This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to how family courts in England and Wales assess a child's wishes and feelings in adoption proceedings, explaining legal criteria, the role of Cafcass and Children's Guardians, evaluation of age and understanding, and how views are balanced with welfare factors.
In adoption proceedings, courts in England and Wales must decide what is in the best interests of the child, guided by the statutory welfare principle and welfare checklist under the Children Act 1989 and the Adoption and Children Act 2002. One key element of the welfare checklist is the child's ascertainable wishes and feelings, which the court must consider when making decisions that will affect their future. This article explains how courts gather and evaluate a child's views, the role of professional assessments, the weight attached to those views, and practical considerations in adoption cases involving children of different ages and levels of understanding.
Legal Framework: Welfare Checklist and Adoption
In any court process involving children, including adoption, the court must regard the child's welfare as the paramount consideration. The welfare checklist set out in section 1(3) of the Children Act 1989 includes the child's ascertainable wishes and feelings as a specific factor the court must take into account, with appropriate regard to the child's age and understanding.
In adoption cases, the Adoption and Children Act 2002 similarly requires courts and adoption agencies to consider the child's views as part of placing a child with prospective adopters and deciding whether an adoption order should be made. Adoption agency reports prepared for the court must include details of the child's wishes and feelings about adoption, the proposed placement and contact, where appropriate.
How a Child's Views Are Gathered
Role of Cafcass and Children's Guardians
In adoption and other family proceedings, the court usually directs that a Children and Family Court Advisory and Support Service (Cafcass) officer or a Children's Guardian is appointed. These professionals are trained to work with children and to ascertain their wishes and feelings in a manner suited to their age and comprehension.
The Cafcass officer or Guardian will typically:
- Meet with the child alone, where appropriate, to explore their feelings about adoption and placements;
- Use tools and frameworks (such as the Child Impact Assessment Framework) to understand how family experiences affect the child's emotional wellbeing, attitudes and perspectives;
- Talk to parents, carers, teachers or other professionals who know the child, to help interpret the child's expressions in context;
- Record the child's views impartially and include them in reports submitted to the court.
Professional reports will usually describe what the child said, how the meeting was conducted and how the officer assessed the child's capacity to express views in light of age and understanding.
Tools and Methods
Assessing a child's wishes and feelings is not a standard questionnaire exercise. Professionals use age‑appropriate techniques to support the child's communication, including drawings, structured interviews, play, story‑telling or other methods suited to younger children. Older children and teenagers may articulate their views more directly in meetings or in written form.
The statutory guidance for agency and local authority reports emphasises that a child's views should be recorded if “appropriate, having regard to the child's age and understanding”, and that views should be ascertained on matters including adoption, contact and cultural or religious upbringing.
Age, Understanding and Weight of Views
Age and Maturity Matter
The law does not specify a fixed age at which a child's wishes must be taken into account. Instead, courts assess each child's maturity and capacity to understand the issues in question. A child's chronological age is a starting point, but understanding, emotional development and ability to express reasoned views are more significant in determining how much weight to attach.
For example:
- Younger children (pre‑school or early primary age) may be able to express simple preferences but might lack the cognitive framework to understand long‑term implications of adoption. In such cases, their immediate feelings and comfort levels may be noted but carry less weight.
- Older children and teenagers are generally better able to articulate clear reasons for their preferences, and courts may give their views more significant weight, particularly when well‑expressed and consistent.
Distinguishing Genuine Views from Pressure
Courts are attentive to the possibility that a child's stated preferences may be influenced by loyalty to a parent or carer, coaching or fear of upsetting someone. Judges and Cafcass officers assess whether the views represent the child's genuine perspective or are unduly influenced by others. Independent interviews and multiple sources of information help in making this assessment.
Evaluation in Court Decisions
Integrating Wishes into Court Deliberations
The child's wishes and feelings are one factor among several in the welfare checklist. Courts balance them alongside the child's physical, emotional and educational needs, the likely effect of any change in circumstances, the child's characteristics, and any risks or harm the child has suffered or may suffer. The weight attached to the child's views is proportional to the child's ability to form and communicate a well‑reasoned opinion.
Importantly, a child's wishes do not override welfare concerns. A court may decide that, despite a child's preference, a particular order (such as an adoption placement) is necessary to promote long‑term welfare if it serves the child's best interests overall.
Reporting Officers and Child Input
In adoption cases, the social worker or Cafcass Reporting Officer must address the child's wishes in their report under Practice Direction 14C, often with particular reference to the child's views on adoption and contact arrangements. These reports form essential evidence for judges when assessing whether adoption promotes the child's welfare.
Practical Context and Examples
Younger Children
For very young children, professionals might observe and interpret non‑verbal cues, play themes or reactions during meetings to understand comfort levels with caregivers and proposed changes. These observations help courts understand the child's wellbeing and preferences within the limits of their expressive ability.
Adolescents
Teenagers involved in adoption proceedings may articulate preferences about where they want to live, contact with birth family members or continuity in schooling. These articulated wishes, especially if explained coherently, are likely to carry substantial weight if consistent with the child's overall welfare needs.
Safeguards and Support
Opportunities to Communicate
Children should have access to trusted adults or advocates who can help them articulate views in ways that reflect their genuine feelings. Adoption agencies are required to ensure children understand how their views have been taken into account and, where significant wishes are not acted upon, to help them understand why.
Confidentiality and Sensitivity
Assessments are conducted sensitively to minimise anxiety for the child. Structured reporting and independent professional analysis support accurate representation of the child's lived experience and preferences.
Common Questions
Is there a minimum age for considering a child's wishes?
No statutory minimum exists. Courts assess each child's capacity case by case, guided by age and understanding without rigid age thresholds.
Can a child's views override other factors?
A child's wishes are one aspect of the welfare assessment. They will be balanced with other criteria and will not prevail if acting on the child's preference would harm their broader welfare.
What if a child does not want to participate?
A child's refusal to engage may itself be considered a preference. Courts and professionals will respect reluctance and explore alternative ways to understand perspectives without pressure.
Key Takeaways
In adoption and other family proceedings in England and Wales, courts must consider a child's ascertainable wishes and feelings as part of the statutory welfare checklist. This involves gathering the child's views through trained professionals such as Cafcass officers or Children's Guardians, using age‑appropriate methods and considering maturity and understanding. Views are assessed in context with other welfare factors, and although they can significantly influence decisions-especially for older children-they do not override broader welfare needs. This balanced approach ensures that children's voices are heard in adoption decisions while safeguarding their long‑term wellbeing.
