Children and the Court System

There are several occasions when children may be directly or indirectly involved with the court system, and they will often require support through the process. 

In the UK, there are 3 types of court that children and young people may be involved with: tribunals, the criminal court and the family court (part of the civil court system). However, they are most likely to be involved with the latter two.  

Tribunals are also part of the civil court system and, regarding children and young people, hear cases like disputes about EHC plans, Universal Credit and employment issues. 

Criminal court 

Crown and Magistrates’ courts hear cases where individuals are accused of breaking the law, such as robbery, murder and driving offences. 

Youth courts deal with cases against people aged 10 to 17 (in Scotland they have Children’s Hearings for 12-17 year-olds), involving theft and burglary, anti-social behaviour, and drug offences. If a person under 18 is charged with a serious offence like murder or rape, the case will start in the youth court before being passed to the Crown Court.  

Youth courts are less formal than the Crown or Magistrates’ courts because they do not use a jury, a parent or carer must attend if the young person is under 16, and members of the public are not allowed in the court. 

A youth court can give community sentences and detention or training orders which will be carried out in secure centres for young people.  

Family court 

Family court deals with issues related to families, such as, divorce, childcare proceedings and domestic abuse.  

Family court is less formal than criminal court. The rules of evidence are not as strict, and witnesses are not required to take an oath before they testify. There is no jury, and family court judges can use their discretion to consider the best interests of the child when making a ruling.  

What might the impact be? 

The experience of being involved in a court case can differ from one child to the next, regardless of whether they are the victim, the defendant, a witness or are incidentally involved.  

• Involvement with the courts can be stressful and lead to poor physical and mental health. 
• In both criminal and family courts, the decision rests with someone else, and can lead children and young people to feel they have no control over their future. 
• The outcome of the court proceedings could significantly change the child’s life, for example, they may have to move home, change school, be taken into care, or face a custodial sentence. 
• There may be many unanswered questions that leave the child feeling confused about what is happening to them and what the outcomes may be. 
• Court appearances may cause/entrench conflict within families or groups. Arguments between family members may be witnessed by children and young people. 
• There may be personal risk involved, for example, they may have been threatened or pressured not to give evidence. 
• Some children may be absent from their education setting due to stress-related illness or unable to focus on their work. It may also lead to changes in behaviour and some children may become unusually quiet, while others may become aggressive.  

When working with parents and carers, practitioners should prioritise a child-centred approach, fostering partnerships to ensure understanding, support and safety. 

Remember:

• Collaborative efforts are crucial, especially in cases of suspected harm. 
• Practitioners must engage effectively with diverse families, demonstrating empathy, respect and cultural awareness. 
• Communication should be clear, inclusive and accessible. Encouraging parental/carer involvement in decision-making and valuing their input is essential. 
• Involving families and communities in designing processes fosters a holistic approach to safeguarding children. 
• Continuous reflection and adaptation based on feedback from parents and carers enhance practice effectiveness.
• Have you considered if:
  
  * parents or carers are embarrassed to disclose that they’re experiencing difficulties that have resulted in going to court?
  * you can help parents/carers explain what is happening within their family in an age-appropriate way?
  * you could be involved in establishing any new routines to help the child adapt to their new circumstances? 
  * the families of children convicted of crimes/victims of crimes need additional support?
  * the child is being used as part of any adult acrimony and/or being positioned to take ‘sides’ between their family members?

More information on court processes 

For more information about the different orders that can be made in family court, see our Types of Order page. 

For information about giving evidence in court, members can access our Courting Trouble post.