Understanding Children’s Court Processes and Decisions: Perceptions of Children and Their Families
| Author | John Frederick,Bernadette J. Saunders,Gaye Lansdell |
| DOI | 10.1177/1473225419890691 |
| Published date | 01 December 2020 |
| Date | 01 December 2020 |
https://doi.org/10.1177/1473225419890691
Youth Justice
2020, Vol. 20(3) 272 –292
© The Author(s) 2019
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DOI: 10.1177/1473225419890691
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Understanding Children’s
Court Processes and Decisions:
Perceptions of Children and
Their Families
Bernadette J. Saunders, Gaye Lansdell
and John Frederick
Abstract
This article presents preliminary findings regarding children’s and families’ experiences of Children’s Court
proceedings in which they are participants. The findings come from a systematic review of Australian and
international qualitative literature in relation to how children and their families perceive and understand
these court processes. The review reveals that we know little about children’s and parents’ perspectives.
However, their insights are vital so that courts can reasonably address issues and concerns, give effect
to obligations under the United Nations Convention on the Rights of the Child (CRC) 1989 and foster a
problem-solving, therapeutic court approach.
Keywords
Children’s Court, court decisions, court participation, court processes, procedural justice
Introduction
Our purpose in this article is to present preliminary findings regarding children’s and
families’ experiences of Children’s Court proceedings in which they are participants.
Understanding court processes and experiencing procedural fairness are important in
determining court participants’ satisfaction with judicial decisions and outcomes (Carman,
2010; Tyler, 1988). A positive correlation between participants’ feelings of some degree
of control over the court process and, in turn, positive views of fairness has long been
established (Thibaut and Walker, 1975).
This article builds on Sheehan and Borowski’s (2013) national assessment of Australia’s
Children’s Courts. Through a qualitative synthesis of research data in refereed journal
articles, published between January 2006 and March 2017, we explore Children’s Court
Corresponding author:
Bernadette J. Saunders, Monash University, Caulfield East, VIC 3145, Australia.
Email: bernadette.saunders@monash.edu
890691YJJ0010.1177/1473225419890691Youth JusticeSaunders et al.
research-article2019
Original Article
Saunders et al. 273
experiences of participating children and their families, focussing on their involvement in,
and understanding of, legal proceedings. We highlight the participants’ perceptions of
whether they were given an opportunity to express their views and insights, and whether
they believed that they had been heard and given respectful consideration in both the pro-
ceedings and outcomes. Prior to presenting our findings, we provide some background
with regard to the importance for participant children and their families of experiencing
procedural fairness, understanding court processes and decisions that affect their lives,
and on being given the opportunity to reflect on their court experiences through research
that might contribute to improved processes and outcomes. We also provide a brief over-
view of the different children’s criminal courts and child protection courts in Australia
(comprising New South Wales, Victoria, South Australia, Western Australia, Queensland,
Tasmania, Northern Territory and the Australian Capital Territory) and the United
Kingdom (comprising England, Scotland, Northern Ireland and Wales).
The Importance of Children’s and Families’ Comprehension,
Participation and Recognition
In 2007, Tyler et al. produced a model highlighting the four key procedural justice ele-
ments positively related to individual satisfaction with court outcomes. The model empha-
sises ‘voice, participation, neutrality and acknowledgement of the rights, needs and
concerns of people involved in the decision’ (Tyler et al., 2007: 470). Numerous scholars
have endorsed the validity of this model (as referenced in Jenness and Calavita, 2018).
The outcomes for children, youth and parents involved in either child protection or wel-
fare court proceedings or criminal court proceedings can set the course of their future
lives. Their understanding of what occurs in the courtroom and their sense of both involve-
ment and being heard in the court proceedings are integral to just and constructive out-
comes (Kilkelly, 2010; Rap, 2016). Furthermore, the involvement of children and parents
in court proceedings is mandated in international law (UN Convention on the Rights of the
Child (CRC) (1989); UN Committee on Rights of the Child, General Comment No. 12
(2009) and more recently the European Guidelines on Child-Friendly Justice (Kilkelly,
2010), discussed further below).
Despite this, a UK study of courts with jurisdiction related to the welfare of vulnerable
people, involving 735 ‘looked after children and young people’ in England, Northern
Ireland, Scotland and Wales reported that stress resulted from insufficient information
about court processes and decisions, and a lack of opportunity for children and young
people to voice their needs and wants (Timms and Thoburn, 2006: 167). In the United
States, Block et al. (2010) found, in their study of juvenile courts, that many children were
unaware of the outcome of their court case and did not believe that their perspectives had
been heard (p. 665). Moreover, Quas et al. (2009), in their study of children’s understand-
ing of dependency court proceedings, found children need help to interpret the legal pro-
cess and understand what is happening in their own case. Furthermore, O’Mahony et al.
(2012, 2016) found, in their observational research work in child protection courts in
Ireland, that parents were concerned about their limited participation in care proceedings.
Similarly, in her observational research into Irish Children’s Courts, Kilkelly (2008) noted
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