Let the child speak: forgotten considerations around children giving evidence in care proceedings

Reagan Persaud, Barrister, Spire Barristers

Care proceedings can often involve children making allegations. Applications for these children to give evidence are becoming more common. But when should I child give evidence? When is a Re W application a good thing for either the accused or the champions of the child? This article explores what good practice may look like on the ground, exploring strategic reasons to either apply for a child to give evidence or to support such an application once made. The court is far more willing to allow for children to give evidence as time has gone on since Re W (Children) (Abuse: Oral Evidence) [2010]. Practitioners need to think carefully about when and why such applications should be made. Afterall, safeguarding a child may well involve allowing them to tell their story in court.

The full article has published in the June issue of Family Law. Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482

Read the full article here.