Q&As

Can I extend the 26–week time limit for care proceedings? If so, how?

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk

Published on: 22 November 2017

Section 32(1)(a) of the Children Act 1989 (ChA 1989) requires the court to draw up a timetable with a view to disposing of an application brought under ChA 1989, Pt IV:

‘(i) without delay, and
(ii) in any event within twenty-six weeks beginning with the day on which the application was issued.’

See Practice Note: Public law children procedure—Public Law Outline—Timetable for the proceedings and the child.

Despite this provision setting out a clear time frame of 26 weeks within which care proceedings should be completed, the court can grant exceptions to the 26–week time limit. ChA 1989, s 32(5) provides that a court may extend the time limit 'if the court considers that the extension is necessary to enable the court to resolve the proceedings justly’. When determining such an application, the court must have particular regard, pursuant to ChA 1989, s 32(6), to:

•
the impact which any ensuing timetable revision would have on the welfare of the child, and

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Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

Jurisdiction(s):

United Kingdom

Key definition:

Public Law Outline definition

What does Public Law Outline mean?

The Public Law Outline (PLO) is the legislative framework within which public law children proceedings must be dealt with including care and supervision proceedings under Part IV of the Children Act 1989.