The Voice of the Child
A child’s right to participate and have their voice heard in private law proceedings is acknowledged in legislation and guidance.
A new report by the Nuffield Foundation has examined private family law children cases, specifically asking: how often do we hear the voice of the child in practice?
The report explores the extent to which children across England and Wales participate (through the presence of court-ordered reports).
It is a commonly thought in private law family proceedings that the proceedings aren’t about the rights of parents but about the rights of the child.
Around half of the children had at least one marker of participation within three years of the case start date. This means that for almost half of the 67,000 children in England and Wales who were involved in a private law case starting in 2019, there is no indication that they participated in their case.
This means that their voices were not heard.
Within private law proceedings, the family courts make hugely important and potentially life-changing decisions about a child’s life. A child’s right to participate in those proceedings, where decisions are made about them, is enshrined in both domestic and international law.
However, this study found that around half of children, including older children and teenagers, did not have any indicators that they had been consulted directly during the course of proceedings. Although the study was not able to capture all possible participation, this suggests that strikingly few children have a voice in proceedings.
The findings challenge the family justice system as a whole. How to make the changes needed to ensure mechanisms are in place that give children the opportunity to have their voices heard.
This would ensure children’s rights are upheld and also support decision making that is in the best interests of the children.
The Nuffield Family Justice Observatory contributes important research helping develop our understanding of the family justice system, to support better outcomes for children and families.