Care Proceedings: Are the 26-Week Statutory Limits Being Met in 2025?

Care proceedings in England and Wales are governed by the Children Act 1989, with the Children and Families Act 2014 introducing a statutory 26-week limit for concluding care and supervision cases. Designed to expedite decisions about children’s futures, this legal benchmark is crucial for safeguarding their well-being.

Are Care Proceedings in England and Wales Meeting the 26-Week Statutory Limit?

As of mid-2024, care proceedings in England and Wales often exceed the 26-week statutory limit. The average case duration was 41.2 weeks between April and June 2024, with 68% of cases surpassing the mandated timeframe, despite reforms aimed at improving timeliness.

Measures Implemented to Achieve the 26-Week Target

To address delays and improve efficiency, several reforms and targets have been introduced:

• Relaunch of the Public Law Outline (PLO) in January 2023
• Reduction in the number of expert witnesses used
• Limiting cases to three hearings each
• Focus on key decisions including:
  • Whether the care or supervision threshold is met
  • Provisions for permanence
  • Contact arrangements
  • Final orders

Additionally, the Family Justice Board has introduced new performance benchmarks:

• No open public law case should exceed 100 weeks
• Average duration of care and supervision cases to be reduced to 32 weeks
• At least 81% of new cases to be completed within 26 weeks by 31 March 2025

It remains to be seen if these ambitious targets will be achieved.

Legal Precedent and Its Implications

A key recent judgment, Re T [2025] EWCA Civ 93, underscores the importance of rigorous, case-specific risk assessments in care proceedings. The Court of Appeal emphasized that decisions to separate a child from their family must be underpinned by structured analysis and coherent reasoning.

Why This Matters

For parents, legal professionals, and social workers, staying informed about these developments is critical. Understanding the legal framework, the challenges in meeting statutory timeframes, and the evolving case law ensures more effective navigation of the care proceedings process.

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