Parents involved in Care Proceedings will almost always be told about the “26-week” timetable”. The law is clear that Care Proceedings should usually be concluded within 26 weeks, or around six months, from the date the application is made to the Court. For many parents, hearing this at the very start of Proceedings can feel alarming, particularly when the issues involved are complex and emotionally overwhelming.
The purpose of the 26-week timetable is to reduce the delay for children. The Court recognises that prolonged uncertainty about where a child will live and who will care for them can be harmful. For that reason, Judges are required to actively manage cases so that decisions are made as promptly as fairness allows. The timetable is intended to provide structure and focus rather than to rush parents or predetermine outcomes.
Many care cases take significantly longer than 26 weeks, often extending well beyond a year. There are a number of reasons for this. Local Authorities and Cafcass face staffing shortages, the number of Care Proceedings applications has increased, and expert assessments frequently take longer than anticipated. One of the main reasons care cases often overrun is that important information emerges late. This might include new concerns, previously unknown family members coming forward, or a change in the parents’ circumstances. Judges are cautious about making final decisions for children without understanding the full picture, particularly when the outcome could permanently change a child’s life.
In response to concerns about care cases overrunning, the Rt Hon Sir Andrew McFarlane, President of the Family Division, reissued guidance in 2023 emphasising that cases should only go beyond 26 weeks in truly exceptional circumstances. This guidance intended to bring Proceedings back on track.
That said, the law does allow Proceedings to be extended where this is necessary to achieve justice. Under section 32 of the Children Act 1989, the Court can grant extensions where additional time is essential to resolve the case fairly. Judges must carefully balance the need to avoid delay with the need to ensure that decisions are made based on proper evidence. As the Courts have repeatedly emphasised, justice must never be sacrificed simply for the sake of speed, even if the delay is widely accepted to be detrimental to a child’s welfare.
Judges in the Family Court are expected to manage cases robustly throughout, including holding parties to account where deadlines are missed. While this can feel strict, the intention is to prevent drift and to ensure that parents and children are not left waiting longer than necessary.
Ultimately the 26-week timetable exists to bring clarity and certainty, not to silence parents or cut corners. Where cases take longer it is because the Court has decided that more time is genuinely needed to reach the right decision. Understanding this framework can help parents navigate Proceeding with greater confidence, even during what is often one of the most challenging periods of their lives.
If Social Services are involved with your children, please get in touch with Johnson Astills to see how we can assist. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Care Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.
