When can a Judge write to a child?

The President of the Family Division (The Right Honourable Sir Andrew McFarlane) — in conjunction with the Family Justice Young People’s Board — recently released a toolkit to support family Judges when writing to children. 

Here, Resolution-accredited family lawyer Debbie Heald explains when a Judge can write to a child and explores the purpose of the toolkit.

When will a Judge write to a child?

A Judge will usually write to a child to communicate the outcome of proceedings and the basis of their decision. Evidence has found that this can assist the child in feeling like they’re being kept informed when important decisions are being made about their life. 

However, in practice the use of letters to children are rare and parents/caregivers are left to communicate the outcome of proceedings to the child. This all too often results in decisions not being communicated in a child-centric manner — creating further tension between parties to proceedings and ultimately leaving the child feeling distressed and anxious.

What is the purpose of the toolkit?

The toolkit is designed to support family Judges in their judicial roles when writing to children in both private and public proceedings. It isn’t intended to remove any judicial discretion. 

Sir Andrew McFarlane commented that: “The benefit of judges communicating with the child at the centre of proceedings has long been recognised, yet few of us have ever written to a child to explain our decision in their case. There is an understandable judicial reluctance in this regard, partly because of the realisation that the letter will be important and there is a fear of saying the ‘wrong thing’”. 

He went on to express his hope that writing to children will rapidly become the norm. 

What is included in the toolkit?

The user-friendly toolkit contains the following:

1. A summary of the evidence on children’s experiences of proceedings and how Judges writing to children can influence these.
2. A discussion around the different purposes served by writing to children in specific circumstances.
3. A summary of key things to consider when writing to children and other top tips.
4. Examples of letters that Judges have written to children in published judgments.
5. Three sample letters prepared in collaboration with young people, Judges and other experts, considering appropriate tone and style.

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