Legal Eagle: What you can do if care proceedings have been delayed

The Local Authority started these court proceedings around 14 months ago. During this time, the proceedings have been delayed due to Children’s Services taking five months to complete an assessment of me and an assessment of my mam. The Final Hearing was also delayed, as the Court did not list it for another three months. I am very worried about the impact this has had on my son. He repeatedly told me over the last few months that he is tired of professionals being involved in his life. He has known that these Court proceedings have been ongoing in the background, and this has made him worried about the decisions being made for him and his family life.

Firstly, I am sorry to hear that it took so long for these proceedings to finish. Under the Children and Families Act 2014, care proceedings must finish within 26 weeks. The court sets a timetable for assessments at the start of care proceedings to provide certainty for your son, meaning he will know when final decisions will be made

In your case, it has unfortunately taken around 60 weeks for the court to make a final decision for your son at the final hearing.

Any delays are automatically presumed to not be in your son’s welfare interests. However, sometimes delays are needed to make sure that the court has all the evidence available to make a final decision for your son. Sometimes delays are simply unexpected and not foreseeable.

If you can prove that the delays in your case were unreasonable and unnecessary, and that they could have been avoided, and that they caused harm to your son and/or you and your family, then you may be entitled to claim compensation.

At Ben Hoare Bell LLP we have solicitors available to assist with both family law proceedings and any potential compensation claims you may have arising from such proceedings. If the above sounds like something you have experienced, then please do not hesitate to contact us on 0191 565 3112 or via [email protected] to enquire further.