Assessing Competence, Representation on Direct Instructions and Communicating Decisions to Children
Date: 15 October 2025 (via Zoom)
Time: 4.00-6.30pm
The judgment of Williams J in CS v SBH & Ors [2019] EWHC 634 (Fam) underscored the vital role solicitors play in effectively assessing a child’s legal competence. In 2022, the Family Justice Council issued guidance on this topic, aiming to promote a more consistent approach while recognising that every child is unique and each case must be considered on its own facts.
The issue was revisited in C (Child: Ability to Instruct Solicitor) [2023] EWCA Civ 889, in which Jackson LJ provided valuable analysis on the role of judges in meeting with children.
Recent case law has also offered notable examples of judges communicating their decisions directly to children. The publication of Writing to Children – A Toolkit for Judges reflects the growing recognition that children should remain at the heart of family proceedings.
We are pleased to once again offer this highly regarded and popular training opportunity, designed for all practitioners who represent children in public and private family law matters.
Topics for discussion will include:
• Meeting a child client – key principles
• How to assess competence
• How best to communicate and report a child’s wishes and feelings
• The relationship between the Children’s Guardian and the child’s solicitor when representing children
• Communicating outcomes to children
The session will combine workshops with a panel discussion featuring:
• Jason Solomons, Psychologist
• Amanda Madden, Children’s Guardian
• Hannah Perry, Partner at Goodman Ray (and former Co-Chair of the ALC)
We are also delighted to welcome Mr Justice McKendrick to the programme. He will share his insights on representing children and communicating decisions effectively, drawing on his extensive judicial experience. Many members will recall his thoughtful and influential judgment in Re Frank [2023] EWFC 239 (B) — one of the first well-publicised decisions in which a child was written to directly, explaining the court’s decision.
Cost: £40 for ALC members / £60 for non-members.
Places are limited and will be allocated on a first-come, first-served basis. We recommend early booking to avoid disappointment. To register please click here.
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