Children's Views and Evidence

<b>Can you hear the child's voice?</b><br/><br/>The Court of Appeal have commented that the family courts are 'still feeling their way forward in order to determine how best to <b>'hear the voice of a child'</b>.<br/><br/>In this new title David Burrows looks at the jurisprudence surrounding this remark relates it to European and UN Convention rights and looks at the most recent children case law.<br/><br/>It concentrates on: <br/><br/>Children in court proceedings particularly in family proceedings<br/>Contrasting the way courts hear children's views with the way their evidence is heard<br/>Any rights to which a child is entitled (common law; European Convention 1950; UN Conventions; and EU Directives) such as to confidentiality and to take part (or be heard) in proceedings. <br/>The meaning and effect of a child's 'understanding' in court proceedings and the way that term varies according to a child's age and the issue before the court.<br/><br/>Legislation and case law covered and analysed includes: <br/>Children Act 1989 and applicable Family Procedure Rules 2010<br/>Human Rights Act 1998 and European Convention 1950<br/>Civil Procedure Rules 1998<br/>LASPO Act 2012<br/>Youth Justice and Criminal Evidence Act 1999<br/>Re D (A Child) (International Recognition) - child's right to be heard<br/>Re W (A Child)- rules for child representation in hearings<br/>P v A Local Authority (Fam) - legal aid and statutory damages<br/>Re W (Children) (Abuse: Oral Evidence) - child's evidence<br/>R (D (a minor)) v Camberwell Green Youth Court - safeguards in criminal law for children<br/>Protocol and Good Practice Model Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings - October 2013<br/>Achieving Best Evidence: Guidance on interviewing children March 2011