ABSTRACT
This chapter examines when and to what effect the views of a child may contribute to a decision taken by the judiciary, local authority or others in relation to that child’s legal interests. The statutory duty placed on the courts is to apply the paramountcy principle in certain proceedings when determining matters affecting the welfare interests of a child. In the Children Act 1989 the law explicitly and systematically addresses the circumstances in which the child’s views should be sought and taken into account on matters affecting his or her welfare interests. Local authorities are frequently faced with problems in relation to older adolescents in care who make reasoned decisions which are not in keeping with their welfare interests. The judiciary have virtually no obligation to identify welfare interests in the context of uncontested private family law proceedings. In private family proceedings the duty upon others in relation to the views of a child is at its weakest.
