Children and young people’s participation in private law family court proceedings

Doyle, Lauren 2025. Children and young people’s participation in private law family court proceedings. DSW Thesis, Cardiff University. Item availability restricted.

Preview	PDF - Accepted Post-Print Version Download (3MB) | Preview
	PDF (Cardiff University Electronic Publication Form) - Supplemental Material Restricted to Repository staff only Download (122kB)

Abstract

In this thesis, I explore children and young people’s experiences when their family come to court within private law family proceedings. A mixed methods approach was used to generate data, which involved an analysis of 50 Cafcass files held by the Children and Family Court Advisory Service (Cafcass) alongside a workshop with (21) children and young people with experience of family justice. Drawing on key concepts from the sociology of childhood and rights-based practice, I examine the opportunities afforded to children to take part in court and surrounding processes, examining how their views, wishes and feelings are heard. The study situates children as active participants who hold the ability and expertise to shape, experience and make sense of their situations. The study recognises that family court proceedings do not simply ‘happen to’ children or occur for each young person in the same way. I undertake this examination as a social-scientific practitioner, with a closeness to the research area through my social work practice within the field examined. I sought to use my experience of the research setting to garner new insights and ways of understanding the individual stories of children and young people. The study found that within the practice files there is evidence of theoretical and sociological understandings of children and childhood which are used to both uphold and curtail their views, wishes and feelings. Children’s agency is framed by adults and there is a complex relationship within rights-based practice, particularly when balancing young people’s participative and protection rights. Particular attention is given in this thesis to critically engaging with children’s participation, including the context within which opportunities to participate are produced and a meaning applied. Throughout the period of study, work has been ongoing in this area of family justice; there is now greater accountability held for engaging children and young people meaningfully. Practice developments undertaken by Cafcass and the piloting of new approaches to private law family justice demonstrate the recognition that change and improvement is needed. Furthermore, it suggests that there is motivation to improve children’s experiences. The thesis concludes with insights for practice and policy, with the intention of contributing to ongoing developments. It is intended that the outputs from this study contribute not only to the growing body of research in this area, but offer a way forward that is complementary to, and actively progresses, the reform that is taking place.

Item Type:	Thesis (DSW)
Date Type:	Completion
Status:	Unpublished
Schools:	Schools > Social Sciences (Includes Criminology and Education)
Subjects:	H Social Sciences > H Social Sciences (General)
Date of First Compliant Deposit:	27 May 2025
Last Modified:	28 May 2025 16:12
URI:	https://orca.cardiff.ac.uk/id/eprint/178521

Actions (repository staff only)

Edit Item