At Bromleys Solicitors LLP, we understand the complexities and sensitivities involved in Public Law Childcare Proceedings. One crucial aspect of these proceedings is the appointment of a Children’s Guardian, whose role is pivotal in ensuring that the best interests of the children are represented and advocated for.
Lucy Booth, Paralegal & Graduate Solicitor Apprentice at Bromleys, delves into the crucial responsibilities of a Children’s Guardian in Public Law Childcare Proceedings, highlighting the importance of their role in advocating for the best interests of the children involved.
What is a Children’s Guardian?
During Public Law Childcare Proceedings (and some Private Law Proceedings), the court appoints a Children’s Guardian to represent the children’s best interests and to advocate on their behalf.
Children’s Guardians work for CAFCASS (Children and Family Court Advisory and Support Service) and are typically instructed once the Local Authority has submitted their application to the court to issue care proceedings. They then instruct a Solicitor, who must be on the Law Society’s Children’s Panel, to represent them and work closely with them throughout the proceedings.
What Are the Duties of a Children’s Guardian?
Children’s Guardians are qualified social workers who independently and impartially advise the court as to the children’s best interests by making their voices heard. They achieve this by:
- Speaking (where appropriate) to the children and obtaining their views.
- Engaging with the parents, social work team, and other relevant professionals.
- Observing family time between children and their parents.
Based on these interactions, the Children’s Guardian prepares reports containing their recommendations and whether they believe the Local Authority’s proposed care plans are in the children’s best interests. These reports are filed and served with the Court and parties involved. In many cases, the Children’s Guardian will also provide evidence during Final Hearings when the judge seeks to make a decision regarding the children’s placements and what orders (if any) they should be placed under.
What Are the Duties of a Children’s Guardian?
As part of their role, Children’s Guardians may deem it necessary to instruct experts to carry out assessments of the children, such as psychological or paediatric assessments. Their Solicitor may make such applications on their behalf. They may also make recommendations as to further work or support that they believe the children would benefit from.
What Is Separate Representation for Competent Children?
If it is felt that a child is old enough and has a competent understanding of the ongoing proceedings, it may be recommended that they access separate representation and instruct their own Solicitor who can take their instructions directly from them, without the need for a Children’s Guardian.
How Can Bromleys Help?
Children’s Guardians play a crucial role in representing children’s best interests in court. By conducting thorough assessments and involving experts when needed, they ensure impartial and effective advocacy. For older children, they may provide separate legal representation to better meet their needs.
The Childcare Team at Bromleys Solicitors LLP has a number of highly experienced Children Panel Solicitors who can represent Children’s Guardians within Public Law Proceedings. Should you have any questions regarding this matter, please do not hesitate to contact our team on 0161 884 0905 .