CYP Now - Opinion: Soapbox - Children need help to speak up in court

The family courts make life-changing decisions about children and young people, and need to know a child's wishes and feelings. However, the recent suggestion that judges should speak directly to children implies that it is a simple matter to establish what a child thinks and feels.

It ignores the role of Children and Family Court Advisory and SupportService (Cafcass) practitioners who talk to and give a voice tochildren.

Cafcass guardians and children's solicitors provide children with legaland welfare representation, which is their right under the UN Conventionon the Rights of the Child. Finding out what children think is a complextask and the cases that get as far as the courts are the most difficultones. The average age of children in these cases is just four yearsold.

If children are to have a real say in the court decision they need morethan speaking to a judge or magistrates in the fraught atmosphere of acourt setting. They need good information and it is vital that theyunderstand what is going on. They need to know about the case with itsspecialised language and procedures. It is skilled work to explain suchemotionally loaded concepts in ways appropriate for each child's age,cognitive ability, cultural background, language, and emotionalstate.

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