Children could be challenged by cross-examination

Children might be forced under the Human Rights Act 1998 to face cross-examination about alleged sexual abuse in child care proceedings, according to a leading family law barrister.

Speaking at the Bar Council's annual conference, Andrew McFarlane QC said one requirement of a fair trial - the right to which is enshrined in art.

6 of the European Convention of Human Rights - is that the proceedings are 'adversarial'.

At present, domestic courts hold that child care proceedings are non-adversarial, but Mr McFarlane pointed out that this would be 'potentially incompatible with the right to a fair trial'.

He added: 'The common practice for children not to be cross examined in family courts may well be challenged.'

Mr McFarlane drew attention to other ways in which family law could be affected by the Act - for example, the principle of 'equality of arms' could affect divorce cases where only one party has access to legal aid.

Victoria MacCallum