This week, Sir Andrew McFarlane (President of the Family Division) brought in new guidance for the Family Law Judges regarding writing to children in Family Court Proceedings.
On 26 February 2025, the “Writing to children – a toolkit for Judges” was published with the Family Justice Young People’s Board using input from young people with experience of Court Proceedings. The guidance is being provided to support Judges when they write to children within proceedings.
What is the purpose of Judges writing to children?
Giving Judges the opportunity to write to the child not only allows the child the chance to understand how and why a particular decision was made by the Judge, but also upholds the child’s rights to participate.
The purposes of Judges writing to children are outlined within the recent guidance: –
- To provide an accurate and informative account of what was decided and why
It is important that the letter is written in a way a child can understand and process. The letter should provide not only ‘what’ was decided but ‘why’, and ‘how’ the child’s wishes and feelings were taken into account throughout the decision-making process.
- To support the child to feel that their views and experiences are considered important and valued by the Court
Receiving a letter that takes into account the child’s views and experiences reassures them that the Judge has heard and fully understood their views, meaning the child will feel valued.
- To support children’s ability to accept decisions made about them
Judges explaining to the child exactly what was decided and why this was decided assists the child in understanding and accepting the Judge’s decision, even if the decision is not what the child had expressed as their ideal outcome.
- To support future understanding and life story work
Having the Judge’s explanation in the form of a letter gives the child something to look back on in the future, helping them to process the decisions that were made about their care. This is particularly relevant to young children who have been placed in care, as the Judge’s letter will form a part of their future ‘life story work’. The letter acts as a written record for children to go back to if they need reassurance or are unsure about how the final decision was reached.
Top Tips for Judges
A section of the new guidance sets out top tips for Judges when writing letters to children, some of which are: –
- Tailor the letter to the child’s individual needs and circumstances
Take into account for example the child’s age, additional speech and communication needs and cultural background.
- Keep it short
Making a conscious effort to not overwhelm the child with too much information, but instead be concise and to the point.
- Use the professional network for support
For example, children’s guardians or social workers could be good support for Judges when writing their letter, as they have worked closely with the child and can offer suggestions and insight regarding how the letter should be drafted.
- Reference where the child can go to ask questions or for further support
It may be that an adult reading the Judge’s letter to the child, particularly a younger child, may help their understanding. Plans can be put in place to determine who will read the letter, for example, a children’s guardian or carer.
Conclusion
Whilst letters from Judges can be helpful for children to process the Court’s final decision, it is clear that this will not be beneficial to every child. The new guidance concludes that for some children, meeting and speaking with the Judge in person to hear their explanation works better for them. To speak to our expert Family Law team contact us on 0345 450 5558 or enquiries@stephens-scown.co.uk