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Archive for category: Children and Family Justice

You are here: Home1 / Blog2 / 6. Tools Templates Research & Cases3 / Children and Family Justice

Children, Character and Adult Responsibility: A JSH Law Response to Katharine Birbalsingh

June 29, 2026/0 Comments/in Children and Family Justice/by jessica susan hill

Katharine Birbalsingh’s speech is uncomfortable because it forces us to ask a question many adults would rather avoid: what are we actually teaching children about responsibility, duty, truth, resilience and moral character? This is not just an education debate. From a family justice and safeguarding perspective, it goes much deeper. Children are growing up in a world where adult conflict is often normalised, social media shapes identity before maturity has formed, boundaries are confused with harm, and “listening to the child” is sometimes misused as an excuse for adults to step back from their own responsibility. Children need rights, protection and compassion. But they also need adults who are brave enough to lead, set boundaries, tell the truth, model self-control and keep adult problems away from childhood.

Children • Safeguarding • Family Justice • Education

“This Is a Civilisational Failure”: What Katharine Birbalsingh’s Speech Gets Right About Children, Character and Adult Responsibility

Children do not become resilient, responsible and emotionally safe by accident. They need adults, families, schools, courts and communities who are willing to provide boundaries, truth, stability, moral clarity and protection.

Summary

Katharine Birbalsingh’s ARC26 speech, titled “This is a civilisational failure!”, argues that the West’s moral crisis is connected to the values adults have taught children. Her focus is education, culture, duty, responsibility and moral character. This article looks at that argument from a JSH Law perspective: family justice, safeguarding, children’s welfare, social media, parental responsibility, coercive control, litigation abuse and the reality of what happens when adults fail to provide children with safe, stable and morally coherent leadership.

In this article

  • Why this speech matters beyond education
  • The problem with outsourcing children’s character formation
  • Why “boundaries” are not the same as cruelty or control
  • What family justice teaches us about adult failure
  • How social media has changed childhood
  • The legal and safeguarding framework
  • What this means for parents, schools, professionals and litigants in person

Katharine Birbalsingh is not a neutral figure in public debate. She is known for strong views on discipline, education, culture and responsibility. Her school, Michaela Community School in London, has attracted both admiration and criticism for its strict ethos and high expectations. Ofsted’s 2023 report recorded that the school continued to be outstanding, noting exceptionally high expectations for behaviour, academic work and personal development.

That does not mean every person will agree with every word she says. They will not. That is not the point.

The point is that she is asking a question many adults would rather avoid:

What are we actually teaching children about life, duty, truth, responsibility, resilience and moral agency?

That question matters deeply in family justice.

Because by the time families arrive in the family court, the issue is rarely just one isolated argument, one missed contact, one unpleasant message, one school dispute, one failed handover or one parenting disagreement. What the court often sees is the end result of patterns: adult conflict, poor boundaries, coercive behaviour, emotional dysregulation, unsafe communication, entrenched grievance, parental alienating behaviours, domestic abuse, social media escalation, financial pressure and adults using children as witnesses, messengers, weapons or emotional support.

That is where the phrase “civilisational failure” lands differently.

It is not just about schools.

It is about what happens when adults abandon their responsibility to form, protect and guide children.

Children Need More Than Rights Language

Children have rights. That matters. Children must be listened to. Their wishes and feelings matter. Their safety matters. Their identity matters. Their emotional wellbeing matters. Their autonomy develops as they mature.

But children also need adults to understand something that modern systems sometimes avoid saying clearly:

Children are still children.

They are not miniature adults. They should not be expected to carry adult conflict, adult ideology, adult loneliness, adult emotional need or adult decision-making. They should not be placed in the middle of parental warfare and then told it is “their choice”. They should not be handed a smartphone, exposed to adult content, pressured by algorithms and then blamed for becoming anxious, reactive, sexualised, aggressive, withdrawn or confused.

A child’s voice matters. But a child’s voice is not the same thing as adult abdication.

The safeguarding point

Listening to children does not mean abandoning adult responsibility. A child can be heard, respected and taken seriously without being made responsible for adult decisions, parental conflict or unsafe family dynamics.

In family court language, this distinction is crucial. The court may consider a child’s wishes and feelings, having regard to age and understanding, but the child’s welfare remains the court’s paramount consideration when deciding questions about upbringing under section 1 of the Children Act 1989.

That is not accidental. It reflects a hard truth: children may have strong wishes, but adults and courts still have a duty to assess safety, context, pressure, manipulation, welfare and long-term impact.

The Problem With Outsourcing Character Formation

One of the strongest themes in Birbalsingh’s speech is the idea that children are being taught to see the world through narrow and destructive frames: oppressor and oppressed, grievance and blame, identity and victimhood.

That point needs careful handling.

There are real victims. Domestic abuse is real. Coercive control is real. Racism is real. misogyny is real. poverty is real. disability discrimination is real. institutional failure is real. Children who are harmed should not be told to “toughen up” while adults protect the systems or people who failed them.

But there is also a serious danger when children are taught that identity alone explains everything, that personal responsibility is oppressive, that boundaries are harm, that discipline is abuse, that all discomfort is trauma, and that the correct response to difficulty is always blame.

That is not empowerment.

It leaves children fragile, reactive and dependent on external validation.

Real safeguarding is not about wrapping children in cotton wool. It is about helping them become safe, capable, truthful, resilient and morally responsible people.

A better balance

Children need both compassion and accountability.

They need both protection and resilience.

They need both rights and responsibilities.

They need adults who can say: “What happened to you matters, and what you do next also matters.”

Boundaries Are Not Abuse

This is where the conversation becomes difficult, particularly for those of us working around domestic abuse, coercive control and safeguarding.

We need to be precise.

Boundaries are not the same as control.

Discipline is not the same as domination.

Authority is not the same as coercion.

But abusive adults often misuse the language of discipline, respect, culture, religion, family values and parental authority to justify harmful behaviour. That is why we must distinguish healthy structure from coercive control.

Healthy boundary Coercive control
Clear, age-appropriate rules explained calmly. Rules used to frighten, isolate, humiliate or dominate.
Consistent consequences linked to behaviour. Punishment that is unpredictable, disproportionate or designed to break the person down.
Encouraging responsibility and repair. Demanding submission, silence or compliance.
Protecting a child from harm. Using “protection” as an excuse to monitor, isolate or control.
Adult authority exercised for the child’s welfare. Adult power exercised for the adult’s ego, image or control.

Family courts, schools, social workers, Cafcass and professionals must be able to hold both truths at once.

Children need boundaries.

Children also need protection from adults who weaponise boundaries.

Family Justice Shows Us What Happens When Adults Fail

In family proceedings, the court often has to pick through the wreckage of adult failure.

A parent refuses to communicate safely.

A child is told too much.

A parent presents adult grievances as the child’s wishes.

Contact becomes a battleground.

Allegations are minimised, exaggerated, ignored or weaponised.

Domestic abuse is reframed as “conflict”.

Coercive control is missed because professionals look for single incidents rather than patterns.

A child learns that love means loyalty tests, emotional pressure, secrecy or fear.

This is why character formation cannot be treated as a soft issue. It has legal, emotional and safeguarding consequences.

The family court reality

When adults do not regulate themselves, children are often forced to adapt around adult dysfunction. That adaptation may look like “choice”, “maturity” or “strong wishes”, but sometimes it is survival, pressure, loyalty conflict or emotional exhaustion.

That is why evidence-led family justice matters.

