Litigation Letter
Protocol for judicial case management in public law Children Act cases
The average care case lasts for almost a year, which means that many cases take considerably longer. After widespread consultation
with all concerned with public family law, the Lord Chancellor’s Advisory Committee, chaired by Munby and Coleridge JJ (the
architects of the scheme of more active and structural judicial case management running for the past year in the High Court),
has produced a protocol endorsed by the President of the Family Division and the Lord Chancellor, which is to be implemented
by a practice direction in all courts from 1 November. The protocol sets a guideline of 40 weeks for the conclusion of care
cases, plus a maximum of 20 days for reserved judgments; it envisages that although some cases will take longer, many more
cases should take less. It is based on a six-step route map as follows: