The Children’s Guardian is a qualified social worker, appointed as an expert by the court to represent the rights and interests of the child.
Appointed under the Children Act 1989, the Children’s Guardian and solicitor for the child work ‘in tandem’, each providing their own skills and expertise to ensure the best possible results for children involved in Family Court proceedings.
Importantly, under the Children Act 1989, the appointment of the Children’s Guardian is not an appointment to ‘represent’ the child, rather, it is an appointment ‘for the child’, by which the guardian is under a duty to safeguard the child’s interests for the purpose and duration of the proceedings.
It may occur that the views of a child considered capable of giving their own instructions differ from those of their guardian in relation to the child’s best interests. In such a case, the child’s solicitor is always under a duty to reflect the child’s wishes and feelings.
A lot can happen at interim hearings which are an opportunity for all parties and their legal representatives to meet. The child’s situation may develop quickly, and the Children’s Guardian plays a crucial role in the discussions and negotiations that take place. Significantly, the solicitor for the child is only permitted to act on the guardian’s instructions; equally, the guardian will often require legal advice on the matters being discussed at court.
The Courts have previously emphasised the independent status of the Children’s Guardian; they act independently of social services, the courts, and everyone else involved in the proceedings. Only the court may appoint guardians or remove them from a case. Furthermore, their independent status ensures that the child’s welfare is prioritised and that the proposed care plan is in their best interests.
To ensure that the court process is fair and that it prioritises the guardian’s view and, in turn, the welfare of the child, the long-established order of giving evidence is a sequence that must be adhered to unless the court directs otherwise, with the sequence being as follows:
- The Applicant
- Any party with Parental Responsibility for the Child
- Other Respondents
- The Children’s Guardian
- The Child, if they are a party and there is no Children’s Guardian.
If you would like any advice or to discuss this article further, please get in touch with our Family Law team and we’d be happy to assist you.