Press release

Voice of the Child: children to be more clearly heard in decisions about their future

Children will have a greater say in family court cases, Justice Minister Simon Hughes announced as he addressed the Family Justice Young People’s Board.

This was published under the 2010 to 2015 Conservative and Liberal Democrat coalition government

Arguing parents with child in foreground

Children involved in any type of family case - whether to remove them into care or disputes about child arrangements following divorce or separation - will be able to have their views heard when decisions are made that will affect them.

Speaking to the group of the 24 young people who promote the voices of children and young people in the family justice system, Simon Hughes set out changes to make it easier for children and young people to communicate their views in court proceedings.

These options include meetings, letters or pictures or by way of a third person in addition to their Children and Families Court Advisory and Support Service (Cafcass) officer or social worker.

Simon Hughes also announced the government’s support for out of court dispute resolution services, such as family mediation, to be more child inclusive.

Justice Minister Simon Hughes said:

For too long, children and young people have struggled to have their voices heard during the family court process. Although they are often at the centre of proceedings, the views of children and how they feel are often not heard, with other people making vital decisions for them.

I’ve been really impressed with Family Justice Young People’s Board (FJYPB) and the arguments which its members put forward. This is why I have taken steps to make sure that children and young people from the age of 10 will be able to express their views in cases which affect them.

Young people are some of the most vulnerable in society, and it is vitally important that we make sure they are at the heart of the family justice system.

Last year there were 90,000 children involved in new cases in the family courts. The government believes that the voices of children and young people should be heard when decisions are made that affect them. Under new proposals this will change, and in particular all young people aged 10 and above will have a greater opportunity to have their voice heard.

Nineteen-year-old Bethany Shepherd, a member of the FJYPB has been through the family justice system and said:

The voice of the child is important to me because it is vital to hear a child’s opinion about their case when a decision is made that could ultimately affect them for the rest of their lives.

In my case, I had to wait 4 years before my voice was heard and I was considered to be too young to know my own mind or listened to individually and simply just lumped together with my younger sister.

This is far too long and meant that I spent much of my childhood fighting just to have my voice heard. The work being done currently on the voice of the child is really encouraging to see and is definitely a step in the right direction for family justice.

A range of initiatives will help make communication easier, including facilities for children and young people to communicate with a judge by way of letters or pictures. Also Cafcass are working on various resources such as a ‘Court Gaming App’ (which will help explain the court system to a young person) as well as welcome packs and paper-based guides.

The plans announced today are expected to complement reforms to guidance on judges seeing children which are being considered by a judge-led working group set up by the President of the Family Division, Sir James Munby.

Notes to editors

  1. FJYPB is a sub-group of the National Family Justice Board and acts as a ‘critical friend’ of the Family Justice Board, not afraid to speak out against the system when it feels it is pulling too much in the wrong direction and losing sight of the child.

  2. The Family Justice Young People’s Board’s (FJYPB) draft ‘National Charter’ sets out how young people should be at the centre of all proceedings and that children and young people should feel that their needs, wishes and feelings have been considered in the court process.

  3. The FJYPB is formed of 40 young people, all of whom have either experience of public or private family law, an engagement with the family courts, or a passion to see children’s rights upheld in this sphere.

  4. More information on Voice of the Child.

  5. For further information please contact the MoJ Newsdesk on 0203 334 3536.

Published 19 February 2015