Care proceedings should usually be completed within 26 weeks from the date the local authority’s application is issued. Some cases finish sooner, while others take longer if the court decides that an extension is necessary. The court must focus on your child’s welfare and resolve the case fairly, rather than meet the deadline at any cost.
In this guide, you will learn:
Although 26 weeks is the statutory target, Cafcass reported that the national average for section 31 care and supervision applications was 38 calendar weeks during the 2025–26 financial year. This average does not predict how long your individual case will take.
If proceedings have started, TBI Law’s care proceedings solicitors can explain your timetable, advise on any proposed extension and represent you throughout the case. Legal Aid may also be available, depending on your role and circumstances.
Section 32 of the Children Act 1989 requires the court to draw up a timetable with the aim of resolving an application for a care order or supervision order within 26 weeks.
The Public Law Outline supports this timetable by setting out the main stages of the court process. It helps the court identify the issues early, decide what evidence is needed and keep the case focused on your child’s timescale.
The 26-week limit matters because long periods of uncertainty can affect a child’s welfare. The court must therefore avoid unnecessary delay while still allowing enough time to gather evidence and reach a fair decision.
Some cases will finish before 26 weeks. Others may take longer where the court decides that more time is genuinely necessary. An extension does not automatically mean something has gone wrong or suggest what the final outcome will be.
The 26-week period starts when the Family Court issues the local authority’s application for a care order or supervision order. It does not begin when children’s services first become involved with your family.
Time spent under a child protection plan or in pre-proceedings does not count towards the formal 26-week court timetable. During pre-proceedings, you may receive a Letter Before Proceedings and be invited to a Public Law Outline meeting. This gives you an opportunity to understand the concerns, obtain legal advice and discuss what changes may help avoid court action.
Formal proceedings only begin once the application is issued. If the local authority believes there is an urgent risk, the first hearing may take place very soon afterwards.
We provide wider Family Law and Children support for families involved with children’s services before and during court proceedings.
No. Some care proceedings finish within, or even before, 26 weeks. Others take longer because the court decides that more time is needed to resolve the case fairly.
The 26-week period is the statutory target, but it is not an absolute deadline. The court can extend the timetable where an extension is necessary to resolve the proceedings justly. This may happen where an important assessment is outstanding, disputed evidence needs to be considered or further work is required before a safe final decision can be made.
Extensions should not be routine or granted simply for administrative convenience. The court should explain why additional time is needed, set a revised timetable and consider how the delay may affect your child’s welfare.
In practice, some cases take considerably longer than 26 weeks. Cafcass reported that the national average duration for section 31 care and supervision applications was 38 calendar weeks during the 2025–26 financial year. Cafcass also reported a 38-week national average for the final quarter of that year.
This national figure does not mean your case will take 38 weeks. It is an average across completed applications in England, and individual timescales vary.
A case passing the 26-week point does not automatically mean the process has failed or that the final outcome will be more serious. It means the court considers that further time is necessary before it can make a fair and properly informed decision.
Examples may include:
The court should consider whether the additional work is necessary, rather than simply helpful. It must also think about how further delay may affect your child.
Practice Direction 12A makes clear that an extension should only be granted where more time is needed to resolve the proceedings justly. The court should record its reasons and set a revised timetable.
A longer case does not, by itself, suggest what the final outcome will be. It may simply mean that the court needs more evidence before making a safe and properly informed decision.
When considering an extension, the court should:
An extension does not give either party unlimited time to obtain more evidence or complete assessments. The court must remain satisfied that the extra time is genuinely necessary.
Interim arrangements will usually continue while the case remains ongoing, unless the court decides they should change.
This means your child may continue living at home, with relatives, in foster care or in another approved placement. Contact arrangements may also remain in place, although they can be reviewed if circumstances change or new evidence becomes available.
An extension does not decide the final outcome. It simply gives the court more time to deal with the outstanding issues.
You should ask your solicitor what the revised timetable means for your child’s placement, contact and any assessments that still need to be completed.
If your case has gone beyond 26 weeks, do not assume that the proceedings are invalid or that they will automatically end. The court can extend the timetable where more time is needed to resolve the case fairly.
You should ask your solicitor:
The revised timetable should explain what still needs to happen and when. It may include new filing dates, further assessments or a rearranged Issues Resolution Hearing or final hearing.
You should also discuss whether any interim arrangements need to be reviewed. This could include contact, support, where your child is living or how long an assessment is taking.
If you are worried that the case is drifting or deadlines are being missed, raise this through your legal team. Your solicitor can explain the reason for the delay, make submissions where appropriate and help protect your position.
Our care proceedings solicitors can review the timetable, explain any extension and support you through the remaining stages. If your case is approaching or has passed 26 weeks, contact our Public Family Law team promptly for advice.
Your solicitor will handle the Legal Aid application and explain how the funding applies as the case progresses. This can continue where the timetable is extended, subject to the terms of your certificate and the circumstances of the case.
The position can be different before proceedings are issued, and for relatives or proposed carers. Their eligibility may depend on their role, finances and the type of advice needed.
TBI Law can check your funding position, arrange Legal Aid where available and represent you throughout the proceedings. Contact our Public Family Law team as soon as possible so we can review your case and help you prepare for the next stage.
Yes, the Children’s Guardian’s work can affect the timetable if further enquiries or evidence are needed. The Guardian, appointed through Cafcass, independently considers your child’s welfare and the proposed care plan. They may speak to family members, review assessments and recommend further work. However, the Guardian does not control the timetable. The Family Court decides whether additional time is necessary.
No, an interim care order does not automatically end simply because proceedings reach 26 weeks. Interim orders can continue while the case remains before the court, subject to the terms of the order and any later court decision. If the timetable is extended, ask your solicitor how this affects parental responsibility, where your child lives and any contact arrangements.
Yes, expert evidence can extend the timescale when it is genuinely necessary and cannot be completed within the existing timetable. This might include psychological, psychiatric or medical evidence. The court must authorise expert evidence and be satisfied that it is necessary to resolve the case justly. Expert availability, assessment appointments and report preparation can all affect timing.
Yes, linked criminal proceedings can sometimes delay care proceedings, particularly where police disclosure, forensic evidence or disputed allegations are relevant to both cases. The Family Court will consider whether it can continue safely and fairly without waiting for the criminal case. A criminal investigation does not automatically pause care proceedings, as the court must also avoid unnecessary delay for the child.
The timetable for the child is the court’s assessment of how quickly decisions need to be made for that particular child. It reflects factors such as their age, development, current placement and need for stability. The court must consider this timetable when setting hearings, ordering assessments or deciding whether to grant an extension. A delay that may seem short to an adult can be significant for a young child.
Yes, a significant change to the care plan may require more time if new evidence, assessments or family-placement enquiries are needed. For example, the proposal may change from rehabilitation at home to placement with relatives or another long-term arrangement. The court will consider whether extra time is necessary and how the revised plan affects your child’s welfare. A changed care plan does not automatically justify an extension.
If you have received court papers, or your case is approaching or has passed 26 weeks, contact our team today. We can explain what each stage means, what work is still outstanding and whether an extension is justified.
Our care proceedings solicitors can support you with evidence, assessments, family-placement proposals, interim arrangements and representation at hearings. We also provide wider Family Law and Children support where children’s services are involved.
TBI Law supports families across the North East, including those looking for solicitors in Hartlepool, Stockton-on-Tees, Wynyard and Sunderland.
Let’s get started - today.
