Under the Children Act 1989, courts considering a public or private law order in relation to a child already have to pay regard to “the wishes and feelings” of the child concerned.
However, speaking at an event today, justice minister Simon Hughes said that the legal right is often overlooked.
“Children and young people have a legal right to be heard before decisions are made about their own future, and where decisions are being made that will impact on them,” Hughes said at a conference held by the Family Justice Young People's Board today.
“Too often that legal right is not being exercised or it is being interpreted to mean others can make a presumption about a child’s view – often for the best of intentions and acting in their interest, but nevertheless the outcome is that the child does not feel that their own distinct voice has been heard.”
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