Children Act 1989, section 32

Period within which application for order under this Part must be disposed of

Part IV Care and Supervision

(1)A court[F543 in which an application for an order under this Part is proceeding F543] shall (in the light of any [F544provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b)) F544] —

(a)draw up a timetable with a view to [F545disposing of the application—

(i)without delay, and

(ii)in any event within twenty-six weeks beginning with the day on which the application was issued; andF545]

(b)give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to.

(2)Rules of court may—

(a)specify periods within which specified steps must be taken in relation to such proceedings; and

(b)make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that they are disposed of without delay.

[F546 (3)A court, when drawing up a timetable under subsection (1)(a), must in particular have regard to—

(a)the impact which the timetable would have on the welfare of the child to whom the application relates; and

(b)the impact which the timetable would have on the conduct of the proceedings.

(4)A court, when revising a timetable drawn up under subsection (1)(a) or when making any decision which may give rise to a need to revise such a timetable (which does not include a decision under subsection (5)), must in particular have regard to—

(a)the impact which any revision would have on the welfare of the child to whom the application relates; and

(b)the impact which any revision would have on the duration and conduct of the proceedings.

(5)A court in which an application under this Part is proceeding may extend the period that is for the time being allowed under subsection (1)(a)(ii) in the case of the application, but may do so only if the court considers that the extension is necessary to enable the court to resolve the proceedings justly.

(6)When deciding whether to grant an extension under subsection (5), a court must in particular have regard to—

(a)the impact which any ensuing timetable revision would have on the welfare of the child to whom the application relates, and

(b)the impact which any ensuing timetable revision would have on the duration and conduct of the proceedings;

and here “ensuing timetable revision” means any revision, of the timetable under subsection (1)(a) for the proceedings, which the court considers may ensue from the extension.

(7)When deciding whether to grant an extension under subsection (5), a court is to take account of the following guidance: extensions are not to be granted routinely and are to be seen as requiring specific justification.

(8)Each separate extension under subsection (5) is to end no more than eight weeks after the later of—

(a)the end of the period being extended; and

(b)the end of the day on which the extension is granted.

(9)The Lord Chancellor may by regulations amend subsection (1)(a)(ii), or the opening words of subsection (8), for the purpose of varying the period for the time being specified in that provision.

(10)Rules of court may provide that a court—

(a)when deciding whether to exercise the power under subsection (5), or

(b)when deciding how to exercise that power,

must, or may or may not, have regard to matters specified in the rules, or must take account of any guidance set out in the rules.F546]

Definitions used in section 32 3

the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act
the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act

Cases considering section 32 38

Kent County Council (Appellants) v. G and others (FC) (Respondents)

[2005] UKHL 68 · 24 November 2005

The court treated the requirement for a timetable aimed at disposing of care proceedings without delay as reinforcing a short and focused assessment process under section 38(6). The court relied on the timetable duty as evidence that care proceedings and any permitted interim assessment should proceed rapidly. It was incompatible with a continuing months-long therapeutic programme.

M (A Child) (Placement Order), Re

[2025] EWCA Civ 214 · 6 March 2025Limits

The court treats section 32(1)(a)(ii) as imposing the 26-week imperative for disposing of a care application, measured from the date of issue. The significance of that timetable increases where proceedings have already substantially exceeded 26 weeks. (see paras [1]; [63]) The court applies section 32(5) as permitting an extension beyond 26 weeks only where necessary to resolve proceedings justly. International assessment may be relevant, but the extension must be justified by imperative demands of justice, fair process or the child’s welfare. (see paras [58]-[63])

JW (Child at Home under Care Order)

[2023] EWCA Civ 944 · 4 August 2023Limits

Care and supervision proceedings must be resolved without delay and ordinarily within 26 weeks of issue. The time limit does not justify prematurely making an intrusive final order (see paras [35]; [67]). Proceedings may be extended beyond 26 weeks where the court considers an extension necessary to resolve them justly. An open-ended period for protective work and testing separation was not necessary (see paras [36]; [75]). When considering an extension, the court must address its effects on the child’s welfare and on the duration and conduct of the proceedings (see para [37]). Extensions must not be routine and require specific justification (see para [36]). Each extension of care proceedings is limited to a maximum of eight weeks (see para [36]).

18 more judgments, and what each says about section 32, are in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F543Words in s. 32(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(7)(a), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  2. F544Words in s. 32(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(7)(b), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  3. F545Words in s. 32(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(2), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  4. F546S. 32(3)-(10) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(3), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.

Commencement

  1. I29S. 32 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)