Early to bed?

In April, the country’s top family judge sought to send a “clear and uncompromising” message that the prospective 26-week time limit for completion of care proceedings was a deadline for all but a comparatively small number of cases, not a target or average.

Now this week he has called on local authority lawyers to get involved – advising and assisting their social work clients – earlier than is often the case.

Sir James also stressed the invaluable role that a “properly organised legal planning meeting” played. Indeed, he went on to say that this was the key to achieving timely outcomes to care proceedings.

The President of the Family Division insisted that the employment of a local authority case manager was vital too. This was a key lesson from the Tri-borough, Bi-borough and similar projects, he argued. But it does have budgeting implications.

Confirming that an interim version of the revised Public Law Outline would come into effect on 1 July 2013, Sir James placed heavy emphasis on local authorities’ compliance with their obligations.

“The local authority must deliver its material – the right kind of material – on Day 1,” he said. “If that does not happen, the entire timetable will be thrown out.”

In a key passage for childcare lawyers, the President goes on to say what he considers the local authority must deliver and what he meant by the “right kind of material”.

The judge exonerated local authorities from blame for the current practice where “enormously voluminous” materials are filed. The message, though, is that local authority materials must by shorter, and focus on analysis rather than on history and narrative.

The President acknowledged that the new arrangements involves a greater degree of ‘front loading’, ie work done pre-proceedings. However, he argued that this might mean the need for proceedings is avoided altogether. Or if they have to be commenced, then this work will pay rich dividends later.

We will have to see, of course, how this all pans out in practice and whether these dividends are realised. What we do know from the latest Cafcass figures, however, is that care applications are up 70% since the Baby P case in 2008/9.

The relentless rise continued with a record number of applications for the month of April (at 908). February 2013 meanwhile saw a record number for a single month (999).

So the challenges and pressures show no sign of abating.