The Impact of Care Proceedings Delays

Legally reviewed by: Ravi Kaur Mahey May 2025 In: Child Care

The latest Family Court statistics reveal that although care proceedings are being completed quicker in England and Wales, care proceedings delays mean that their average duration still exceeds the 26-week statutory target.

On average, cases where councils applied for a care or supervision order that were completed in April to June 2024, took 41.2 weeks. This figure is down from a recent high of 44.8 weeks in January to March 2023. During this period, only a quarter of cases were disposed of in the 26-week statutory period, highlighting the ongoing care proceedings delays.

However, this figure has risen as of April to June 2024, with 68% of cases exceeding the limit, indicating persistent care proceedings delays, according to the Ministry of Justice’s latest quarterly statistics on the family courts system.

Furthermore, the number of applicants for High Court orders to deprive children of their liberty far surpassed those for orders to place children in secure homes in 2024.

Introduction of the 26-Week Limit

The Children and Families Act 2014 introduced a 26-week limit for courts to dispose of applications for care or supervision orders. This is in an effort to provide certainty for children. When courts are extending this limit, they must consider the impact doing so can have on the welfare of the child.

Shortly after the introduction of the 26-week limit, case duration dropped, reaching 26.2 weeks on average between October to December 2016. However, this figure has been rising. The numbers rose significantly from 2016-2018 before another increase during the pandemic.

The First Launch of the Public Law Outline to Tackle Lengthy Proceedings

In January 2023, Sir Andrew McFarlane, president of the family division of the High Court, relaunched the public law outline (the PLO), the procedures which govern care proceedings, in order to tackle the length of proceedings.

The PLO outlined:

minimising the use of expert witnesses
keeping the number of hearings to three per case
limiting the court’s decision-making to whether the care or supervision order threshold was met, permanence provisions, contact arrangements and final orders.

Since the introduction of the PLO, the average case length has steadily fallen. However, the figure is still not at the 26-week target.

The Second Launch of the Public Law Outline This Autumn

Due to targets still being far from the mark, at the end of July 2024, Sir Andrew stated that “unacceptable backlogs” remained, despite progress in the right direction.

As a result, Sir Andrew plans to “reinvigorate” the PLO relaunch this autumn. This includes through setting targets for improvement, including improving the use of the issues resolution hearing (IRH), which is the second hearing in a case. IRHs are designed to identify and narrow remaining issues in the case and, potentially, resolve them, avoiding the need for a final hearing.

He adds that, in some areas, less than 5% of cases were resolved, or substantially resolved, at the IRH, “with the result that 95% of cases go on to a final hearing which may be listed many months hence”.

He links this to judges sometimes having four or five IRHs listed in a single day. This prevents them from being able to focus on individual cases.

Importance of Proper Time Allocation for IRHs to Prevent Delays in Family Court Proceedings

“To undertake an IRH, a judge must be given sufficient time to prepare the case as if preparing for the final hearing and the listing should be sufficient to accommodate the hearing of short evidence if required,” he adds.

“Not to allocate time at the IRH stage is a totally false economy given the delay that will then follow, no doubt with further hearings, and the listing of a much longer final hearing in due course if the case remains contested.”

Sir Andrew also adds that some court areas may be “struggling to achieve the change of local culture that is required by the PLO relaunch”.

New Targets Set

In April 2024, new targets were set by the Family Justice Board, the partnership of the government, council leaders, Cafcass and the judiciary, to address care proceedings delays and speed up the proceedings by 31st March 2025:

No open public law case should be taking longer than 100 weeks.
Care and supervision cases should be taking an average of 32 weeks.
At least 81% of all new cases should be completed within 26 weeks.

Furthermore, the Association of Directors of Children’s Services states that progress towards the 26-week target likely reflected the impact of the PLO relaunch and improved pre-proceedings work by councils, helping meet children’s needs.

Rise in Deprivation of Liberty Orders At a Time of Shortage of Secure Placements for Children

Recent Ministry of Justice data shows there were five times more applications to deprive children of their liberty through the High Court’s inherent jurisdiction (590) than for secure accommodation orders (109) in the first half of 2024.

Deprivation of liberty orders, once rare, have become much more common as councils struggle to find suitable placements for children with complex needs.

However, many of these placements are in unregistered settings, which are not overseen by Ofsted. In such cases, the court usually requires the provider to register the service quickly.

Reasons Behind the Increase of DoL Orders

One reason for the rise in deprivation of liberty (DoL) orders is the severe shortage of space in secure children’s homes (SCHs). These homes accommodate children under secure orders, often those with a history of running away and who are at risk of serious harm if they do so again.

Between 2018 and 2024, the number of children in SCHs on secure orders in England and Wales dropped from 96 to 72, according to official data.

This decrease occurred despite the number of available places in SCHs remaining relatively stable, with 220 places in both 2018 and 2024. Around 105 of these places were contracted to the Ministry of Justice for young people who had committed offences.

The Link in Decline in Secure Orders to Shortage of Secure Children’s Home Placements

There has been a significant decline in the number of secure orders applied for by councils, dropping from 404 in 2021 to 319 in 2023. At the current rate, 2024 is projected to see only around 218 applications. This decline is largely due to the shortage of secure children’s home placements, despite the high demand. Many local authorities struggle to find available beds, which has led to a rise in deprivation of liberty (DoL) order applications as a last resort to manage children with complex mental health needs and high-risk behaviours.

Concerns Over Long-Term DoL Orders and Unregulated Placements

From July to September 2023, 269 final deprivation of liberty (DoL) orders were made. Of these, 67 children were still under an order more than a year after the initial decision. This issue has been highlighted by the Nuffield Family Justice Observatory, noting that DoL orders, originally intended as a last resort when secure children’s home placements weren’t available, now far outnumber secure accommodation applications. Worryingly, around half of the children placed under DoL orders are in unregulated settings, with many remaining in these placements for over a year.

Seeking Legal Support

If you’re seeking expert legal support regarding child care proceedings, Cartwright King’s experienced child care solicitors are here to help. Our team is dedicated to providing clear advice and guidance, ensuring the best possible outcomes for children and families. At Cartwright King, we stay up to date on developments in care proceedings to ensure you receive the most informed and current advice.