Care proceedings should conclude within 26 weeks. This limit has been set by the Children and Families Act 2014.

Before this rule, cases commonly took over a year to conclude. This caused uncertainty for children and their families. Court delays can be harmful to children and families which is why cases should come to an end as soon as possible.

The courts overriding principle in these proceedings must be the children’s best interests – it is not in a child’s best interests for decisions about them to be delayed unnecessarily.

Time to show change

The 26-week time limit does not give parents long to address the Local Authority’s concerns.

As soon as care proceedings are issued, the clock starts ticking. It is very important that parents engage with professionals to address the concerns. It is therefore key to understand the concerns in the first instance.

It is not enough to start to make changes in the 26 weeks. The change needs to happen right at the start so then there is time to show that those changes can be maintained.

In some cases, it is likely that social services have worked with families for some time before court proceedings are issued, so parents will already have had an opportunity to recognise the Local Authority’s concerns and make changes. Care proceedings are therefore the last chance to show change and maintain that change.

This is also why it is important to work with professionals before proceedings to try and avoid Court proceedings altogether.

Can proceedings be extended?

In exceptional cases, care proceedings can be extended. Timescales can be difficult to manage, particularly if there are external factors which could impact the case. This can include delays in getting evidence from third parties such as medical professionals or the Police.

So, an extension of time in the proceedings will only happen in circumstances where all the required evidence to make final decisions has not been obtained. Other examples could include assessments of alternative carers if they have been put forward by a parent at a late stage, or a further assessment of a parent to show their commitment to changes they have made, such as abstinence from drugs and/or alcohol.

Additional time may be key in a case for a parent, especially in ones where it is possible that the only viable long-term care plan for a child is adoption which is a significant life changing decision for a child and parents.

Social services do not want to separate families. Professionals want to keep families together, where it is safe to do so. All cases require thorough exploration before final orders are made about the long-term plans for children which is why extensions may be granted. But it is not something that should be expected.

Regardless, the Court has to balance the child’s best interests and the parents right to a fair hearing against the 26-week rule. The right to a family life is a fundamental human right and must be given proper consideration, however parents should never lose sight of the fact that the overriding principle is that the welfare of the child is paramount and must come first.

Next Steps...

If you have any questions in relation to care proceedings, please contact me on freephone 0800 011 6666 or at legal@timms-law.com