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Children's cases

The Official Solicitor may act for parents who lack mental capacity (within the meaning of the Mental Capacity Act 2005) to represent themselves (or who are under age) and who have become involved in court proceedings concerning their children (with the exception of criminal proceedings).


These include:


· care proceedings
· placement or adoption proceedings
· residence or contact disputes
· declaration of parentage proceedings
· Family Law Act 1996 injunctions


Detailed guidance as to the circumstances in which the Official Solicitor may be appointed to act is set out in a Practice Note dated 2 April 2001.

For ease of reference, please also see below downloadable versions of the Official Solicitor’s Standard Instructions To Solicitors to be used in each type of the following proceedings: 

•  The Official Solicitor’s Standard Instructions Under The Children Act 1989
• The Official Solicitor’s Standard Instructions Under The Adoption And Children Act 2002
• The Official Solicitor’s Standard Instructions Under Part IV Family Law Act 1996 (Adults)
• The Official Solicitor’s Standard Instructions Under Part IV Family Law Act 1996 (Minors)

When considering whether there is a need for Official Solicitor to be invited to act on behalf of a parent, evidence will be required as to the parent's mental capacity.  A certificate as to capacity can be completed by a psychiatrist, a GP or a psychologist.

In the early stages of local authority involvement with children, please refer to the 'Preparing for Care and Supervision Proceedings' - Best Practice Guide.

Please note that:

Rule 55  (1) (a) of the Family Procedure (Adoption) Rules 2005 is to be amended in the autumn to bring the provison of th appointment of the Official Solcitor as litigation friend in line with the equivalent provisions in the Family Proceedings Rules 1991, the Civil Procedure Rules 1998 and the Court of Protection Rules 2007, that is, by making his appointment subject to his consent.

Further information about the Official Solictor and the way in which he works on behalf of those with learning difficulties in children's cases can be found in the following article:

The Official Solicitor's role in Children's cases

An 'easy read' explanation of the Official Solicitor and the way he works can be found in the following leaflet:

The Official Solcitor and How He can Help You

For further information please contact the family litigation team on 020 7911 7132/7084


   

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