Separate representation for children in court: what it means for your family

Recent guidance from the Court of Appeal confirms that, in the right case, this can give the court a fuller and fairer picture of what is really at stake for the child and the family as a whole. Separate representation may be especially important where the professional appointed to safeguard the child’s welfare is asking the court to make orders that the child does not agree with, because it avoids the same person both reporting the child’s wishes and arguing for the opposite outcome. 

Therefore, if a child is to be separately represented in court, they should have their own solicitor to present their views and protect their interests, rather than relying on a single professional to speak for them alongside other parties.

Why separate representation can help

The Court of Appeal has stressed that children’s participation can improve decision‑making by ensuring the court hears their arguments in their own words, presented by a lawyer who is focused only on their position. Where orders will directly affect a young person’s day‑to‑day life for a significant period, the court should look widely at factors such as the importance of the application to the child and the likely impact of the orders, rather than assuming that concerns about family pressure automatically rule out separate representation. The court also made clear that a child’s understanding needs to be “sufficient”, not perfect, for them to have their own lawyer, which recognises that capable teenagers can instruct a solicitor with appropriate support.

Separate representation can help the court understand the full picture and can reassure your child that they have been heard. It may also avoid the appearance of unfairness where siblings close in age are treated differently without a good reason, which could otherwise look unfamiliar to an outside observer and undermine confidence in the process. The Court of Appeal also noted that allowing separate representation should not slow the case down or add significant cost in an appropriate matter, which can be reassuring when time and expense are key concerns for families.

Practical considerations for families

Every case turns on its facts, but recent appellate guidance highlights that the court should avoid a narrow approach and should consider children’s ages, maturity and the real‑world effects of any orders sought. In one recent case about protection orders, the appeal was allowed because the first judge had not weighed all the relevant factors and had placed too much weight on possible parental influence without balancing the children’s competence and the direct impact on them. The outcome underlines the court’s commitment to decisions that not only do justice but are seen to do justice, even if the likely result may be unwelcome to some.

If you would like tailored advice about your family’s situation, please get in contact today.