When Care Proceedings are initiated to protect the welfare of a child, an important and key figure in this process is the Children’s Guardian.
A Children’s Guardian, previously known as a Guardian ad litem, is an independent professional who represents the child’s best interests. It is the Children’s Guardian’s role to advocate for that child or children.
A Guardian is usually appointed in situations at the beginning of care proceedings or, later in case when the Court decides that a child needs an independent voice. A Guardian can be appointed in cases with complex welfare issues, if a child is in need of protection, there are concerns regarding a child’s safety and wellbeing and, if a child is vulnerable.
A Children’s Guardian is usually an experienced CAFCASS Officer from the Children and Family Court Advisory and Support Service, who will often have extensive experience of working together with families. It is their primary role to represent the best interests of a child throughout the legal proceedings, making sure that the child’s welfare is central to any decisions made.
A Children’s Guardian acts as an independent party, separate from the parents and the Local Authority. The Guardian will also appoint a solicitor to represent the child in Court.
The Guardian will assess and report to the Court, in relation to the child’s wishes and feelings. They will gather information relevant to the child’s welfare. This may include speaking with the child (depending on their age and understanding), parents, social workers and any other professionals who may be involved with a child.
Within their report the Guardian will outline their findings, conclusions and recommendations, based on what arrangements are in the best interest of the child. This could include where the child should live (with parents, family members, foster care or adoption), what type of care they should receive and what the contact arrangements to spend time with parents or family members should be.
A Child’s Guardian ensures that a child’s voice is heard within proceedings. They will consider the child’s emotional, psychological and physical needs as well as their wishes and feelings, taking into account their age and level of understanding.
If your child is the subject of proceedings where a Children’s Guardian has been appointed and you would like expert legal advice, please get in touch with Johnson Astills to see how we can assist. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Care Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.
