Supporting LGBTQIA+ Children in Care Proceedings: A Guide for Families and Professionals

Strategic Insights -

In the vibrant nation of the United Kingdom, Pride 2025 serves as a poignant reminder of the ongoing need to uplift, protect, and empower LGBTQIA+ individuals and communities. At Duncan Lewis Solicitors, we recognize the distinct challenges that LGBTQIA+ children and parents often face in the family court system. Our Family and Child Care Department, particularly in our Leeds office, has expertise in advising parents and children involved with social services, including representation during the Public Law Outline (PLO) process and in care proceedings. We understand that LGBTQIA+ children and parents require sensitivity, understanding, and specialist legal advice to ensure their voice is heard, identity respected, and legal rights protected.

Key Takeaways:

  • The welfare principle is paramount in court decisions, with the court considering the child's wishes and feelings, physical, emotional, and educational needs, and the impact of any changes on the child's circumstances.
  • The 'no order' principle under Section 1(5) of the Children Act states that the court will only make an order if it believes doing so is better for the child than making no order at all, designed to prevent unnecessary interference in the child's life.
  • Confidentiality and privacy are essential in family proceedings, particularly for LGBTQIA+ children who may not be 'out' to their parents, carers, or wider networks.
  • Alternative dispute resolution methods such as mediation or solicitor-led negotiation should be explored before court proceedings to resolve issues more quickly and with less emotional and financial cost.
  • The court should consider the welfare checklist, including the child's wishes and feelings, physical, emotional, and educational needs, and the impact of any changes on the child's circumstances, when making decisions about LGBTQIA+ children.
  • Duncan Lewis Solicitors recognizes the importance of building trust with LGBTQIA+ clients, particularly in maintaining confidentiality.
  • The firm's ongoing commitment to building a practice that reflects the communities it serves is evident in its recent Equality and Diversity Survey.

Statistics:

  • The court's paramount consideration is the child's welfare when making decisions under the Children Act 1989.
  • Section 1(5) of the Children Act establishes the 'no order' principle to prevent unnecessary interference in the child's life.
  • Confidentiality is a professional duty in family proceedings, essential for building trust with LGBTQIA+ clients.

Sources:

  • Children Act 1989.
  • Section 1(5) of the Children Act.
  • Duncan Lewis Solicitors, "Supporting LGBTQIA+ Children in Care Proceedings: A Guide for Families and Children".
  • Mondaq, "Supporting LGBTQIA+ Children in Care Proceedings: A Guide for Families and Professionals".