The Welfare Checklist and Its Importance

The Welfare Checklist is an important part of the decision making process in Family Courts as it helps professionals to put the child's needs first.

The Welfare Checklist and Its Importance

In this article, we will take a look at the Welfare Checklist. Any time that a case concerning a child is brought to a courtroom, the court will always consider the best interests of the child or children involved.  Whilst some believe that the parents should be listened to and their opinions and requests should be paramount, it is always the children who the court will prioritise and not the parents.

To ensure that the best outcome is chosen for the child, court professionals and other people involved in the court process will take into account some key criteria.  This is known as the Welfare Checklist and is something of a guideline to follow to ensure that all factors have been considered.

The Welfare Checklist is laid out in Section 1 of the Children Act 1989.

Lets take a closer look at the Welfare Checklist and how it applies to children at the heart of a legal dispute.

The Checklist Criteria

1. The ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);

There is no specified age that a child must be before the court will take his or her feelings into account during the court process.  In general, more weight will be placed on the wishes of the child from the age of around 11 or 12, but it is very dependant on each indivdual child.  It is up to the court and other professionals to decide whether or not the child has the level of maturity required to have a good understanding of the situation.

The child is normally assessed by CAFCASS.  CAFCASS will speak to the child to ascertain their wishes and feelings and then a report will be written to relay back to court.  Sometimes, the judge at court will speak directly to the child although this is less common. Parental Alienation is something that is becoming more recognised by the legal system and the court will do its best to ensure that the wishes of the child are indeed their own and are not influenced by a parent.  Although the wishes of the child may be taken into consideration, this will not be a deciding factor when the court is making a decision. All other pieces of information and arguments are assessed and a decision is made based on all the information that the court has.

2. his physical, emotional and educational needs;

Some children have greater physical needs than others.  The court will consider which parent is better equipped to deal with these physical issues.  Whilst some children won’t have any complex physical issues, the court recognises that those that do may need different levels of physical need as they grow older.  Emotional needs can be a little less straightforward than a child’s physical needs. The court will base their decision on the parents’ ability to meet the child’s needs whilst maintaining the stability they need.

3. the likely effect on him of any change in his circumstances;

The court will usually favour a decision that will have the least impact on a child’s life.  Changes in circumstances can be disruptive to a child, such as an application for a non resident parent to become a resident parent.  Changes in school and social environment are other changes that could be disruptive to a child’s routine.

4. his age, sex, background and any characteristics of his which the court considers relevant;

The court will take into account the age, gender and other factors such as religion and cultural background which differ from child to child depending on their wider family and the individual child.

5. any harm which he has suffered or is at risk of suffering;

The court takes into account harm and potential harm, which is defined as “‘ill treatment or the impairment of health or development”.  The safeguarding of the child is a priority so any control measures that need to be put in place by the court are put into place to ensure that the child is safe. Allegations of domestic abuse are taken seriously and will be examined by the court.

6. how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;

The court will assess both parents to ensure that they are both able to meet the needs of the child whether they are the resident parent or not.  The court needs to consider the accommodation that the parents are able to provide to the child and other ways in which the parents are able to meet the needs of the child.  This is assessed on a case by case basis and considers both parents’ abilities to care for the child, which means that no assumption is made that a mother is better at meeting the needs of the child than the father.

7. the range of powers available to the court under this Act in the proceedings in question.

Sometimes, the court may feel it necessary to exert more control over the parents to ensure that the child’s needs are met and that the child can maintain a good relationship with both parents.  A prohibited steps order to prevent a parent from relocating overseas with the child for example, may be a measure that the court takes to ensure the safety of the child and to maintain contact with the other parent.

The Welfare Checklist is a very important tool in the family court system as it ensures that the court considers all factors for the child and to have the best chance of making a decision that will be beneficial to the child and their upbringing.

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