Do children have a voice in court proceedings?

Saturday, 15 May 2010

In her report on the Cleveland Enquiry, Dame Elizabeth Butler Sloss coined the phrase that “a child is a person, not an object of concern” ever since which the law has struggled to find the right balance between protecting children from the pressures of wanting to say what will please each of their parents or others, and enabling their own wishes and feelings to be expressed and given due weight, without burdening them with the responsibility for making decisions which has always rested with the Judge.

Some Judges have been willing to see children to explain their decisions, others have not wanted the children to have to come anywhere near the Court. The approach across the country has been inconsistent and confusing – until now.

New Guidelines seek to set out the scope and purpose of the circumstances in which children may be seen by the Judge in both public law (care) proceedings and Private law matters between parents. It clarifies what is expected from those who are representing children and the range of matters those who are concerned with this matter should take into account.

It is to be hoped that this strikes the right balance between giving children who wish to be heard a voice, and protecting those who are vulnerable from undue pressure.

Read the full report: Guidelines on judges meeting children