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12 March 2009 / Geraldine Morris
Issue: 7360 / Categories: Features , Public , Child law , Family
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Family: Children as applicants

Geraldine Morris on the isolation of children in family proceedings

Family life is not straightforward, most of all for children whose families live in more than one home who may have siblings or half siblings from multiple relationships.

The 2007 report by the NSPCC Your Shout Too! surveyed children involved in Children Act 1989 proceedings. The children who took part in the survey (in collaboration with the Children and Family Court Advisory and Support Service) were aged between 11 and 18 and 90% had a sibling or half sibling.

The survey findings highlighted the following:

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    ●     Only 7.5% of the children attended court.
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    ●     Of those who did not attend court, 40% would have liked to and to have had the opportunity to speak to the judge.
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    ●     16% of the children said they did not see a sibling or half sibling who lived elsewhere as often as they would like and that this was a significant source of sadness, anxiety and/or frustration.

There has been

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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