Private Children Law - 2025 Virtual Conference

Introduction

Chaired by Katharine Bundell, this conference offers a timely opportunity to engage with the latest thinking and developments in private law children proceedings. With a focus on risk, welfare and safeguarding, the event will explore how the courts approach complex fact-finding, the growing interest in alternatives to litigation, and the wider themes shaping current practice. Drawing on both domestic experience and international perspectives, the expert panel will share practical insights and critical reflections to support effective and sensitive decision-making in this evolving area of law.

Conference Agenda

This live and interactive 5 hour conference will cover the following:

10am-11am: Welfare, Risk & Safeguarding Reports: s7, s37 and s16A Explained

Katharine Bundell

An essential overview of the three key types of reports under the Children Act 1989: section 7 welfare reports, section 37 child protection investigations, and the increasingly used section 16A risk assessments. The session will explain the purpose and scope of each report, the different parameters of the reports, and when to ask for each one. It will also offer practical guidance on identifying the right report for different circumstances and how to effectively challenge a recommendation when a report’s findings are in dispute.

Morning Break

11:10am-12:10pm: Fact Finding Hearings in Private Children Proceedings

Stuart Barlow

This session will explore the role and importance of fact-finding hearings in private children law cases, particularly where allegations of domestic abuse or other serious welfare concerns arise. It will provide practical guidance on when such hearings are necessary, how to prepare effectively, and the key principles established in recent case law. It will also consider the important role of the Qualified Legal Representative (QLR) in cases where the alleged perpetrator is a Litigant in Person.

12:10pm-1:10pm: Beyond the Courtroom: Rethinking Dispute Resolution in Private Law

Stephen Wildblood KC MCIArb, 3PB

With growing recognition that court should be a last resort in private children law matters, this session examines practical alternatives to litigation and their implications for legal practice. It will consider how early intervention, mediation, and other non-court options can lead to more sustainable outcomes for families, while also addressing the lawyer’s role in guiding clients through these pathways. Attendees will gain a clearer understanding of when and how to steer cases beyond the courtroom, in line with both best practice and client interests.

Break for lunch

2-3pm: Current Themes in Private Law Children Cases - The Good, the Bad and the Very Ugly

Darren Howe KC, 1 Crown Office Row

This session will provide a practical and candid exploration of the key trends, challenges, and developments currently shaping private law children proceedings. From encouraging examples of best practice to more problematic procedural and evidential issues, the session will cover a wide range of topical themes encountered by practitioners. Drawing on recent case law and frontline experience, it will offer valuable insights into how to effectively navigate complex and sensitive disputes, with a particular focus on managing difficult dynamics and achieving child-focused outcomes.

Afternoon break

3:15-4:15pm: Children’s Cases - Lessons from Overseas’ Courts - What Works & What Does Not

Sarah Lucy Cooper, Barrister, Thomas More Chambers

This session will provide an insightful overview of how different jurisdictions approach key aspects of private children law. Topics covered will include the representation of children, confidentiality of proceedings and information relating to children, the use of parenting co-ordinators, and the role and handling of expert reports. The session will also explore comparative practices in capturing and considering children's wishes and feelings, as well as the use of mediation in resolving disputes. Attendees will gain a valuable international perspective on evolving best practices and alternative approaches to familiar challenges.

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.