Abstract
The Children and Families Act 2014 has introduced a 26-week timeline for Children Act 1989 care and supervision court cases. This article discusses the risks and possible ramifications for children and parents of this measure, which halves the average length of care proceedings. This is to be set against evidence that faster resolution of children’s cases is possible without prejudicing the quality of court decision making; however, careful monitoring is indicated to ensure that child welfare is at the forefront in the decision making process and the individual rights of all concerned are protected.
Highlights
The following article discusses the problems of delay in children’s cases
This paper examines some of the possible implications of this change, starting from the premise that speeding up the family justice system in public law cases is much to be welcomed, but any change on this scale brings with it some risks
There has been no evidence to date that faster decision making by the courts in child care cases has led to miscarriages of justice; these are very early days in the life of the new Public Law Outline (PLO)
Summary
The following article discusses the problems of delay in children’s cases. These are court cases in England and Wales in which the courts decide whether a court order should be made to modify and substitute for the parents’ sole right to make decisions about where their child should live and how they should be cared for. Despite the undoubted benefits to children and parents and the cost savings associated with greater speed and efficiency, it is suggested that there may be some risks associated with faster case resolution These potentially include a threat to the quality of decision making, which may be based on less comprehensive evidence, and a loss of opportunities for parents to demonstrate the capacity to improve their parenting, increasing the chance that children will be placed with alternative carers. This paper examines some of the possible implications of this change, starting from the premise that speeding up the family justice system in public law cases is much to be welcomed, but any change on this scale brings with it some risks These are considered in the context of evidence from relevant research and commentary. 1989, when local authorities seek a care order with respect to a child because of concern about actual or likely significant harm to the child
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