Children and young people can be affected by the court system in different ways. Whilst these tend to be separate processes, they can intersect in more complex family circumstances. For children in the court system there will almost certainly be safeguarding considerations for them in terms of mental health, emotional stress and anxiety.
As an education professional, it's likely you will likely be required to provide a formal statement as evidence of the child(rens) needs. Depending on your working relationship with the child you may be asked to act as and advocate for the child/young person's voice.
This largely refers to children going through the family courts where those with parent responsibility are seeking a legal solution to potential child arrangements in terms of custody or contact.
This does not ordinarily involved the Local Authority unless there are concerns regarding the child's safety and welfare.
This refers to incidents when the Local Authority Children Services department has progressed legal action to protect a child(ren). This is triggered when a child(ren) is/are subject to harm or at risk of significant harm which is outlined in s.31 of the Children Act 1989. This is normally initiated when the child(ren) can no longer remain safely in the home.
There are a range of legal orders that the courts can make to protect a child and often this is negotiated between the Local Authority and Family's legal representation through the course of proceedings.
It is likely that the child will be placed in a care home or in the care of another family member/friend during this time if living with their legal guardians is not deemed safe.
Find more information about children in care here.
What are Pre-proceedings?
Before taking a case to court for lower risk cases, there is a period of no longer than 26 weeks (as amended by the Children and Families Act 2014), where the Local Authority Child Services department and family's legal representation agree a strict timetable and proposed assessments and interventions required for the family and services to mitigate the concerns held by children services. Care proceedings are issued when assessments conclude that continued risk of harm can't or won't be avoided.
What is CAFCASS?
It is likely in these circumstances if there is an acrimonious or complex family circumstance a Child and Families court Advisory Support Service (CAFCASS) social worker maybe appointed to represent and advocated for the views of children and young people.
This where a child and young person will either have to make representation in the court system to provide evidence of crimes committed against them, or that they have witnessed. There are also times where children and young people may be subject to criminal proceedings due to committing or being implicated in a crime.
The age of criminal responsibility is 10 years old. If a young person is subject to criminal proceedings it's likely that the Youth Offending Team is likely or be involved to support around prevention, court proceedings and with supervising young people serving a community sentence.
To find out more information please visit the Crown Prosecution Service's youth crime page.
Find your local Youth Offending Team.
It is likely that children in the court system may be subject to court orders. These are legal documents which should be adhered to where possible. Failure to adhere to court orders can result in legal sanctions such as fines and in extreme cases custodial sentences (depending on the severity and situation).
It is acknowledged that family circumstances can change and develop. Ordinarily court orders have expiry dates which can be temporary whilst those around the child assess, or put in plans, to ensure safety. Do check the status and date of an order if you have sight of a copy. If a court order has not expired, or does not appear to be effective, it may be that professionals or family members need to get legal representation to get these amended.
The Safeguarding Network provides definitions for the types of order that you are likely to encounter in private or public law proceedings. For orders relating to criminal proceedings, this will vary depending the type of crime and the child's circumstances. The Crown Protection Service has provided a general guide.
If there is a professional involved it is important to liaise directly with them around advice and guidance about how to support children affected by court systems.
If there isn't anyone involved, you can seek advice from Families in Focus if you think they are being negatively impacted.
You can also contact your local Citizen's Advice centre who may be able to provide families with a directory of local legal representation if needed.
Find our about Bristol's Youth Offending Team.
HM Courts & Tribunals Service
Children should read these guidance with the help of an adult who knows about court procedures and can answer their questions about being a young witness.
CAFCASS resources
Resources from the Kent Youth Justice Service including:
Rights of Women
Writing a position statement for a family court hearing
Child Law Advice