On 26th February 2025, the then President of the Family Law Division, Sir Andrew McFarlane, brought in new guidance for Family Law Judges regarding them writing to children.
A tool kit ‘Writing to children – a toolkit for Judges’ was created and published using input from young people with experience of Court Proceedings. This tool kit is now being used by Judges when they write to a child within proceedings.
Writing to children in proceedings allows the child or children involved a chance to understand how and why a decision was made about them by the Judge but also gives the child a chance to participate.
It is really important that any letter written by a Judge to a child is written in a way that they can understand and importantly, process the letter, explaining the why’s and how’s. The letter should also explain how the child’s wishes and feelings were taken into account during any decision-making process. This should make the child feel that their views are and experiences have been heard and fully understood by the Judge.
With the Judge’s fully explaining within the letter exactly what was decided and why, even if this was not the child’s expressed outcome, it supports a child’s ability to accept decisions made about them.
The letter also provides a child with a written record for them to look back on should they wish to do so in the future, which will help with their later understanding and support their life stories.
The toolkit provides Judges with top tips when writing letters, such as:
- Tailoring the letter to the child’s individual needs, to take into account their age, speech and communication needs, learning needs and cultural background.
- Keep the letter short and concise, so not to overwhelm a child with too much information.
- Use professionals who closely work with the children when drafting the letters, such as Children’s Guardians and Social Workers, who can offer insight in how a letter can be drafted.
In March 2026, a year after the toolkit was first publicised, Sir Andrew McFarlane, has published an updated toolkit for Judges, following questions raised, providing a response to those questions. The update provides for more example letters and the specific role of AI in the process of writing to children. The update also provides further reflections on how Judges can be even more responsive to the diverse needs and backgrounds of the children.
Sir Andrew McFarlane commented:
“The publication of this toolkit for Judges writing to children is a most welcome event. The benefit of Judges communicating with a child at the centre of proceedings has long been recognised, yet, few of us have ever written to a child to explain our decision in their case. There is an understandable judicial reluctance in this regard, partly because of the realisation that the letter will be important and there is fear of saying the ‘wrong thing’. In addition, Judges may be worried that it will take a good deal of time to get the letter ‘right’, coupled with the well-known inertia that comes from starting at a blank page, without a template or previous experience to guide the writer.”
Evidence collated on children’s experiences of being involved in court proceedings has shown that when children feel heard, understood and informed about court proceedings, it can help the child feel better and understand the decisions being made about them. Evidence shows that when this does not happen, it can increase distress, uncertainty and confusion for the child.
A child, 16yrs, said:
‘I definitely prefer that [being informed by a Judge] because then I know it’s coming from someone who is not like, is not part of whatever is happening. So like, they’re just doing their job and finding facts. Definitely someone in the middle ground to tell you what’s going on. Someone not to do with the family or not on a side.’
Writing to children is one important way of ensuring they have the opportunity to participate in Court proceedings. A child’s right to participate and have the final decision communicated to them in a way they can understand is a way of both informing a child of welfare-based decisions whilst upholding a child’s rights and access to justice.
If your child is the subject of Court proceedings and you would like expert legal advice, please get in touch with Johnson Astills to see how we can assist. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Care Team or Family Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.
