Artificial Intelligence in Care and Private Children Proceedings: A Useful Tool, But Not a Substitute for Judgment or a Lawyer

Artificial Intelligence is no longer something confined to technology companies and universities. It is increasingly being used by professionals and members of the public in all areas of life, including public and private family law proceedings. As lawyers practising in Care and Private Children proceedings, we are now seeing parties use AI to draft statements, prepare questions for professionals, summarise documents and seek guidance about court proceedings.

There is no doubt that AI has the potential to improve access to justice but equally, there are significant risks that are often misunderstood or ignored altogether. The reality, as with most things, is that neither the enthusiastic supporters nor the vocal critics are entirely right. AI can be a helpful tool, but it is not a replacement for legal advice, professional judgment, experience, or common sense.

The Benefits: Improving Accessibility to Justice

One of the strongest arguments in favour of AI is that it can make legal proceedings more accessible.

This is particularly relevant in children proceedings. Whilst parents involved in public law care proceedings generally qualify for non-means and non-merits tested legal aid so they have access to full legal representation for free, there are many people involved in private law disputes involving children who do not. Increasingly, parties find themselves unable to afford legal representation and are left trying to navigate complex legal processes alone. This is particularly concerning where the children are joined as a party to proceedings and a children’s guardian is appointed due to concerns the Court may have about the welfare of the children. These are often proceedings where I become involved and do see that parents, who are often unrepresented, are using AI to navigate complex legal issues.

For those individuals, AI can provide a starting point, it can explain legal terminology in plain English, help people understand the purpose of hearings, assist with drafting correspondence and provide a basic explanation of court procedures. It can often translate complicated legal documents into more accessible language and can help anxious parents formulate questions they wish to raise with professionals or their legal representatives.

In that respect, AI has the potential to reduce some of the barriers faced by litigants in person and help individuals engage more effectively in proceedings that will have a profound impact on their lives and the lives of their children. That is undoubtedly a positive development given it improves access to justice where many may not receive legal aid and cannot pay for their own legal representation and advice.

The Confidentiality Problem

However, this is where the concerns begin. Many people using publicly available AI platforms do not realise that they may be uploading highly sensitive and confidential information.

Both Care and Private Children proceedings involve some of the most sensitive information that can exist. Court bundles commonly contain medical records, psychological assessments, police disclosures, school records, social care records, allegations of abuse and deeply personal family information. Parties often upload these documents to AI platforms in order to obtain summaries or advice, without appreciating the consequences.

Unless a secure and confidential system specifically authorised for such use is being utilised, uploading court documents to public AI platforms creates significant confidentiality concerns. It may also place parties at risk of breaching restrictions imposed by the Family Court. Many litigants simply do not appreciate that a document being uploaded to a third-party platform remains a form of disclosure.

What is particularly concerning is that AI frequently presents itself as a convenient solution without warning users of the legal and professional obligations that may accompany the use of court documents.

In many cases, parties may genuinely believe they are doing nothing wrong. Unfortunately, good intentions do not remove legal responsibilities.

AI Is Not Legal Advice

Another misconception is that AI can somehow replace a lawyer. It cannot.

Generative AI predicts likely responses based upon information it has processed. It does not analyse evidence in the same way a trained lawyer does. It does not assess witness credibility. It does not observe how evidence evolves throughout proceedings. It does not understand local practice, judicial preference, safeguarding concerns or the countless nuances that influence children’s cases.

Most importantly, it does not exercise judgment. Experienced care and family lawyers do far more than identify legal principles. We weigh risk, assess proportionality, consider future consequences and provide advice informed by years of training and practical experience.

AI can sometimes produce persuasive sounding answers that are entirely wrong. Indeed, one of the greatest dangers is that information generated by AI is often delivered confidently. To an untrained reader, an incorrect answer can appear every bit as convincing as a correct one. That creates obvious risks when decisions are being made about children’s welfare.

The Problem with Tone

There is also a more subtle issue. Many lawyers and Judges can identify AI-generated documents almost immediately.

