I AM L.I.P

I AM L.I.P

I am a Litigant In Person

The Welfare Checklist

 

When it comes to child arrangements and child issues the courts and every associated organisation make decisions taking into account a list of criteria called the welfare checklist. 

The welfare checklist underpins all decisions made in the court of law regarding children.

The welfare checklist is part of the children act 1989 that has been passed by parliament. Please click the link below to access the act.

LINK TO LEGISLATION UK – WELFARE CHECKLIST

It is important that you are aware of the welfare checklist so you understand why the courts and associated organisations will make the decisions they will in your case OR why they have made the wrong decisions and the welfare checklist has not been followed. 

The question ‘what is in the best interest of the child?’ should be the primary concern of all child proceedings. How does a court or an organisation such as Cafcass answer this question? They will find the answer to this question by gathering information on the 10 points detailed below, getting an overall picture and then finding a positive solution for the child.

Once the court has collected information addressing the 10 points below they will look at the application submitted by the applicant (the parent who has submitted an application to the court for a court order) and what is being asked for. The court will determine whether what is being asked for is correct and whether it should be given. The children act 1989 gives the court immense power and leeway to make decisions and court orders that may have not been applied for, on top of what has been applied for or instead of what has been applied for in child proceedings. The court will always make the best decision for the child.

POINT 1 – THE CHILDS PERSONAL, FAMILY AND CULTURAL FACTORS THAT IDENTIFY THEM

We all have identifiable characteristics which make us who we are therefore the same decisions cannot apply to everyone. Thus the court will take the child’s age, sex, personal development, religion, class and cultural background when making any decisions and court orders for the child. 

POINT 2 – THE CHILDS SHORT TERM, MEDIUM TERM AND LONG TERM NEEDS – PHYSICAL

The court will make the child’s physical needs a priority. A court will make sure a child with any form of disability will be catered for in the present and during their time growing up. 

POINT 3 – THE CHILDS SHORT TERM, MEDIUM TERM AND LONG TERM NEEDS – EMOTIONAL

The court is aware that a child’s emotional needs are complex and not to be taken lightly. The court will need to determine the child’s emotional needs now and how can they be fulfilled. The court is also aware that emotional needs change frequently especially over time as the child is maturing. 

POINT 4 – THE CHILDS SHORT TERM, MEDIUM TERM AND LONG TERM NEEDS – EDUCATIONAL

This is very important. A child will need support, encouragement, an environment to excel in and access to education in the short term and throughout their years in education. 

POINT 5 – THE ABILITY OF THE APPLICANT AND THE RESPONDENT TO FULFILL THE CHILDS NEEDS MENTIONED IN POINTS 2,3 AND 4

Where appropriate and depending upon the individual case the court will look into whether the applicant (the parent making the application to the court for a court order) and the respondent (the parent the application is against) have the following to name a few – 

  • Capability to deal with the child’s age. 
  • Patience to deal with the child.
  • Finances to provide for the child in the short, medium and long term.
  • Finances to cover educational costs.
  • Space to accommodate the child. 
  • The lifestyle to suit the child’s requirements. 
  • Ability to safeguard the child from harm.
  • Time to devote to the child.

There are many more factors about the applicant and the respondent that the court will look into to determine what is in the best interest of the child. 

POINT 6 – HAS THE CHILD SUFFERED HARM IN THE PAST?

The court will ascertain any previous harm (mental, physical and emotional) the child has suffered and by whom, where and in which circumstances. The court will ask why the child wasn’t protected and who failed in this duty.

POINT 7 – IS THE CHILD SUFFEREING FROM HARM NOW?

Continuing from point 6 the court will look into whether any previous harm the child was exposed to is still present and the child is still suffering. They will also try and ascertain if the harm has got worse or whether other forms of harm are now in the picture.

POINT 8 – IS THE CHILD AT RISK OF SUFFERING FROM HARM IN THE FUTURE?

Taking the information form points 6 and 7 the court will determine whether the child is at risk from harm in the future and if so how can this be prevented and the child safeguarded.   

POINT 9 – HOW COULD CHANGE AFFECT THE CHILD?

This point is very important because court decisions could result is changes in a child life. The court needs to consider the impact, the disruption and upheaval these changes will make to the child’s life. Is the child ready for these changes, can they cope with these changes and understand them. How will the child react to the changes and will there be a positive short term, medium term and long term outcome as a result of these changes. 

POINT 10 – THE CHILDS FEELINGS, WANTS AND WISHES.

If the child is old enough to communicate their wishes and wants then the court must listen to the child’s feelings. The child will in most cases be interviewed by a Cafcass officer and be asked questions. The Cafcass officer will determine whether the child understands what is happening, have they been brainwashed, and do they have the maturity to make a proper decision. The Cafcass officer will write a report for the court detailing what the child has said along with their own opinions and judgements. 

Although this is a positive exercise, many parents have openly conveyed the flaws regarding the interviewing of their children. Children mature differently and communicate differently. Not one glove fits all. The Cafcass officer who is responsible for gathering this information can sometimes have preconceived ideas and may be looking for things that are not there. Such as – 

  • The child is using adult words to describe their needs. This can be interpreted by the Cafcass officer as the child has been taught to communicate what one of the parents wants. This may not be the case, in actual fact the child has a good command of English and can express themselves well. The Cafcass officer will put this down as one parent trying to ‘alienate’ the other parent.  In recent times many women who have suffered from domestic violence have been accused of brainwashing their child against the other parent when this is not the case.
  • The child has been taught to ‘hate’ the other parent. Sometimes a child may have witnessed domestic violence from one of their parents towards the other. In this case the child may not want to have relations with the perpetrating parent. A Cafcass officer can interpret this is the ‘parent alienation’ and the parent who has suffered is brainwashing the child against the perpetrating parent. There has been occasions where the Cafcass officer has not taken into account the child has witnessed actions that may make them not want to have relations with one of their parents.

It has been known on occasions for a judge to speak to a child and ascertain the child’s wants directly.