Care Proceedings

When care proceedings begin, one of the first questions parents often ask is how long the process will take. Care proceedings are stressful and uncertain, particularly when decisions are being made about where a child should live. In England and Wales, care proceedings are generally expected to conclude within 26 weeks. This is roughly six months.

However, not every case finishes within that period. Some cases are resolved sooner, while others take longer because further evidence, assessments or hearings are needed. The court’s priority is not simply speed. It must make a decision that is safe, fair and in the child’s best interests.

What is the 26-week timetable?

The 26-week timetable was introduced to reduce delay for children. The principle behind it is that children need stability and should not be left waiting for long periods while adults make decisions about their future.

When a local authority issues care proceedings, the court will set a timetable for the case. This timetable will include hearing dates, deadlines for evidence, assessments and any expert reports. Everyone involved is expected to work within that timetable unless there is a good reason why more time is needed.

Does every case finish within 26 weeks?

No. While 26 weeks is the usual target, the court can extend proceedings if it is necessary to resolve the case properly. Extensions are not granted automatically. The court will consider whether the extra time is needed and whether delay would be harmful to the child.

For example, extra time may be allowed if a family member has come forward late and needs to be assessed, if an expert report is necessary, if there are linked criminal proceedings, or if important evidence has only recently become available.

What happens at the start of care proceedings?

The proceedings usually begin when the local authority sends an application to the Family Court. Parents will receive court papers setting out the concerns and the orders being requested. The first hearing often takes place quickly, especially if the local authority is asking for an urgent order.

At the early hearings, the court will consider interim arrangements. This may include whether the child should stay at home, live with a family member or move into foster care while the case continues. The court will also set directions for evidence and assessments.

What assessments may take place?

Assessments are often a major part of care proceedings. The local authority may carry out parenting assessments, risk assessments, viability assessments of family members and contact assessments. In some cases, the court may allow independent expert assessments, such as psychological or psychiatric assessments, medical reports or substance misuse testing.

These assessments help the court understand the risks, the parents’ ability to make changes and whether the child can safely return home or live with another family member.

Can delays happen?

Yes. Delays can happen for many reasons. Reports may take longer than expected. A parent or child may need specialist assessment. A relative may come forward as a potential carer. There may be new allegations, changes in circumstances or practical problems arranging hearings.

Although delay is discouraged, the court must make sure it has enough evidence to make the right decision. A short delay may be justified if it could make a real difference to the child’s long-term outcome.

What can parents do during the proceedings?

Parents should engage as fully as possible from the start. Attend hearings, meetings, assessments and contact sessions. Keep in touch with your solicitor and provide any information requested as quickly as you can. If the local authority has recommended courses or support, take advice about engaging with them and keep records of your attendance.

It is also important to be honest with your solicitor. If there are difficulties, such as missed appointments, relapse, relationship issues or housing problems, your solicitor can advise you on how to address them. Ignoring problems rarely helps.

Can care proceedings end early?

Yes. Some cases conclude before 26 weeks. This might happen if the local authority withdraws the application, if an agreed order is made, or if assessments show that the child can safely remain at home. In other cases, proceedings may end with a Supervision Order, Child Arrangements Order or Special Guardianship Order.

Early resolution depends on the evidence and whether the court is satisfied that the child’s welfare is protected.

What happens at the final hearing?

If the case is not agreed, there will usually be a final hearing. The judge will hear evidence from the parties and consider the local authority’s final care plan. Parents can give evidence and challenge the local authority’s case. The Children’s Guardian will also provide a view about what outcome is in the child’s best interests.

At the end of the final hearing, the court may make a Care Order, Supervision Order, Special Guardianship Order, Child Arrangements Order or no order at all.

What if the timetable changes?

If the court extends the timetable, it should explain why the extension is necessary. Parents should ask their solicitor what the delay means in practical terms, what evidence is still outstanding and whether there is anything they can do during the extra time. An extension can be frustrating, but it can also provide an opportunity to complete work, improve contact, secure housing, or allow a relative to be properly assessed.

Why legal advice is important

Care proceedings move quickly. Missing deadlines or failing to respond to evidence can affect your case. Parents involved in care proceedings usually qualify for Legal Aid, which means legal representation may be available without charge.

A solicitor can explain the timetable, help you prepare for hearings, advise on assessments and make sure your position is properly presented.

Final thoughts

Care proceedings should usually last no more than 26 weeks, but the court can extend the timetable where necessary. For parents, the best approach is to get legal advice early, understand the concerns and engage fully with the process. HRS Family Law Solicitors can guide you through each stage and help you work towards the best possible outcome for your child.