Child Competence in Public Law Proceedings - Caselaw & Top Tips

Introduction

This webinar will provide the latest update and tips to assist practitioners in a complex and difficult area in ascertaining whether a child has capacity.

It will provide an overview of the law from Gillick up to date to include analysis of the recent case of Re C (Child: Ability to Instruct Solicitor) [2023].

What You Will Learn

This webinar will cover the following:

• How to approach and assess a child’s competency
• Factors to consider when assessing competency
• When to get expert advice?
• Are the differences so fundamental that separate representation is required?
• How to work with the children’s Guardian and the court when considering this and whether there is a need to separate instructions
• How to continue to work with the Guardian after separate representation has been accepted
• Safety issues to be considered - joint visits with the Guardian?
• How should a child’s wishes and feelings be presented to the court?
• Child meeting the judge. Protocol for setting up such meetings
• Recap on child capacity and the Gillick principles and developments
• An analysis of Re C
• Practical advice on how to approach and come to a conclusion on a child’s capacity

This webinar was recorded on 27th February 2024

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