At Duncan Lewis Solicitors, we are proud to be part of the vibrant nation and to celebrate all that Pride 2025 represents. Pride is a reminder of the ongoing need to uplift, protect, and empower LGBTQIA+ individuals and communities, especially in contexts where they may be vulnerable.
In our Family and Child Care Department, we work with clients from all backgrounds on a range of matters, including adoption, surrogacy, separation, divorce, and child arrangements. Our Leeds office has particular expertise in advising parents and children involved with social services, including representation during the Public Law Outline (PLO) process and in care proceedings.
We recognise that LGBTQIA+ children and parents often face distinct challenges in the family court system. Whether a child is exploring their gender identity or a parent is navigating stigma or discrimination, it is crucial that their voice is heard, their identity respected, and their legal rights protected.
LGBTQIA+ Children in Care Proceedings
Court proceedings are difficult for any family, but for a child or young person coming to terms with their sexuality or gender identity, the emotional and psychological strain can be intensified. At Duncan Lewis, we ensure that all children and parents are supported with sensitivity, understanding, and specialist legal advice.
Here are some key legal principles and considerations when supporting LGBTQIA+ children in care proceedings:
- Court Should Be a Last Resort
Wherever possible, alternative dispute resolution methods such as mediation or solicitor-led negotiation should be explored first. These routes can often resolve issues more quickly and with less emotional and financial cost.
However, when proceedings are unavoidable, we ensure that our clients, especially children, are fully supported throughout.
- The Welfare Principle & Checklist
. Under the Children Act 1989, the court makes decisions based on what is in the best interests of the child and the child's welfare is the paramount consideration. The court will consider the Welfare Checklist when making decisions about children. This includes:
- The child's wishes and feelings (given their age and understanding)
- Physical, emotional, and educational needs
- The impact of any changes in the child's circumstances
- The child's age, sex, background, and personal characteristics
- Any harm suffered or risk of harm
For LGBTQIA+ children, this means the court must consider how decisions may affect their emotional wellbeing and identity, as well as how best to ensure they are protected and supported.
- The 'No Order' Principle
Under Section 1(5) of the Children Act, the court will only make an order if it believes doing so is better for the child than making no order at all. This is designed to prevent unnecessary interference in the child's life.
- Confidentiality and Privacy
Family proceedings are private. Confidentiality is not just a professional duty, it is essential to building trust, particularly with LGBTQIA+ children who may not be 'out' to their parents, carers, or wider networks. At Duncan Lewis, we take our duty of confidentiality seriously. No information will be shared without the client's informed consent.
Our recent Equality and Diversity Survey highlights the firm's ongoing commitment to building a practice that reflects the communities we serve. Across our nationwide teams, we are dedicated to fostering an inclusive, compassionate, and culturally competent legal service.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
