Re Y and The voice of a Young Person – how did we not hear it when it mattered? – lessons from the front line of private law domestic abuse and alienation work.
Re Y (experts and Alienating Behaviour: The Modern Approach) [2026] EWFC 38: this session will set out each stages of the case where poor practice led the court into error, what should have been done to redress it and how to make sure that you and your colleagues can flag potential pitfalls and not fall into them as you struggle with client and case over load.
As we predicted, Pre Re Y, in our book ‘Domestic Abuse in the Family court Process‘; ‘it would be foolish to assume the number of appeals heard anything but the top of the iceberg of cases where poor practice and ignorance as to the impact of domestic abuse have led to poor decision making by the court’.
Key takeaways
- The case will be approached as a non judgmental platform for reflection, learning and discussion whether you are the advocate for the parent, the child, guardian or social worker or indeed sitting
- Jo will draw on the exchanges in court as well as the judgment to flag key learning points- not all of which are apparent from the case reporting.
- Ian will draw on his experience as a solicitor for 10 years and now a senior junior at the Bar to identify common pitfalls of practice that compromises a fair and just resolution of the trial.
- Jo will update the attendees on the steps being undertaken by the FJC to set up a review process to identify and address cases where the appeal process has not functioned so as to redress unsafe decision making.
Meet the trainers
Prof Jo Delahunty KC of 4PB Chambers, London
Jo leads the field in Domestic Abuse work. From her early years in injunctive relief work as the Bar in the 90’s, to her appearance on behalf of the successful appellant in the seminal case of Re HN in 2021 marking a 20 year review of the way family courts assessed allegations domestic abuse and ccb, through to her appearance on behalf of the young person in Re Y before the President in 2026 , Jo has been actively engaged in the trauma informed representation of vulnerable clients in court In her silk practice Jo specialises in complex private law proceedings involving allegations of domestic abuse and coercive, controlling behaviour, alleged alienation ,physical, sexual and emotional abuse and neglect of a child or alleged parental/partner abuse. Transfer of residence applications and contact dispute. Her cases command wide spread professional and press attention.Since Re HN, J has designed and delivered training to : the judiciary in the UK ; all tribunal levels, advocates and JAFCASS in Jersey · Nagalro, Resolution, FLBA
Image by Ali Warner Photography.
Ian McArdle of Hundred Court Chambers, Liverpool
After a successful 10-year career as a solicitor, Ian transferred to the Bar in 2019 and has established himself as a leading junior in the family law arena. A doctoral candidate researching alienating behaviours in the family justice system and co-author of the textbook ‘Domestic Abuse and the Family Justice System: Law and Practice,’ Ian regularly acts in cases concerning allegations of all forms of domestic abuse and alienating behaviour across both private law and public law arenas. Described in the Legal 500 as self-motivated, industrious, courageous and as bright as a new pin, Ian strives to achieve the best possible outcome for his clients.
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