⟡ On Regal’s Direct Representation to the Judge ⟡
Filed: 21 September 2025
Reference: SWANK/ChildVoice/ADD-016
Download PDF: 2025-09-21_Addendum_RegalLetterToJudge_DirectRepresentation.pdf
Summary: Regal’s handwritten letter asserts his right to speak directly to the judge, invoking Children Act, UNCRC, and human rights law.
I. What Happened
• On 20 September 2025, Regal (aged 16) wrote a handwritten letter addressed to the presiding judge.
• In the letter, Regal requested to speak directly, citing his strong views on where he and his siblings should live.
• He affirmed his maturity and capacity to make his wishes clear and to have them taken seriously.
II. What the Document Establishes
• Procedural breach – Suppressing this request would contravene the Family Procedure Rules and Children Act 1989.
• Evidentiary weight – Regal’s letter is direct, authentic, and mature, qualifying as independent representation.
• Educational significance – Demonstrates how children at 16 articulate autonomy and protective concern for siblings.
• Power imbalance – Highlights systemic efforts to filter children’s voices through professionals.
• Structural pattern – Reflects the broader culture of silencing children in safeguarding proceedings.
III. Why SWANK Logged It
• To preserve Regal’s authentic words as part of the evidentiary record.
• To show the Court that a 16-year-old’s autonomy is recognised under both domestic and international law.
• To document institutional reluctance to hear directly from children.
• To ensure this instance joins the SWANK pattern archive of children’s voices being filtered or suppressed.
IV. Applicable Standards & Violations
• Children Act 1989, s.1(3)(a) – child’s wishes and feelings must be considered in light of age and understanding.
• FPR 2010, rr.16.4 & 16.29 – right to direct participation in proceedings.
• PD12B – requires the child’s voice to be heard directly in child arrangements.
• UNCRC, Article 12 & General Comment No. 12 (2009) – direct communication with decision-makers is a fundamental right.
• ECHR, Articles 6 & 8 – breach of fair process and family life if Regal’s letter is ignored.
• Case law: Mabon v Mabon [2005], Re W [2010], Gillick [1986].
• Bromley’s Family Law – affirms decisive judicial weight for children’s views at 16.
• Amos, Human Rights Law – stresses proportionality and evolving capacity.
V. SWANK’s Position
This is not “a note to be filtered by CAFCASS.” This is direct representation to the Court.
• We do not accept that a 16-year-old must speak only through intermediaries.
• We reject the suppression of Regal’s voice.
• We will document every attempt to silence him.
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