Practice Note (The Official Solicitor: Appointment in Family Proceedings)
| Jurisdiction | England & Wales |
| Judgment Date | 1996 |
| Year | 1996 |
| Date | 1996 |
| Court | Family Division |
255
[1999] 1 FCR 1
Practice NoteThe Official Solicitor: appointment in family proceedings
Practice directions and notes – Official Solicitor – Appointment as guardian ad litem – Appointment as next friend – Terms of appointment.
1. This note supersedes the previous practice notes published at [1993] 2 FLR 641 and [1996] 1 FCR 78. Its purpose is to provide fresh guidance on the appointment of the Official Solicitor.
Appointment as guardian ad litem of child subject of proceedings Private law proceedings2. In non-specified (private law) proceedings under the Children Act 1989, and in proceedings under the inherent jurisdiction of the High Court, the Official Solicitor may act either in the High Court or in a county court (but not in a family proceedings court), under r 9.5 of the Family Proceedings Rules 1991, SI 1991/1247. It is only where, in accordance with r 9.5, it appears to the court that the child ought to have party status and be separately represented that the question of the appointment of the Official Solicitor may arise.
3. In most private law cases a child’s interests will be sufficiently safeguarded by a court welfare officer’s report. Care should be taken to avoid duplication by the Official Solicitor of the inquiries already conducted by the welfare officer: Re S (a minor) (care proceedings: reports) [1992] 2 FCR 554. Reference to the Official Solicitor is likely to be warranted in cases where: (1) there is a significant foreign element such as a challenge to the English court’s jurisdiction or a need for inquiries to be conducted abroad; (2) there is conflicting or controversial medical evidence, and the court considers that it would be appropriate to give leave for further medical evidence to be adduced; (3) there is a need for expert evidence which cannot be obtained by the parties jointly instructing an appropriate expert in accordance with Re K (contact: psychiatric report) [1996] 1 FCR 474 and The Handbook of Best Practice in Children Act Cases 1997, para 64 in the following circumstances: (a) a child is ignorant of the truth as to its parentage; (b) a psychiatric assessment is required in relation to a child who is refusing contact with a parent; (4) an application is made for leave to seek contact with an adopted child (the procedure is set out in Re S (adopted child: contact) [1993] 2 FCR 234); (5) the Official Solicitor is acting or is likely to be required to act for the child in other proceedings, for...
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Re M (A Minor) (Contact order: Committal)
...on the child’s position. A generous reading of para 4(5) of the Practice Note The Official Solicitor: Appointment in Family Proceedings ([1996] 1 FCR 78 at 79), namely that the child is ‘refusing contact with a parent in circumstances which point to the need for psychiatric assessment’ coul......
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Practice Note (Official Solicitor: Declaratory Proceedings)
...Act 1989 or the inherent jurisdiction in relation to children (see 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) ......
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CAFCASS Practice Note (officers of CAFCASS Legal Services and special casework: appointment in family proceedings)
...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 proceed......
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RE F (Contact: Enforcement: Representation of Child)
...asked to do so. I quote from the Practice Note (the Official Solicitor: appointment in family proceedings) of 8 September 1995, reported [1996] 1 FCR 78, para 3, which deals with private law proceedings. It ‘In most cases a child’s interests will be sufficiently safeguarded by a court welfa......