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Family Court – Time Scale Of Proceedings
Part of the concerns raised by the Family Justice Review was the time scale of proceedings in the family Court, and the effect damaging delays had upon the children concerned. The new Children and Families Act has addressed this matter; but for the better or worse?
How Long Do Care Proceedings Take in the Family Court?
If you are involved in care proceedings, one of the first questions you will have is: “How long will this take?” In most cases, care proceedings in the Family Court are expected to be completed within 26 weeks (around 6 months). However, the exact timeframe can vary depending on the complexity of the case.
The 26-Week Time Limit Explained
Under the Children and Families Act 2014, the court introduced a 26-week time limit for care and supervision proceedings. This was brought in to:
- Reduce delays that can negatively impact children
- Provide families with quicker decisions and certainty
- Ensure cases are handled more efficiently
The 26-week timeframe is not just a guideline, it is a target the court aims to meet in most cases.
Can Care Proceedings Take Longer Than 26 Weeks?
Yes. While 26 weeks is the standard timeframe, some cases take longer. The court can extend proceedings where necessary to ensure a fair and just outcome. Extensions may be granted if:
- The case involves complex medical evidence
- There are multiple expert reports required
- The court needs more time to assess parents or family carers
- New evidence emerges during proceedings
Extensions are usually made in blocks of up to 8 weeks, and the court must give clear reasons for any delay.
What Affects the Length of Care Proceedings?
Every case is different. The length of proceedings will depend on factors such as:
- The seriousness of the concerns raised
- Whether expert evidence is required
- The availability of family members as alternative carers
- How quickly assessments can be completed
- Whether the case is heard in the High Court
Straightforward cases may conclude within the 26-week timeframe, while more complex cases may take longer.
Are Faster Proceedings Always Better?
The aim of the 26-week limit is to avoid harmful delays for children. However, it has raised some concerns. Shorter timescales can mean:
- Less time for parents to demonstrate changes or improvements
- Limited opportunity to fully assess family placement options
- Increased pressure on all parties involved
The court must carefully balance speed with fairness, ensuring that decisions are made in the best interests of the child.
Frequently Asked Questions
How long do care proceedings usually take?
Most care proceedings are completed within 26 weeks, although some cases may take longer depending on complexity.
Can care proceedings finish sooner than 26 weeks?
Yes. Some cases conclude more quickly, particularly where the issues are clear and do not require extensive evidence or assessments.
Why do some cases take longer?
Cases may take longer due to expert evidence, complex circumstances, or the need for further assessments.
Will I have enough time to present my case?
The court aims to ensure all parties have a fair opportunity to present their case. If more time is needed, the court can extend proceedings where necessary.
Speak to a Care Proceedings Solicitor
If you are involved in care proceedings, getting early legal advice is crucial. The process moves quickly, and the decisions made can have a lasting impact on your family.
Our experienced solicitors can:
- Explain what to expect at each stage
- Help you prepare your case effectively
- Ensure your voice is heard throughout proceedings
Contact us today for confidential advice and support.
Please call us today to discuss your needs and how we may be able to help
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Established in 1982, at Brendan Fleming Solicitors* we specialise in Family Law, offering our clients expert legal advice in both Public and Private Law matters, including Care Proceedings, Non-Accidental Injury, Divorce & Children’s Proceedings and issues with Social Services.
Contact Brendan Fleming Solicitors* by emailing info@brendanfleming.co.uk or by calling 0121 683 5000
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