Re Y Working Group

Objective

Further to the referral from the then President of the Family Division, Sir Andrew McFarlane, in the case of Re Y (Experts and Alienating Behaviour: The Modern Approach) [2026] EWFC 38, this FJC working group aims to produce guidance that maps existing routes by which affected cases may return to court, clarifies the procedural and funding implications of those routes, and provides signposting for litigants, practitioners, the judiciary and those supporting children and young people.

Members

Mrs Justice Morgan (Chair)

Jenny Beck KC (Hon)

Louise MacLynn KC

HH Karen Venables

Professor Rosemary Hunter KC (Hon)

Dr Jaime Craig

Hannah Penfold

Catherine McGregor (MoJ)

Eleanor Drucker (LAA)

Scope of the work

This Group is tasked with identifying and mapping appropriate routes within the existing legal framework for a specific and limited cohort of cases.

This work is confined to cases determined prior to the publication of Family Justice Council guidance on alienating behaviours, published on 11 December 2024, and cases in which systemic failures, as identified in Re Y, have materially affected the outcome.

Guidance will seek to:

  • Identify the type of cases affected by reference to the systemic failures identified.
  • Identifying any systemic failures highlighted in Re Y.
  • Identify the routes back to court, including procedures, gatekeeping and funding implications.
  • Address child applicants specifically, including competence, representation and support.

The guidance is for litigants, and those supporting them, practitioners, judges and Legal Aid Agency/funders.