Courts need more than accusation and counter-accusation. They need clear chronology, patterns of behaviour, examples, impact on the child, safeguarding analysis and practical proposals. Professionals need to ask not only, “What does the child say?” but also:

  • What has the child been exposed to?
  • Who has had influence over the child’s narrative?
  • Is the child being placed in a loyalty conflict?
  • Has one parent used litigation, money, communication or contact arrangements as pressure?
  • Are there patterns of intimidation, monitoring, isolation or emotional manipulation?
  • What would make this child safer, calmer and more secure?

Social Media Has Changed Childhood

Birbalsingh’s speech also points toward a wider cultural problem: children are being shaped by social media, algorithms and online culture at a scale adults have not properly controlled.

We should be honest about this.

Many children now receive moral instruction from platforms designed to capture attention, provoke reaction, reward outrage and keep users scrolling. That is not a neutral environment. It changes language. It changes expectations. It changes how children understand identity, relationships, sex, conflict, popularity, shame, humiliation, violence and status.

The Online Safety Act 2023 reflects Parliament’s recognition that online platforms have duties in relation to illegal content and children’s exposure to harmful material. Government materials on the Act describe duties on platforms to protect child users and enforce age limits more consistently.

But legislation alone will not raise children.

Parents, schools and communities cannot simply say, “The platform should sort it.” Of course platforms should be held to account. But adults also need to know what children are watching, who they are speaking to, what messages are shaping them and whether online life is becoming a substitute parent.

Practical safeguarding questions

  • Does the child have unrestricted access to adult content?
  • Are they being drawn into misogynistic, violent, extremist or self-harm content?
  • Are they being groomed, pressured, bullied or humiliated online?
  • Are parents using phones to monitor, control or interrogate the child?
  • Is one parent using messages, screenshots or social media to influence the child against the other?
  • Is online activity affecting sleep, school, anxiety, aggression or family relationships?

The Legal Framework: Welfare, Safeguarding and Adult Responsibility

From a family law perspective, this debate must come back to welfare.

Under section 1 of the Children Act 1989, when a court determines any question about a child’s upbringing, the child’s welfare is the court’s paramount consideration. That principle is not sentimental. It is practical. It requires the court to look beyond adult entitlement and focus on what is best for the child.

Safeguarding guidance also places responsibility on adults and agencies. Keeping Children Safe in Education 2025 sets out the legal duties schools and colleges must follow to safeguard and promote the welfare of children. Working Together to Safeguard Children 2026 emphasises multi-agency responsibility, clarity of roles and effective support for children who need help and protection.

So when we talk about moral character, discipline, responsibility and culture, we should not treat those as abstract political ideas. They sit alongside very real legal and safeguarding duties.

The legal and safeguarding reality

Children need adults to protect them from harm.

Children need adults to promote their welfare.

Children need adults to model safe behaviour.

Children need adults to tell the truth.

Children need adults to stop making adult conflict their burden.

That applies whether the adult is a parent, teacher, social worker, Cafcass officer, solicitor, McKenzie Friend, religious leader, politician, platform owner or judge.

A Trauma-Informed Response Does Not Mean No Standards

One of the mistakes in public debate is the false choice between compassion and standards.

Some people talk about discipline as if children simply need to be controlled.

Others talk about trauma as if expectations are inherently harmful.

Both positions are too crude.

A trauma-informed approach does not mean children should have no boundaries, no consequences, no responsibility and no expectations. It means adults understand that behaviour may be communication, that fear changes the nervous system, that shame can escalate harm, and that children who have experienced instability may need calm, predictable, relationally safe structure.

In other words: trauma-informed practice should make adults better at boundaries, not afraid of them.

Children who have been harmed do not need chaos dressed up as kindness. They need safety, predictability, attunement, truth and adults who can stay regulated.

This is particularly important in domestic abuse cases.

A child who has lived with coercive control may be hypervigilant. A child who has witnessed violence may become aggressive, withdrawn, compliant or controlling. A child caught in post-separation abuse may say what they think the powerful adult wants to hear. A child who has been emotionally parentified may appear mature while carrying entirely inappropriate burdens.

