Bakers Family Solicitor David Parkes echoes the fears of District Judge Nicholas Crichton following the government’s demand for rigid adherence to a 26-week time limit for care cases.
In an interview with the Law Society Gazette Crichton said that ‘process is taking over outcomes’ and warned ‘we know of parties who have successfully had their children returned home, but who would have had them adopted under the 26-week timetable – It’s as tough as that.’ He urged solicitors to appeal decisions where judges have failed to recognise where significant harm will be done to families and children by strict adherence to the time limit.
David Parkes agrees ‘I fear that District Judge Crichton is right. As a member of the Children Panel I represent parents and children in care proceedings. It is absolutely correct and I have been involved in cases where children have been returned home but outside of 26 weeks. In fact I am due to represent a parent at final hearing on Friday this week in a case that was issued in October 2012 (more than double the 26 weeks). The final hearing will be to confirm a final Supervision Order with the children at home. The outcome might have been different if the judge had been forced to adhere to the 26 week timetable.’
A Ministry of Justice spokesperson defended the 26-week limit saying: ‘Excessive delays can have a damaging effect on already vulnerable children. We are changing the law to bring in a 26-week time limit for care proceedings so there is a much clearer focus on the child and their needs and cases don’t get caught up in unnecessary delay. The legislation will meet the need to tackle delay in all cases, while allowing sufficient judicial discretion to extend time where necessary to resolve cases justly.’