Care application 26-week limit: CA 1989 s. 32
CA 1989 s. 32 requires courts to resolve care and supervision applications within twenty-six weeks, allowing eight-week extensions if necessary for justice.
A court in which an application for an order under this Part is proceeding shall (in the light of any provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b — draw up a timetable with a view to disposing of the application— without delay, and in any event within twenty-six weeks beginning with the day on which the application was issued; and give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to. Rules of court may— specify periods within which specified steps must be taken in relation to such proceedings; and make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that they are disposed of without delay. A court, when drawing up a timetable under subsection (1)(a), must in particular have regard to— the impact which the timetable would have on the welfare of the child to whom the application relates; and the impact which the timetable would have on the conduct of the proceedings. A court, when revising a timetable drawn up under subsection (1)(a) or when making any decision which may give rise to a need to revise such a timetable (which does not include a decision under subsection (5, must in particular have regard to— the impact which any revision would have on the welfare of the child to whom the application relates; and the impact which any revision would have on the duration and conduct of the proceedings. A court in which an application under this Part is proceeding may extend the period that is for the time being allowed under subsection (1)(a)(ii) in the case of the application, but may do so only if the court considers that the extension is necessary to enable the court to resolve the proceedings justly. When deciding whether to grant an extension under subsection (5), a court must in particular have regard to— the impact which any ensuing timetable revision would have on the welfare of the child to whom the application relates, and the impact which any ensuing timetable revision would have on the duration and conduct of the proceedings; and here “ ensuing timetable revision ” means any revision, of the timetable under subsection (1)(a) for the proceedings, which the court considers may ensue from the extension. When deciding whether to grant an extension under subsection (5), a court is to take account of the following guidance: extensions are not to be granted routinely and are to be seen as requiring specific justification. Each separate extension under subsection (5) is to end no more than eight weeks after the later of— the end of the period being extended; and the end of the day on which the extension is granted. The Lord Chancellor may by regulations amend subsection (1)(a)(ii), or the opening words of subsection (8), for the purpose of varying the period for the time being specified in that provision. Rules of court may provide that a court— when deciding whether to exercise the power under subsection (5), or when deciding how to exercise that power, must, or may or may not, have regard to matters specified in the rules, or must take account of any guidance set out in the rules.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision requires family courts to draw up a timetable to resolve care and supervision order applications without delay. The statutory deadline requires the court to conclude the proceedings within twenty-six weeks from the date the application was formally issued.
Courts may extend this period beyond twenty-six weeks, but only if an extension is necessary to resolve the case justly. Extensions are not granted routinely or as a matter of course. When an extension is granted, each individual extension can last no more than eight weeks.
When setting or revising timetables or deciding on extensions, the court must focus on the impact the schedule will have on the welfare of the child concerned and on the overall duration and conduct of the case.
When it applies
- A local authority issues a care order application and the family court establishes a timetable aiming to finish the case within twenty-six weeks.
- A parent asks the court to extend care proceedings past twenty-six weeks so that an independent expert assessment can be completed.
- A judge considers whether to grant an eight-week extension because crucial medical evidence regarding a child has been delayed.
What this section does not say
- Private child arrangement disputes between parents, which are governed by private law rules rather than Part IV public care proceedings.
- Local authority administrative reviews of children in care, which are governed by ca1989s.26.
- The threshold criteria required to make care or interim care orders, which are governed by ca1989s.31 and ca1989s.38.
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This page reproduces the text of CA 1989 s. 32 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.