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.

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.

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
If you would like to write to us or give feedback, please go to our contact us page.