David Burrows concludes his series by considering the question of a child’s view & understanding in children proceedings
- When should a court take account of a mature child’s wishes and feelings?
- What rights to be heard on decision-making and release of confidential information does a child have?
- When is a child entitled to be treated as of having sufficient understanding to have a view and take part in proceedings?
This series of three articles has considered the part children can play in English family proceedings and children’s rights in UK and European Union law. Finally it looks at the significance in any family proceedings a child’s understanding of the issues material to a court or other decision about them (such as release of confidential information). A ‘child’ for this purpose is in law a person under 18 (Children Act 1989 (CA 1989) s 105).
The term ‘understanding’ is used of children’s views in English law in, for example, Gillick v West Norfolk and Wisbech AHA [1985] UKHL 7, [1986] 1 AC 112,
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