The Children and Families Act 2014 introduced the Public Law Outline and with it, the 26-week time limit within which care proceedings should be concluded.
The main reason for introducing it was to impose a time scale for decisions about the futures of children involved in care proceedings.
Before the 26 week rule was imposed, cases were often taking over a year to conclude, causing uncertainty and stress to both parents and children alike who were involved in the case.
When the 26-week time limit was introduced, many practitioners in the family court system expressed concern that the strict time limit would result in parents not being given enough time to make important changes, or to address the reasons why care proceedings had been brought.
Others expressed concern that the necessary evidence would not be gathered and that decisions about children’s futures would be rushed.
So where are we now nearly 5 years on?
Since the introduction of the 26-week time limit, statistics tell us that on average, in half of the cases that come before the Courts, a care case takes up to 30 weeks to conclude.
Many family Judges continue to afford a degree of flexibility to the time-limit, as they are acutely aware that the decisions they make are likely to be life changing for the children who are subject to these proceedings.
Judges will be focussed on making sure that all of the relevant evidence is put before the Court before making any determination about what is in the best interests of the child.
As the number of care cases being issued by Local authorities shows no sign of slowing down; the family justice system faces new challenges to achieve the 26-week limit and avoid a return to a time when delay was the norm.
If you need further help and guidance regarding this subject you can find information on our Family webpage here, or you can contact the Family Team on 0800 011 6666.
