Stephensons LLP Examine the Children and Families Bill 26 Week Care Proceedings Limit

Feb. 18, 2013 - PRLog -- Care proceedings is a process that is triggered when the social services team of a local authority makes an application for a care order or a supervision order relating to a child within its area.  A supervision order will provide extra support for a parent caring for a child if the local authority feels this is necessary.  A care order will essentially place the child ‘in care’ and will give the local authority parental responsibility for the child.  This will allow the local authority to override the wishes of the parent if it believes this is in the best interests of the child – it doesn’t take parental responsibility away from a mother and/or father altogether.

The draft Children and Families Bill contains provisions that propose a 26 week limit on the process of care proceedings, and this suggestion has become the focus of some debate as the bill makes its way through parliament.  Earlier this month, the government’s proposed new time limit was heavily criticised by several prominent industry groups who even went so far as to say that the 26-week limit was a ‘potentially unlawful interference with judicial discretion.’  Representatives from the Law Society, Family Law Bar Association and Association of Lawyers for Children were quick to accept that unnecessary delays in care proceedings would have a negative effect on the children involved, but pointed out that, practically speaking, the 26 week limit simply would not work in most cases.  In written evidence to the justice committee, the Law Society said “Cases involving complex fact-finding, those involving large families or absent family members, or where a child has complex medical needs, such as a disability, will rarely be resolved in under 26 weeks.”

Instead of having a set timetable, the justice committee was told that it was preferable for each child to be considered on an individual basis, with a separate timetable based on their own circumstances.  Whilst the draft bill allows for an extension of up to eight weeks to this time limit in exceptional circumstances, the point was made that the need to return to court every eight weeks would increase the burden on the judiciary, as well as introducing more scope for the kinds of delays that the bill was designed to resolve in the first place.  Further delays would result from the fact that a case could not go beyond 26 weeks and so, in terms of listing, if it did go beyond this time it would effectively fall to the back of the queue – resulting in more delays.  In its evidence to the committee the Family Law Bar Association stated that the system is already in crisis and that what is required is ‘actual justice not quick justice,’ which is what the 26-week limit would represent.

Martha Cover, who is Co-chair of the Association of Lawyers for Children, stated that a target such as this is a positive step but that it could not be a strict deadline as it could interfere with the rights of both the parents and the child to have a fair trial.  The bill continues to progress and is expected to be introduced in early 2013.

http://www.stephensons.co.uk/site/services/individuals/srvfamily/familyoverview/