Jennifer Ball
- Legal Director
- Family & Divorce
The digital child: social media, privacy and parental disputes
As the government moves towards restricting social media access for under-16s, questions about children’s online privacy and digital footprints are becoming increasingly important. We look at how social media issues are already arising in Children Act proceedings, and the factors courts consider when disputes arise between parents over a child’s online presence.
Earlier this year the government announced plans to restrict access to social media for children under the age of 16, with this due to come into force in spring 2027. The proposals have prompted differing views, with some welcoming greater protections for children online and others expressing concern about limiting access to social media. Regardless of where opinions fall, the influence of social media on children’s lives has been a recurring issue in Children Act 1989 proceedings for a number of years.
Parental support for the social media ban appears to be strong, with 84% of parents either strongly or somewhat agreeing that they should have control over the online experiences of their children, in the ‘Growing up in the online world’ government consultation which took place earlier in 2026.
What is the government proposing in respect of the social media ban?
The intention is to ban access to mainstream social media platforms including Facebook, Instagram, TikTok and Snapshat for children under the age of 16. The proposals also look to extend existing safety measures (for example imposing curfews) and restrict livestreaming and contact with strangers, to have tighter age verification requirements and limit harmful features on social media platforms.
How does the use of social media arise in Children Act 1989 proceedings?
Whilst day-to-day parenting decisions about whether a child should be allowed to access social media often features in cases, a common issue relating to social media that we see in Children Act 1989 proceedings is whether a parent should be allowed to publish images/videos of a child.
Decisions are being taken by parents of young children to publish information and pictures of them, where the child has no opportunity to provide or refuse consent. Whilst invariably the parent wanting to publish this data is doing it for positive purposes, this could have longer term implications for the relationship between parent and child.
What does the Court take into consideration when deciding whether a parent should be allowed to post?
The Courts will consider whether the exposure poses a risk to the child, exposes them to inappropriate content and/or results in private information about them being published in the public domain.
In determining the above, the Court will take into consideration, the child’s age and maturity, the parents’ ability to exercise judgment and what impact publishing the images/videos may have on the child’s welfare.
What powers do the Court have in respect of the use of social media within Children Act 1989 proceedings?
If one parent is publishing images/videos of the child on social media without the other parent’s consent, then the parent who objects can make a Prohibited Steps Order application to prevent the other parent from being able to post about the child.
Whilst it is a relatively recent issue that the Courts are having to grapple with, given the huge surge in use of social media in recent years, a child’s digital footprint is now considered in the context of their broader welfare and, as such, will likely feature in Children Act 1989 proceedings more frequently moving forward.
How can Wedlake Bell help?
If you are affected by any of the issues in this article or if you need advice on making or defending a court application that involves the welfare of a child, please contact Jen Ball.
Jen Ball is a Legal Director in the family law team at Wedlake Bell in the City of London. The team are experts at dealing with child arrangement disputes.
This article is for general information purposes only and does not constitute legal advice or a comprehensive statement of the law. Specific legal advice should always be sought in relation to individual circumstances.
Meet the team: