When the court is asked to make a decision regarding a child, their welfare is the primary concern. Central to this decision-making is of course the "welfare checklist," a well established series of factors the court must consider, with the very first being the wishes and feelings of the child.

However, determining a child’s true wishes and feelings can be challenging, especially if the child is very young. In such cases, the court relies on the Children and Family Court Advisory and Support Service (Cafcass) to assist in understanding what the child wants. Cafcass officers act as social workers appointed by the court to speak to children in a way that is appropriate for their age and developmental stage. They then relay the child's views to the court through an initial safeguarding letter, and if necessary, a more detailed report.

For families with sufficient financial resources, it is also possible to hire an independent social worker to gather and report a child’s feelings, though Cafcass typically remains the default service used. This must however satisfy the tests of necessity and proportionality.

The Young Persons Appointment (YPA) Initiative

In 2023, family courts in Surrey and Sussex introduced an innovative approach called the Young Persons Appointment (YPA). This initiative aims to streamline the process of gathering children’s views during court proceedings, avoiding the often long wait times associated with written reports from Cafcass. This is somewhat nostalgic of a historic approach known as a conciliation appointment, which lost its way as a consequence of limited court resources and the increase in private children applications.

How Does a YPA Work?

The YPA process begins with the consent of both parents. A highly experienced Cafcass officer meets with the child or children without the parents present. During this meeting, the officer works to explore the child's views, ensuring that they are expressing their own thoughts rather than repeating what a parent may have said. This is a crucial aspect of the YPA, as Cafcass officers are skilled in identifying when a child might be influenced by a parent's views rather than their own.

After meeting with the child, the Cafcass officer promptly attends court, usually within a day, to relay the child’s wishes and feelings to both the parents and the judge. This process helps ensure that the child’s voice is considered in decisions about their future. The hope is that hearing the child’s views will help parents focus on what is best for the child, rather than their own preferences or assumptions.

The approach also encourages parents to remain open-minded, as it can be challenging to hear information that contradicts one’s personal beliefs about what the child wants. However, the aim is to facilitate a child-centered resolution to disputes, allowing the parents to make decisions that prioritize the child’s well-being.

Our experience with a YPA Hearing

Having recently attended a YPA hearing, we can appreciate the significant benefits of this process, especially when the issues between parents are narrow and relatively straightforward. For example, in a recent case, the parents had agreed to share the care of their children, ages 11 and 13. However, they were in disagreement about whether the children should stay overnight with the father during the school week or return to the mother’s home just before bedtime.

The children clearly expressed a desire to stay with their father overnight, a wish that the mother initially found difficult to accept but eventually agreed to after hearing the children's views conveyed by the Cafcass officer.

The YPA’s rapid timeline is and was in the above particularly valuable for families with limited financial resources, to engage in unnecessarily lengthy and costly proceedings.

Additional Benefits of YPA Hearings

Another benefit of the YPA process is that it is heard before a District Judge, rather than Magistrates. In children’s proceedings, hearings are often conducted by Magistrates, who are lay people without formal legal training. As a result, they have less decision-making power compared to District Judges, who are more able and willing to make binding decisions on the spot, provided both parents consent. This ensures that the proceedings are concluded quickly, without the need for multiple court hearings.

In the case we referred to, the District Judge had the authority to resolve the key dispute between the parents without further hearings. After the decision was made, the Cafcass officer arranged a video call with the children that evening to confirm the outcome. This prevented the parents from needing to have potentially difficult conversations with their children directly, reducing the emotional strain on everyone involved.

Logistical Considerations and Challenges

Despite the benefits, there are some logistical challenges to the YPA process. One of the key issues is determining where Cafcass can meet with the child. It is preferable for Cafcass to conduct these meetings in a neutral location, such as a school, to avoid adding stress to the child. However, in some instances, such as during school holidays, it may not be possible to meet in a neutral location.

In our case, the Cafcass officer was able to meet with the children at a neutral location near the court. However, this may not always be feasible, as it depends on the availability of suitable facilities near the court. If the child must meet at the court building, the process may lose some of its efficiency, especially if the child is emotionally affected by being in a court setting. The impact of this on the child’s well-being will vary depending on their age, understanding of the situation, and emotional resilience.

Looking to the Future: Expansion of the YPA Initiative

The success of the YPA initiative in Surrey and Sussex raises the possibility of expanding this process to other regions of the UK. As family courts continue to face pressure from high case volumes and limited resources, initiatives like YPA offer a promising solution to reduce delays and ensure that children’s views are heard in a timely and effective manner. It will be interesting to see whether the YPA initiative will eventually become a nationwide practice and whether it will evolve to meet the needs of families across the country.