Some years ago, Andrew and John [aged 11 and 9], to meet the judge dealing with their case. The local authority had started care proceedings after the children had made allegations that their parents had physically abused them. In particular, the parents had used computer wires to whip the children across their torsos. The parents denied any wrongdoing. The children had been removed to foster care, and during the case, the judge had made findings that the parents were responsible for the abuse.
Towards the end of the case, the children were aware that the judge was going to be asked to decide as to whether they should return home or remain in foster care. The boys asked to meet the judge.
On arrival in the judge’s room, Andrew said, “If you are going to send us home, please will you give us a bodyguard.” The judge immediately replied, “If I thought you needed a bodyguard, I would not send you home.”
I remember the occasion so vividly as it was such a powerful example of children relaying to a judge how they felt which no doubt had a significant impact on the judge.
At that time, it was relatively rare for children to meet with judges. Over the years, it has become much more common and a recent project has underlined the value of such meetings.
Some children have complained that they don’t feel listened to and are detached from the process. In particular, they don’t see the person making decisions about their life.
The Young People’s Participation Pathway, funded by the Nuffield Family Justice Observatory, has run a pilot to enhance the direct participation of young people in care proceedings by enabling them to meet regularly with the judges responsible for decisions about their future. It has just published its findings.
In particular, the pilot’s conclusions are:
- The majority of young people valued meeting judges, they felt heard and appreciated being treated as individuals. Sometimes, small but meaningful changes were made such as access to pets and personal items.
- The meetings helped demystify the court processes and reduce anxiety.
- It also made it easier for the children to accept difficult decisions, even if outcomes did not alight with their own wishes and feelings. This was attributed to feeling more involved and believing that their parents would be treated fairly
- It confirmed the growing body of international evidence that children want to meet judges. The young people felt it was fairer to have judicial processes where the children are heard directly.
As for Andrew and John? They stayed in foster care and eventually went to live with extended family.
