CAFCASS Practice Note (officers of CAFCASS Legal Services and special casework: appointment in family proceedings)
| Jurisdiction | England & Wales |
| Judgment Date | 2001 |
| Date | 2001 |
| Year | 2001 |
| Court | Family Division |
Practice notes – CAFCASS Legal Services and special casework – Appointment of officer as children’s guardian – Terms of appointment.
[1] This Practice Note comes into effect on 1 April 2001 and supersedes the Practice Note dated 4 December 1998 issued by the Official Solicitor in relation to the representation of children in family proceedings (see Practice Note (The Official Solicitor: appointment in family proceedings) [1999] 1 FCR 1, [1999] 1 FLR 310). It is issued in conjunction with a Practice Note dealing with the appointment of the Official Solicitor in family proceedings (see Practice Note (Official Solicitor: appointment in family proceedings) [2001] 2 FCR 566, [2001] 2 FLR 155). This Practice Note is intended to be helpful guidance, but always subject to Practice Directions, decisions of the courts and other legal guidance.
The Children and Family Court Advisory and Support Service Appointment as children’s guardian[2] The Children and Family Court Advisory and Support Service (CAFCASS) has responsibilities in relation to children in family proceedings as defined in s 12 of the Criminal Justice and Court Services Act 2000. CAFCASS has established CAFCASS Legal Services and Special Casework (‘CAFCASS Legal’) principally to take over the Official Solicitor’s responsibilities of representing children who are the subject of family proceedings.
[3] Generally it is only where it appears to the court that the child ought to have party status and be legally represented that the question of the involvement of CAFCASS Legal may arise. Normally an officer of CAFCASS in the area in which the case is proceeding will be appointed as the children’s guardian, but all private law cases where it is felt necessary for the child to be joined as a party, and all High Court adoption cases, should be referred to CAFCASS Legal. CAFCASS Legal may represent children in family proceedings either in the High Court or in a county court (but not in a family proceedings court).
Private cases[4] The court will normally at the first directions appointment consider whether the child should be made a party to the proceedings. In most private law cases (non-specified proceedings) a child’s interests will be sufficiently safeguarded by the commissioning of a report under s 7 of the Children Act 1989 from a children and family reporter. Children who need someone to orchestrate
an investigation of the case on their behalf may need party status and legal representation: Re A...
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Practice Note (Official Solicitor: Declaratory Proceedings)
... ... Practice Note (Official Solicitor: Appointment in Family Proceedings) [2001] 2 FCR 566, [2001] 2 FLR 155 and CAFCASS Practice Note (Officers of CAFCASS Legal Services and Special Casework: Appointment in Family Proceedings) ... ...