Radicalisation within Family Proceedings

Radicalisation within Family Proceedings

What defines “Radicalisation”?

In recent years, radicalisation as a theme has arisen markedly in cases presented to the family courts. Radicalisation happens when an individual, often a minor, their parent or even a family member, takes on extremist harmful views presented by terrorist organisations wishing to recruit. Views can relate to religious and socio-political issues, working detrimentally to isolate the victim. A victim’s feelings of insecurity can turn into anger and volatility towards certain groups of people of a different race, religion, gender, sex or lifestyle, with unpredictable consequences.

The family unit should be a sanctuary of support and a basis whereby its members grow by helping children and young people to form healthy views and engage with the world around them as they grow. However, the internet sometimes offers a natural gateway to problematic and harmful ideologies. Increasingly, extremist groups are finding more effective ways to groom vulnerable people in this way. Additionally, radicalisation can arise in the school environment where dangerous ideas and activities can spread easily and young people can be negatively influenced by their peers.

Radicalisation and the impact within family proceedings

The consequences of radicalisation include being drawn into potentially harmful terrorist activity under the illusion of joining a likeminded community. However, organisations and groups such as children’s Services (local authorities) and schools have a duty to protect children from harm, which includes protection from extremist views and ultimately: radicalisation.

The duty of schools and early childcare providers

The s26 of The Counter terrorism and Security Act 2015 binds all schools and early childcare providers to preventing children in their care from being the target of terrorist groups. In other words, they must have ‘due regard’ for the safety of children and their protection from extremist ideology. People who engage with children or vulnerable people should note when they show signs of struggling with their identity, becoming isolated, or struggling with inter-familial tension and take steps to support them, as these can become early warning signs of potential radicalisation.

How can family solicitors assist with cases with elements of radicalisation?

The family unit makes the largest impact on its members. Family law and child care solicitors can assist in many issues arising from suspected radicalisation, but especially so where the child or their parents have been led towards extremist views and tendencies by someone within the family itself.

For example, if a child or their parent have been taught to believe in harmful religious ideologies there is a risk of the child suffering a form of “harm”. This harm can be physical, psychological or emotional. A consequence of the harm could be that they the child is required to be separated from the primary care of the suspected parent. This could lead to an application by a local authority for an Interim Care Order/ Supervision Order In relation to the child in question.

If one of the two parents is associated with radicalisation, then to protect the child, the parent may need assistance to make an application for a Child Arrangement Order. If both parents are associated with radicalisation, then to protect the child a family member may need assistance to make an application for a Child Arrangement Order.  The aim of the orders would be to provide a safe environment for children or young people to explore their environment and build healthy non-harmful relationships with others.

Lastly, if there is a risk the child may be taken abroad to expand their radicalised beliefs an application can be made for them to be made a ward of the court and for the child to be prevented from being removed from the country. Breaching a court order such as this is a criminal offence which can be a successful deterrent against individuals attempting to remove children from the country for purposes associated with terrorism or other forms of extremism.

Ultimately, family law and child care solicitors are well equipped to ensure the safety and wellbeing of children and other vulnerable individuals is centralised, working to resolve or even prevent harm through radicalisation.

How can Duncan Lewis Solicitors assist?

Duncan Lewis Solicitors has specialist solicitors who represent parents, family members and children in applications made in this niche and specialist area of law.  Our solicitors, trainee and caseworkers speak around 60 languages between them, to assist clients where required.

How can the case be funded?

Duncan Lewis solicitors can provide legal aid depending on the type of application that has made. Our specialist solicitors are more than happy to assist making assessments for legal aid.