Parents feel like outsiders at court proceedings about their children

Parents often perceive themselves to be outsiders or by-standers at court proceedings about their children, according to new research conducted by the Institute for Crime & Justice Policy Research at Birkbeck, University of London, and Revolving Doors.

The study conducted 21 interviews with parents and special guardians involved in public law care proceedings. Interviewees described being at the back of the courtroom when attending in person and being muted in virtual hearings. They explained they had few opportunities to speak unless they were providing formal evidence to the court, and they reported understanding little of what was being discussed by the judge and the lawyers.

The judge’s conduct was reported to play a significant role in shaping parents’ family court experiences. Judicial kindness, level of attention and comments (both positive and negative) were remembered well after the hearing was over. Families’ experience of legal representation was mixed; some felt supported by their lawyer, others felt their lawyer did not adequately represent their lives or views.

Gill Hunter, Senior Research Fellow at the Institute for Crime & Justice Policy Research (ICPR) at Birkbeck, University of London, commented: “This research paper is a first output from our wider research that is seeking to hear firsthand about people’s experiences of ‘the law’. These parents told us, in their own words, what it felt like to be a party in care proceedings in the Family Court. They talked about not understanding a lot of the legal language and their sense of having no voice and being in the background in court hearings about their children. And they candidly shared the more immediate and longer-term impacts of their involvement in the family justice system.”

Lisa Harker, Director of the Nuffield Family Justice Observatory, added: “While data can point us to possible inequalities or problems in the family justice system, it is only by listening to people with firsthand experience that we can begin to understand how to then improve the experience for children and families.

“Hearing that parents perceive themselves to be outsiders at their court proceedings – understanding little of what was being discussed about their own lives – or what a significant impact the kindness of a judge can make on their feelings well after a hearing is over, is incredibly valuable.”

The research paper, Experiences of Public Law Care Proceedings: A briefing on interviews with parents and special guardians, highlights common experiences – both good and bad – before, during and after the court process. The research team’s findings have been shared with the Public Law Working Group (PLWG) sub-group which is exploring how to reform the conduct of care proceedings and the court experience for family members. The team have also brought together justice professionals and people with lived experience to discuss the findings.

The paper is a pilot study as part of a three-year Lived experience of the law research project by the Institute for Crime & Justice Policy Research (ICPR) at Birkbeck, University of London and Revolving Doors, funded by the Nuffield Foundation. The project is exploring effective participation in the judicial processes of England and Wales.