What is the new social media ban?
The UK Government has recently confirmed that a social media ban for under-16s will be introduced in early 2027. Prime Minister, Sir Keir Starmer, has said “keeping children off social media is the best way to keep them safe online”. A complete list of affected platforms has not yet been released; however, the ban is set to cover platforms including Snapchat, Instagram, Facebook, TikTok and X. The purpose of this intervention is to manage the risks that these platforms pose to minors’ mental health, development and overall safety.
What is the relevance of the social media ban to Family Courts?
Whilst it remains uncertain how social media platforms will manage age verification, the Family Courts will have to deal with the fall out between parents of the above regulations.
As per Section 1 of the Children Act 1989, the welfare of the child is the Court’s main consideration. Previously, the Court has been very reluctant to become too involved with daily parenting decisions, such as the children’s internet usage. As soon as a social media ban is put in place, the Courts will have no other choice but to become involved with such decisions, as this will be relevant in protecting a child from harm.
What factors do the Family Courts consider as part of the Welfare Checklist?
The Court considers a range of factors, for example: the child’s wishes and feelings, any harm which the child has suffered or is at risk of suffering and the capability of the parents to meet the child’s needs.
Following the introduction of the social media ban, the Court will have to assess how capable a parent is to restrict their child’s access to online platforms and if a child is exposed to such platforms, this may be viewed as an emotional risk to the child.
If one parent strictly enforces the social media ban and the other parent does not, this could form the basis of an argument regarding parental suitability.
What legal mechanisms are there to define how digital access is handled between households?
Specific provisions can be included within Child Arrangements Orders, such as banning mobile phone usage during specific contact periods.
As well as this, if a parent discovers that the other has permitted their child to use one of the banned platforms, a Specific Issue Order or a Prohibited Steps Order could be applied for.
If you would like some advice regarding any of the above Orders, please get in touch with the Family Team today – we would be more than happy to discuss your matter further. You can call us at our Leicester office on 0116 255 4855 or our office in Loughborough on 01509 610 312. Alternatively, feel free to email us at legal@johnsonastills.com, or fill in our enquiry form.