The answer is not permissiveness.

The answer is safe, skilled, evidence-led adult leadership.

What This Means for Parents

Parents do not need to be perfect. No parent is.

But children do need parents who are willing to take responsibility.

That means:

  • Do not involve children in adult disputes.
  • Do not show children court documents, hostile messages or adult allegations unless there is a clear safeguarding reason and professional advice.
  • Do not use “the child’s wishes” as a shield for adult manipulation.
  • Do not undermine the other safe parent to secure loyalty.
  • Do not outsource parenting to devices.
  • Do not confuse permissiveness with love.
  • Do not confuse control with protection.
  • Do not make children responsible for your loneliness, anger or emotional regulation.

Positive parenting is not weak parenting. It involves warmth, structure, honesty, repair and consistency.

Children need to know that adults can apologise. They need to see adults resolve conflict without threats. They need to hear adults say, “That was not acceptable,” without humiliation or cruelty. They need to learn that love is not the absence of boundaries.

What This Means for Schools

Schools cannot replace families. But they are often the first place where the impact of family breakdown, domestic abuse, neglect, poor sleep, online harm and emotional insecurity becomes visible.

A school culture that values behaviour, kindness, duty, learning and personal responsibility can be protective. It can give children stability. It can give them a model of adult authority that is calm and predictable. It can create a place where children are not ruled by the loudest, most aggressive or most disruptive pupil in the room.

But schools also have to be alert to safeguarding realities.

A child who is repeatedly late, exhausted, anxious, aggressive, hungry, withdrawn, unusually compliant or suddenly refusing contact with a parent may not simply be “difficult”. There may be something happening at home. There may be coercive control. There may be neglect. There may be a parent using the child as a messenger. There may be online harm. There may be fear.

The best school cultures hold standards and curiosity together.

A safeguarding-aware school asks

  • What has changed?
  • What pattern are we seeing?
  • What is the child communicating through behaviour?
  • Are there safe adults around this child?
  • Is the child being placed under pressure by an adult?
  • What information needs to be shared, and with whom, to safeguard this child?

What This Means for Family Court Cases

For litigants in person, this discussion is not theoretical. It affects how cases should be prepared.

If you are involved in children proceedings, do not simply say:

“The other parent is damaging the child.”

That may be true. But the court needs evidence, examples, dates, patterns, impact and practical proposals.

Better questions are:

  • What exactly has happened?
  • When did it happen?
  • How do I know?
  • What was the child’s presentation before and after?
  • Is there a pattern?
  • What evidence supports it?
  • What order am I asking the court to make?
  • How does that order promote the child’s welfare?
  • How does it reduce conflict or safeguarding risk?

A welfare-focused case is not built on outrage. It is built on clarity.

If your concern is emotional harm, coercive control, alienating behaviour, unsafe communication, online exposure, neglect, educational instability or the child being burdened with adult issues, organise the evidence properly.

Courts are more likely to understand patterns when those patterns are set out calmly and chronologically.

Practical evidence examples

  • A short chronology of key incidents.
  • A schedule showing dates, behaviour, evidence and impact on the child.
  • School attendance, lateness, behaviour or wellbeing records where relevant.
  • Messages showing unsafe communication or adult conflict being pushed through the child.
  • Examples of the child being asked to choose sides.
  • Evidence of online harm, monitoring, pressure or inappropriate exposure.
  • Clear proposals for safer handovers, communication, boundaries and contact arrangements.

The Bigger Point: Children Need Adults to Be Adults

The reason Birbalsingh’s speech has resonated is because many people can feel that something has gone wrong.

Children are anxious.

Parents are overwhelmed.

Teachers are exhausted.

Family courts are overloaded.

Social media is shaping children faster than adults can respond.

Professionals are often afraid to speak plainly.

And too many children are left to navigate adult confusion without enough guidance, protection or moral structure.

We do not fix that by shouting slogans at one another.

