A case riddled with management errors prevented a child from being able to speak to the judge in her case, a High Court judge said.
Mr Justice MacDonald criticised the child’s guardian and the social services team for acute case management errors which included failing to ensure that one of the children in the case could speak to the judge.
The 2017 case involved three children with permanent leave to remain in the United Kingdom, and whose parents were residing in the United States. The local authority in the case had applied for final care orders for all three children.
The 15- year old girl had asked to meet with the judge so she could speak with him. Confusion around the 2010 guidelines on judges speaking to children led to the child’s guardian failing to notify the judge of the teenager’s request in good time.
The judgment is significant in that it highlights a current gap inside the system: children still do not have the right to speak with family judges overseeing their cases. This oversight makes the current process for discussion discretionary and dependent on whether the judge wishes to engage with the child in the case.
The 2010 guidelines are also unnecessarily narrow and prevent children from talking about their wishes and feelings, or sharing important information with the judge which may have been missed or ignored by child welfare professionals. Currently the only topic of discussion a judge can engage in with a child is how the court process within the context of their case works.
The overall effect sees judges talking “at” children for the most part, rather than allowing for a meaningful two-way discussion.
There is currently no information available on how many judges have spoken to children after a request under the guidelines was made. The number though, is likely to be very small.
Many thanks to Charles Pragnell for alerting us to this case.
Further Reading:
- Children’s Right To Speak To Judges In Family Cases Shelved Because Of Cost – Former Family Court President (2019)
- BBC’s Today Programme And Researching Reform On Children’s Right To Speak To Judges (2017)
- Government: Children Have No Right To Talk To Judges (2017)
- RR For Lexis Nexis: Children Have No Right To Speak To Judges (2017)
Sherri Carmichael said:
When a child/young person is successful with getting an opportunity to meet with the Judge they need to be prepared for the rules. The court proceedings WILL NOT be discussed, your family set up/ relationships & current/previous feelings/emotions WILL NOT be discussed, professionals working with you WILL NOT be discussed. The child WILL NOT be given any opportunity to speak freely, as all conversations will be child friendly focusing on subjects like school, hobbies, holidays & future job ideas. This is nice the child or young person gets the opportunity to see the Judge who will decide their families fate, yet they WILL NOT allow them freedom of speech and the freedom to ask questions – TRANSPARENCY & TRUST
Prepare your child/ young person. Communication is key
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MeMe said:
Natasha, what can I do to help change this? To help get what was pledeged in 2014 into law? Yes there is the usual lobby the MPS and start YET another petition, but how else can we the parents, gets our children the right to what was pledged? What else can we do??
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Natasha said:
At the moment, the government is saying they don’t have the funds to implement this right. So it’s really up to you how you choose to highlight this issue.
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eugene1957 said:
what funds? to bring child to court? cost of maintaining “Guardian” is much higher.
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Dana said:
Natasha, it’s odd that they have the funds to take families to court to take away their children but not to implement the child speaking to the Judge which should be part & parcel of proceedings.
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Natasha said:
I know. That’s the official line.
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tummum said:
Children, older children are ignored when they require answers. It is meant to be about them xx
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Dana said:
The attitude of the social workers, solicitors, barristers, Guardians as well as the Judge needs to change. It is those people who not only put barriers up to prevent the child speaking to the Judge but then denigrate the family, in court, to the Judge for requesting their child be allowed to speak to the Judge.
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eugene1957 said:
no one will change.Ever. No one will undermine system which feed them. Only parents, who suffer could change anything and it is not happening as parents are scared like rabbits. If hundreds breach injunctions not being afraid of jail it will be all different.
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eugene1957 said:
anyone really think that system is so silly to ruin itself by allowing children talk to judge? they have “Guardians” for that #sarcasm
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[Name Withheld] said:
My son asked to speak in the family court in Stafford. He was denied his wish. It was said that this sort of thing may happen in Birmingham, but never happens in Staffordshire. This meant the child in this case was put through far more than was ever necessary to finally have his voice heard.
Children’s safeguarding in Staffordshire need looking at and their are many questions they should be answering, but it seems the gagging continues.
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Dr. Manhattan. said:
No big surprise there.
i know of a teenage boy who did get to speak to the judge and made it clear he wanted to go home.the judge even mentioned this in the court during the hearings yet she still ruled all children would remain in care till they are 18.
speaking to the Judge means very little as the wishes and feelings of the Child and the parents are are ignored.
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