Judge calls for change after two-year wait to resolve child care case

A judge has pleaded for change in the handling of care applications after a case which took two years to be resolved. In a ruling where the case name was tagged ‘unconscionable delay’, Ms Justice Henke said she wanted the judgment to serve as the basis for lessons to be learned.

The proceedings concerned the futures of siblings Q and M, two of their mother's six children. The youngest child was nearly three, meaning that she has been the subject of public law proceedings for two-thirds of her life.

In England and Wales, public care law proceedings should be completed within 26 weeks, although this can be extended depending on the complexity of the case.

This limit was there 'for a reason’ and had not been honoured on this occasion, the judge said. ‘Delay is inimical to the welfare of all children It has been harmful to these children who have had to experience uncertainty about their future,’ she said. ‘It has added to the stress and anxiety of the adults who have sought to care.’

The judge said a number of factors had caused the delay, including the lack of judicial continuity and a failure in linear care planning by the local authority, Surrey County Council.

The proceedings, which resulted in an adoption orders for the youngest child and a final care order for the other, had been subject to 12 case management hearings and delayed assessments involving four or five social workers.

Henke said there had been a ‘lack of focus’ on the issues and on the evidence which should be before the court and disclosed to others. There had also been failures on the part of the local authority to ensure all parties had relevant disclosure in time; a social worker at the local authority entered the witness box ‘ill-prepared’ and needed further time to prepare to give evidence.

She added that the preparation of a properly focused PD27A bundle would have ensured the relevant information was before the court in the proper order. This would also have helped the social worker focus on the material needed rather than be faced with a ‘wall’ of virtual paper running to thousands of pages.

The judge added: ‘I have highlighted these issues in the hope that other cases will learn from them. I am told by [counsel] that the local authority has taken the opportunity to use this case as a basis for future learning and to improve practice. I am glad they have taken it seriously and I hope that it does indeed bring about change. Change is necessary.’

This is latest case where a judge has highlighted the delay to care proceedings and lamented how the wait for resolution has extended long beyond 26 weeks. Mr Justice McDonald referred to an ‘unconscionable delay’ in a 2024 ruling where the case ran for 131 weeks, while last year a recorder said the delay in listing a hearing was 'to be deplored'.