Listening to children in family justice

Small, thoughtful changes can help children feel heard, informed and meaningfully involved in family justice decisions.

A child may speak to many professionals during family proceedings. But how many times do they feel genuinely heard? A recent discussion from the Family Justice Young People’s Board highlighted a key message, that listening is not simply asking for a view. It is showing the child what happened to that view afterwards; making clear that the child has a voice not a choice.

What does meaningful participation look like?

It is generally accepted that children need clear information and safe ways to participate in family justice proceedings. However, regular updates and an explanation as to outcomes are not as regularly seen or easily identified. For children, waiting could be the hardest part, so an update on matters even when nothing has changed may assist. Once an outcome is reached, it should be explained in child-friendly language and linked back to the child’s views, particularly if the decision is not what they expected or wanted. This links directly to the phrase voice not choice – it is vital that the child understands that they are being given a voice, not being asked to make a choice. This would place an unfair burden on the child otherwise, and explaining this helps to manage their expectations.

As professionals, we can make practical changes. Whilst some changes will inevitably have to be carried out by those working more directly with children, some points can be considered more generally. Stopping the use of jargon, avoiding the assumption that silence means agreement and not asking for views without providing feedback should be considered by all in the process, being mindful of understanding, offering different methods of participation and continuing to build trust throughout the process.

When should a judge communicate with a child?

We have seen in recent years judges being willing to communicate with children. This is not (yet) the norm. Every child and every application must be considered individually, and it is important to remember that communication is not limited to a single format. Depending on the child’s age, circumstances and wishes, it may take the form of a card, a letter or a meeting. A younger child and a teenager are unlikely to need the same approach. Some children may prefer an online meeting, while others may benefit from an in-person visit. The timing matters too; in some cases, communication is most useful before a decision, while in others the decision should be made first so that it can be properly explained.

If communication between the judge and children is considered helpful, requests to judges should remain proportionate and should explain why contact is sought, what the child hopes to gain and when it should take place.

How can professionals help the judge?

Good preparation can turn contact between the judge and children into a more comfortable and constructive experience. The judge may benefit from concise information about the child’s wishes, the important people in their life, the language they use and any interests that could help build rapport. The child should also know what to expect, including who will attend and what the judge may wear.

Professionals should also work with the judge, parents and other professionals to plan how an outcome will be shared (if not via the judge). Who is best placed to explain it: a guardian, social worker, teacher, therapist or another neutral person? The aim of children having a voice is not merely to obtain the child’s views, but to show clearly how those views were considered. That might be the difference between asking and genuinely listening.

Blake Morgan’s Family team can help families navigate these sensitive issues, providing practical advice that keeps children’s needs and voices at the heart of the process.