Children's Views and Evidence (eBook)

Children's Views and Evidence concentrates on children in court proceedings, mostly in family proceedings, but also with reference to the issues within civil proceedings. Their evidence and the court hearing their views are, respectively, contrasted throughout. Stress is placed upon any rights to which a child is entitled (common law, European Convention 1950, UN Conventions and EU Directive), such as to confidentiality and to take part (or be heard) in proceedings. Particular importance is given to the meaning and effect of a child's 'understanding' in court proceedings, and the way that terms will vary according to a child's age and the issue before the court.

It explains the position and role of children in court proceedings by setting out the child's rights and the underlying principles in law, both national and EU, that seek to establish how a child is treated and understood in court proceedings. Legislation and cases covered and analysed include:

• Children Act 1989
• Human Rights Act 1998
• Civil Procedure Rules 1998
• LASPO Act 2012
• Justice and Security Act 2013
• Re D (A Child) (International Recognition) [2016] EWCA Civ 12, [2016] 2 FLR 347– child's right to be heard
• Re W (A Child) [2016] EWCA Civ 1051 – rules for child representation in hearings
• P v A Local Authority [2016] EWHC (Fam) – legal aid and statutory damages
• Re W (Children) (Abuse: Oral Evidence) [2010] UKSC 12 – child's evidence
• R (D (a minor)) v Camberwell Green Youth Court [2005] UKHL 4 – safeguards in criminal law for children
• Protocol and Good Practice Model Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings - October 2013