Child Care Solicitors

There is no doubt that child protection law is extremely important as it involves the safeguarding of minors. So, the 26-week care proceedings timeframe aimed at reducing the time taken completing important decisions about children's futures is well intended but is it adhered to in practice and is it effective?

What is the 26-week Timeframe?

Prior to its introduction, the absence of a specified timescale regarding child legal proceedings often led to prolonged and uncertain legal proceedings in child protection cases. Recognising this deficiency, Section 14(2) of the Children and Families Act 2014 was enacted to amend s. 32(1)(a) of the Children Act 1989. It inserts that a case must be concluded without delay; and in any event, within 26 weeks, beginning with the day on which the application was issued.

In essence, care proceedings should conclude within 26 weeks. This is of particular importance as child protection cases are time sensitive, and 26 weeks is a significant period of time for children to be subject to proceedings. However, there have been growing concerns that care proceedings are not adhering to the 26-week limit. The average duration for child protection cases in Luton is 32 weeks, Norwich is 34 weeks and East London is 30 weeks.

The 20-Point Plan

In an effort to streamline the implementation of the 26-week timeframe, Sir Andrew McFarlane and Sir Justice Keehan outlined a comprehensive plan aimed at expediting proceedings and prioritising the best interest of the subject child. The plan states that any urgent hearing should not delay the case management hearing and cases should conclude within 26 weeks. However, there are difficulties in the practical application of the guidelines. The complex nature of these court proceedings, court congestion, lengthy waits for listings and administrative bottle necks are some examples of the hurdles faced in adhering to the 26-week timeframe.

The Legal Complexities

Child protection cases often involve intricate legal matters and multifaceted family dynamics and as every family is different, there is no one set rule or pattern, which a case will follow. This, therefore, makes it difficult to adhere to rigid timelines. Court adjournments, appeals and emergent circumstances further exacerbate delays, often resulting in the 26-week period becoming an intangible benchmark, with many cases significantly surpassing this. Prolonged legal battles, which go beyond the 26 weeks, in certain situations can prolong a child’s exposure to harm and delay permanency, raising concerns about the true efficacy of this legislation.

While the introduction of the 26–week timeframe in child protection law marked a significant milestone in the quest for prompt justice, its practical implementation faces many challenges. Despite Sir Justice Keehan’s guidelines, the complex realities of child protection cases continue to undermine the effectiveness of the 26-week period. There is an ongoing tension between speed and due process, both of which are of course critical in child protection cases. Those within the legal profession must continue to ensure that the pursuit of justice never compromises the well-being of the children involved.

As was stated by Pauffley J in Re NL (A child) [2014] EWHC 270 (Fam), “Justice must never be sacrificed upon the altar of speed”.

About the Author

Laiba Baig is a Caseworker in the Child Care and Family department at Duncan Lewis Solicitors. She works within a team of solicitors, trainees and caseworkers under the supervision of Director Sophie Rayment. Joining the Child Care team in early 2024, Laiba’s role within the firm involves assisting the team with the day-to-day case progression across a wide range of public and private children cases.

For advice or assistance with a family or childcare matter, contact Laiba by email at LaibaB@duncanlewis.com or by telephone at 02079238533, or her supervisor Sophie Rayment at SophieR@duncanlewis.com or via telephone at 02070147388.

Duncan Lewis Solicitors

Duncan Lewis is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and Partners and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. We were most recently crowned Law Firm of the Year at the prestigious LexisNexis awards 2024.