwhelming view of the very experienced public law ticketed Circuit Judges and District Judges is that the PLO has added little of real benefit to improve the forensic practice of how public law cases are dealt with within Greater Manchester." Various difficulties in relation to the PLO Forms and Orders are highlighted, particularly in relation to the introduction of standard Forms and Orders. The format of the Forms and Orders has led to practitioners failing to draw Orders properly. There is a proposal that the Greater Manchester PLO Implementation Working Group will consider the issues relating to these difficulties, with a view to issuing some guidance for local authorities and practitioners in due course.

The article notes that there has been a significant decline in the number of public law proceedings issued by local authorities in Greater Manchester – a fall of 52% in April and 57% in June has been identified. His Honour Judge Hamilton comments that "It is difficult to know whether that is simply a reflection of the difficulties and uncertainties generated by the different requirements of the PLO, or whether it is a response to the 'fee issue'". He goes on to state "On any view, however, it is worrying that there should be such a significant decline in the number of cases being started."

His Honour Judge Hamilton goes on to mention some positive developments that coincided with the introduction of the PLO, in particular mentioning that Judges have been impressed by the quality of Guardians’ case analysis and recommendation reports – "It is recognised that this has been a real benefit to the judiciary in enabling them and the parties to focus better on the real issues from an early stage in the proceedings. The impression is that the PLO requirements have also enabled the parties’ legal advisors to focus more effectively on the appropriate expert to seek to instruct."

Of apparent concern to the judiciary is that specialist family law practitioners are becoming less inclined to undertake publicly funded work, as a result of financial constraints, notably the Legal Services Commission's introduction of fixed fees for public law cases. An example is given of Wythenshawe in Manchester, which has one of the largest housing estates in Europe – the area no longer has a firm of family solicitors which offers publicly funded advice for family law problems.