We fix it by taking adult responsibility seriously again.

That means:

  • Parents setting loving, consistent boundaries.
  • Schools creating safe, purposeful cultures.
  • Courts focusing on welfare, evidence and long-term impact.
  • Professionals naming coercive control and emotional harm where it exists.
  • Adults refusing to use children as weapons in adult disputes.
  • Platforms being held to account for the environments they create.
  • Communities rebuilding expectations around duty, service, truth and care.

This is not nostalgia. It is safeguarding.

Children need freedom, but freedom without formation is abandonment.

Children need compassion, but compassion without truth is sentimentality.

Children need rights, but rights without responsible adults are not enough.

For Litigants in Person: Make the Court’s Job Easier

If you are a litigant in person dealing with child arrangements, safeguarding concerns, coercive control, alienating behaviours or post-separation abuse, the court needs help to see the pattern clearly.

Do not bury the issue in long emotional statements. Do not send pages of screenshots with no explanation. Do not assume the court will automatically understand the significance of behaviour that has taken months or years to unfold.

Your job is to make the court’s job easier.

That means presenting:

  • the issue;
  • the evidence;
  • the pattern;
  • the impact on the child;
  • the safeguarding risk;
  • the practical order sought;
  • why that order is in the child’s welfare interests.

The strongest family court documents are calm, specific and child-focused. They do not need to be dramatic. They need to be clear.

How JSH Law Can Help

JSH Law supports people navigating the family court, particularly where there are concerns about domestic abuse, coercive control, safeguarding, child arrangements, emotional harm, post-separation abuse, litigation abuse or overwhelming evidence.

Support can include:

  • organising evidence into clear schedules;
  • preparing chronologies;
  • drafting or improving witness statements;
  • helping prepare position statements;
  • reviewing Cafcass or section 7 report concerns;
  • preparing for hearings;
  • identifying safeguarding patterns and welfare impact;
  • helping litigants in person present their case clearly and calmly.

The aim is simple: to help you present the reality of what is happening in a way the court can understand and act on.

Book a consultation Contact JSH Law

Conclusion

Katharine Birbalsingh’s speech will divide opinion. Strong speeches usually do.

But the underlying question should not be dismissed:

What kind of adults are we forming?

For those of us concerned with family justice, safeguarding and children’s welfare, that question is urgent.

Children need adults who are compassionate enough to protect them and courageous enough to guide them.

They need adults who can tell the truth without cruelty.

They need adults who understand that boundaries are not the enemy of love.

They need adults who stop turning adult conflict into childhood trauma.

They need homes, schools, courts and communities that take welfare seriously in practice, not just in language.

If we fail at that, then yes, we are looking at something much deeper than an education debate.

We are looking at a failure of adult responsibility.

Sources and further reading

  • “This is a civilisational failure!” – Katharine Birbalsingh [ARC26]
  • Children Act 1989, section 1: welfare of the child
  • Keeping Children Safe in Education 2025
  • Working Together to Safeguard Children
  • Online Safety Act explainer
  • Ofsted report: Michaela Community School, 2023

Disclaimer: This article is for general information only and is not legal advice. Family court outcomes depend on the facts, evidence, procedural history, safeguarding issues, the orders sought and the court’s assessment of the child’s welfare. If you are involved in proceedings, consider taking legal advice or obtaining appropriate support with your documents and evidence.

https://jshlaw.co.uk/wp-content/uploads/2026/02/ChatGPT-Image-Feb-3-2026-03_26_42-AM.png 1024 1536 jessica susan hill https://jshlaw.co.uk/wp-content/uploads/2026/01/jsh-law-logo-new-black-300x67.png jessica susan hill2026-06-29 23:24:552026-06-29 23:24:58Children, Character and Adult Responsibility: A JSH Law Response to Katharine Birbalsingh

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Jessica Susan Hill

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I support litigants in person and professionals in complex private children and
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If you’re new to family court or feeling overwhelmed, begin with these guides:

