Children's representation through the looking glass

Professor Jane Fortin School of Law Kings College London. The DCA's recent consultation paper Separate Representation of Children (CP/20/06) expresses the view that the judiciary's ability to order party status for children under r 9.5 of the Family Proceedings Rules 1991 (SI 1991/1247) is used too widely and as such is increasing the costs of litigation and putting a huge strain on CAFCASS. The DCA's proposal is that the use of r 9.5 should be restricted. The proposed formula for restricting use of the rule lacks clarity however and a strict interpretation of what is proposed would restrict it to a bare trickle of cases at a time when the judiciary is becoming increasingly aware that many children benefit from party status for reasons which may have little to do with legal principle but everything to do with their rights and welfare.

This article considers the historical imbalance between the system provided for children in public and private law proceedings and looks at the development of r 9.5 and the original 2002 proposals for separate representation rules which have dwindled to the current proposal to restrict judicial discretion to use the rule. Examining all...

Read the full article here.