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All courts have a duty to consider the welfare of any child before them, whether as a witness, victim or defendant.

“Every court in dealing with a child… shall have regard to the welfare of the child or young person and shall in a proper case take steps for removing him from undesirable surroundings, and for securing that proper provision is made for his education and training.”1

Article 3(1) United Nation Convention on the Rights of the Child states that the best interests of the child are a primary consideration for all public bodies, including courts.2

  1. Section 44(1) Children and Young Persons Act 1933  (back)
  2. See for example ZH(Tanzania v Secretary of State for the Home Department [2011] UKSC 4 at paragraph 21 onwards  (back)