Objectives
The aims of this paper are to describe and assess cross-national differences in the ways that children’s views and wishes are heard in child protection court cases. Courts and court-like bodies are an important element of formal child protection systems across Europe and the world; and the UN Convention on the Rights of the Child requires that children shall ‘be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body’ (Article 12). Courts have to balance the rights of children to express their views with considerations of their age and maturity, their rights to be brought up safely, their parents’ rights, and the responsibilities of child welfare agencies. The dilemmas are common to all countries, but the legal and welfare systems and practices that have evolved to deal with them can differ greatly.
Method
This paper draws on findings from an ongoing study of social work and judicial decision-making in child protection cases (2012-16), comparing policy and practice in Norway, Finland, England and the USA (specifically, California). The study used online questionnaires for child protection workers and court decision-makers (judges and others, such as experts and lay members, according to the different systems). The court questionnaire included (amongst other things) questions about children’s participation in the court proceedings, either directly or through a representative, and the ‘child friendliness’ of the courts.
Results
The court data come from 54 respondents in England (35 professional judges and 19 magistrates, also called ‘lay judges’); 39 judges in California; 65 respondents in Finland (35 judges and 30 experts); and 1,636 respondents in Norway (41 judges, 247 experts and 1,348 lay members). There are differences of opinion between and within the four countries. But in all of them, the cases which get to court are the most serious and intractable, and children’s involvement and representation is freighted with high expectations and multiple requirements. Children’s protection and best interests are to the fore, alongside their views and wishes, and the rights and interests of their parents.
Conclusions
The issue of children’s involvement in child protection court proceedings brings out the overlaps and the tensions between rights to participate and rights to protection from hostile or insensitive treatment. Differences between the legal and welfare systems in different countries, and between the underlying philosophies of child and family welfare, mean that there may be considerable differences in court practices and in the attitudes of judicial decision-makers. The paper highlights key findings from the study, the challenges of interpreting the findings and the potential of cross-national studies.
Assessment and decision making in child welfare , Participation of children and families in child welfare interventions