They often contain repetitive language, unnecessary jargon, sweeping assertions and an oddly formulaic style. Frequently, they include American legal terminology that has little or no relevance within the jurisdiction of England and Wales.

Statements generated by AI can also appear combative, argumentative or accusatory in circumstances where a measured and child-focused approach would be more appropriate.

In Care and  Private Children’s proceedings, language matters. Judges, children’s guardians, social workers and legal representatives are accustomed to evidence that is balanced, relevant and proportionate. An AI-generated statement that is emotionally charged or unnecessarily adversarial may ultimately undermine the case it is intended to support.

A Safeguarding Concern Beyond the Courtroom

Perhaps the most concerning development in recent years has been the use of AI to create child sexual abuse material. For many people, AI is associated with convenience, productivity and entertainment. However, the same technology is increasingly being exploited by those seeking to create indecent and abusive images of children.

The National Crime Agency and Internet Watch Foundation have both warned of the growing risk posed by offenders using publicly available photographs of children to generate sexualised and abusive content. What is particularly alarming is that many of the source images are entirely innocent photographs originally shared by parents, schools or community organisations.

This is not merely a theoretical concern. In what was reported as one of the first prosecutions of its kind in the UK, Hugh Nelson of Bolton was convicted after using AI-enabled technology to transform ordinary photographs of children into child sexual abuse images, which he then sold and shared online. Prosecutors described how innocent images of real children were manipulated using AI software to create material of an extremely disturbing nature. Historically, concerns centred upon offenders obtaining indecent photographs of children. Now, ordinary images that many parents would regard as entirely harmless can potentially be manipulated through increasingly sophisticated AI tools.

There is currently a popular trend across social media platforms such as TikTok involving AI-generated videos of children interacting with Disney characters, celebrities and fictional figures. Most parents understandably view these videos as harmless fun. However, every such image or video requires the uploading of a child’s likeness to an AI platform. Whilst the vast majority of users have completely innocent intentions, it is important to recognise that once children’s images are uploaded to third-party systems, control over how those images may ultimately be stored, accessed or misused is significantly reduced.

As specialist Care and Family lawyers, we routinely advise parents about safeguarding risks posed by individuals. Increasingly, we must also recognise the safeguarding risks posed by technology itself. Parents should think carefully before sharing children’s images online, understand the privacy settings of any platform they use and consider whether the benefits of uploading a photograph genuinely outweigh the potential long-term risks.

Practical Safeguards for Parents and Litigants

AI can be a useful tool, but it should be used sensibly and with an appreciation of its limitations.

If you are involved in Care or Private Children proceedings:

• Do not upload court documents, expert reports, local authority records, police disclosures or medical records to public AI systems.
• Do not assume that AI-generated information is legally correct simply because it sounds convincing.
• Use AI to help understand legal terminology or procedures, but always seek legal advice before making important decisions about your case.
• Be cautious about uploading photographs or videos of your children to AI applications, particularly where those images may become publicly accessible.
• Review privacy settings on social media accounts and consider whether historic photographs of your children remain necessary or appropriate to keep publicly available.
• Remember that AI is a tool. It is not a solicitor, barrister, social worker, psychologist or judge.

The family justice system is built upon professional judgment, experience, evidence and, above all, a focus on the welfare of the child. AI may be able to assist with understanding information, but it cannot replace the expertise, ethical obligations and human judgment that lie at the heart of protecting children and supporting families.

The Future

AI is undoubtedly here to stay. Used responsibly, it can improve access to justice and help individuals better understand complex legal proceedings. Used carelessly, it can create significant risks to confidentiality, privacy and even child safety. As speciality Care and Family lawyers, our role is not to fear technological advances, but to ensure that they are used ethically, lawfully and with a clear understanding of their limitations. In Care and Private Children proceedings, where the welfare of a child remains the court’s paramount consideration, that responsibility has never been more important.

Kim Noble – Social Service & Care Proceedings Associate Solicitor