Re-centring procedural integrity and gender neutrality in private law children proceedings: lessons from Re E

June Venters KC, Barrister

The linked judgments in Re E (A Child) [2025] EWCA Civ 1563 and Re E (A Child) (Complex Fact Finding) [2025] EWFC 422 constitute one of the most significant recent examinations of the conduct and integrity of private law children proceedings. Together, they expose systemic weaknesses in the family justice system, highlighted in this article.

-Gender neutral analysis of domestic abuse is essential; stereotypical assumptions can distort both assessment and outcomes.

-Early fact finding hearings are critical, as failure to test serious allegations promptly can lead to catastrophic consequences, including significant emotional harm to children.

-Judicial criticism and professional accountability must be transparent; the Court of Appeal’s refusal to anonymise a psychotherapist underscores the expectation that professional witnesses remain answerable for their evidential contribution.

-Article 6 procedural fairness was seriously breached by flawed urgent applications, including an out of hours hearing conducted with minimal notice and without representation.

-Gaps in legal aid undermine equality of arms; reliance on even exemplary pro bono assistance cannot replace properly funded representation.

Ultimately, the lessons of Re E are stark and the decisions reaffirm that procedural integrity is not an administrative preference but the essential foundation of justice in family law.