Recent reports have highlighted ongoing and significant delays in care proceedings, with many cases exceeding the statutory 26-week time limit. In some situations, children are waiting over a year for decisions to be made about their long-term future. These delays raise serious concerns about the emotional impact on families and, most importantly, on the children involved.
Care proceedings are designed to provide clarity and stability at what is often a deeply challenging time. When cases are delayed, uncertainty can be prolonged, affecting everyone involved.
The 26-Week Time Limit explained
The Children and Families Act 2014 introduced a statutory requirement for courts to conclude care and supervision proceedings within 26 weeks. The intention was to ensure that children did not remain in prolonged uncertainty and that decisions about their welfare were made promptly.
In reality, however, this time limit is increasingly being exceeded. While courts can extend proceedings where it is necessary to ensure a fair outcome, the growing number of extensions has led to widespread concern across the family justice system.
Why are Care Proceedings being delayed?
There is no single reason for the delays currently being experienced. Instead, a number of contributing factors have been identified, including:
- Financial pressures on Local Authorities, limiting resources available for early intervention
- Increased numbers of care proceedings, placing additional strain on the courts
- Repeat proceedings, where parents are involved in multiple cases over time
- Complex cases, requiring detailed assessments and expert evidence
There is also a renewed emphasis on the importance of high-quality assessments, particularly during the Public Law Outline (PLO) process, to avoid delays later in proceedings. While thorough assessments are essential, they can contribute to longer timescales if not managed effectively.
The impact on children and families
Delays in care proceedings can be distressing for parents and wider family members, but the impact on children is particularly significant. Prolonged uncertainty can affect emotional wellbeing, attachment and development, especially for younger children who need stability and consistency.
Families may find themselves waiting months for clarity on issues such as where a child will live, what contact arrangements will be in place, and what support will be provided going forward.
The importance of early legal advice
If you are informed that the Local Authority is considering the PLO process or issuing care proceedings in respect of your children, it is essential to obtain legal advice as early as possible.
Solicitors play a vital role in guiding parents and family members through care proceedings, explaining the process, advising on rights and responsibilities, and ensuring that decisions are properly challenged where necessary. Independent legal advice can help ensure that your voice is heard and that the focus remains on achieving the best possible outcome for your children.
Support through Care Proceedings
At Hewitts, our experienced child protection solicitors regularly advise parents and families involved in care proceedings. We understand how daunting and emotional this process can be and provide clear, compassionate advice at every stage.
If you require assistance regarding care proceedings, the PLO process or concerns raised by Social Services, please do not hesitate to contact one of our offices. Our team is here to support you and provide trusted legal guidance when it matters most.