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  • Common Mistakes Litigants in Person Make

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Authorities Used

– Family Procedure Rules 2010, SI 2010/2955 (U.K.), rr. 1.1, 1.3, pts. 3, 6, 17, 22, 25, 9.
– Practice Direction 3A (MIAM).
– Practice Direction 12B (Child Arrangements Programme).
– Practice Direction 12J (Domestic Abuse and Harm).
– Practice Direction 22A (Evidence).
– Practice Direction 27A (Court Bundles).
– Children Act 1989, c. 41 (U.K.)

Related Reading

You may also find these articles helpful:

  • Understanding Cafcass Reports and Common Errors
  • How Evidence Is Weighed in Family Court
  • Safeguarding Allegations and Risk Assessment
  • Preparing a Chronology the Court Can Follow

Articles are grouped by topic for clarity.

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    A practical guide to writing a family court position statement, including the current three-page rule, recommended structure, child-focused language, filing guidance and an adaptable template for litigants in person.

  • The Family Court Case Audit: 12 Documents to Organise Before Asking for HelpJuly 18, 2026 - 9:31 pm

    A practical 12-part family court document checklist for litigants in person. Organise orders, applications, statements, reports, evidence, correspondence and deadlines before asking someone to review your case.

FAMILY LAW NEWS & UPDATES:

  • 1. Start Here (14)
    • Before You Apply to Court (2)
    • Common Mistakes (1)
    • Family Court Reality (4)
    • FAQs for Litigants in Person (2)
    • Litigants in Person – Family Court Guidance (6)
  • 2. Family Court Procedure (21)
    • Court Etiquette (1)
    • Court Process & Judicial Approach (2)
    • Forms & Applications (3)
    • Hearing Types (3)
    • MIAM & Mediation (1)
    • Procedural Updates (8)
    • Transparency & Reporting (2)
    • Urgent Applications (2)
  • 3. Cafcass & Reports Cluster (6)
    • Challenging Cafcass Reports (1)
    • Child Impact Analysis (1)
    • Safeguarding Checks (2)
    • Section 7 Reports (1)
    • The Child’s Voice (1)
  • 4. Domestic Abuse & Safeguarding Cluster (26)
    • Child Safety & Emotional Harm (1)
    • Civil Justice & Survivor Rights (1)
    • Coercive Control (3)
    • PD12J & Fact Finding (2)
    • Post Separation Abuse (3)
    • Protective Orders (3)
    • Safeguarding & Child Protection (4)
    • Safety Planning (2)
  • 5. Court Skills for Litigants in Person (42)
    • Advocacy Skills (1)
    • Bundles & Documents (1)
    • Evidence Explained (1)
    • Evidence Readiness (1)
    • Family Court Procedure (8)
    • Litigants in Person Support (2)
    • McKenzie Friend Support (16)
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    • Remote Hearings (1)
  • 6. Tools Templates Research & Cases (37)
    • AI & Legal Process (20)
      • AI & Justice Reform (5)
      • AI, Legal Tech and Family Justice (2)
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Important Notice

Information on this site is provided for procedural guidance and general information only.
It does not constitute legal advice and does not create a solicitor–client relationship.

If you require legal advice, you should consult a qualified solicitor.

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USEFUL LINKS

If you are representing yourself in family court, the following independent and authoritative resources may assist you in understanding procedure, safeguarding processes, and available support.

  • – GOV.UK – Family Court Guidance 
  • – HM Courts & Tribunals Service – Court Forms & Fees
  • – Cafcass – Understanding Cafcass
  • – Advicenow – Practical Guides for LiPs
  • – McKenzie Friends Official Guidance
  • – Support Through Court
  • – Rights of Women – Family Law & Abuse Guidance
  • – Family Law in the 21st Century (Baroness Hale)
  • – Inside the UK Supreme Court
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