The Family Procedure Rules 2010

CHAPTER 6CHILDREN’S GUARDIAN APPOINTED UNDER RULE 16.3

Application of this Chapter

16.16.  This Chapter applies where the court must appoint a children’s guardian in accordance with rule 16.3.

Who may be a children’s guardian

16.17.  Where the court is appointing a children’s guardian under rule 16.3 it will appoint an officer of the Service or a Welsh family proceedings officer.

What the court or a court officer will do once the court has made a decision about appointing a children’s guardian

16.18.—(1) Where the court appoints a children’s guardian under rule 16.3 a court officer will record the appointment and, as soon as practicable, will—

(a)inform the parties and either the Service or the Assembly; and

(b)unless it has already been sent, send the children’s guardian a copy of the application and copies of any document filed with the court in the proceedings.

(2) A court officer has a continuing duty to send the children’s guardian a copy of any other document filed with the court during the course of the proceedings.

Termination of the appointment of the children’s guardian

16.19.—(1) The appointment of a children’s guardian under rule 16.3 continues for such time as is specified in the appointment or until terminated by the court.

(2) When terminating an appointment in accordance with paragraph (1), the court will give reasons for doing so, a note of which will be taken by the court or a court officer.

Powers and duties of the children’s guardian

16.20.—(1) The children’s guardian is to act on behalf of the child upon the hearing of any application in proceedings to which this Chapter applies with the duty of safeguarding the interests of the child.

(2) The children’s guardian must also provide the court with such other assistance as it may require.

(3) The children’s guardian, when carrying out duties in relation to specified proceedings, other than placement proceedings, must have regard to the principle set out in section 1(2) and the matters set out in section 1(3)(a) to (f) of the 1989 Act as if for the word “court” in that section there were substituted the words “children’s guardian”.

(4) The children’s guardian, when carrying out duties in relation to proceedings to which Part 14 applies, must have regard to the principle set out in section 1(3) and the matters set out in section 1(4)(a) to (f) of the 2002 Act as if for the word “court” in that section there were substituted the words “children’s guardian”.

(5) The children’s guardian’s duties must be exercised in accordance with Practice Direction 16A.

(6) A report to the court by the children’s guardian is confidential.

Where the child instructs a solicitor or conducts proceedings on the child’s own behalf

16.21.—(1) Where it appears to the children’s guardian that the child—

(a)is instructing a solicitor direct; or

(b)intends to conduct and is capable of conducting the proceedings on that child’s own behalf,

the children’s guardian must inform the court of that fact.

(2) Where paragraph (1) applies the children’s guardian—

(a)must perform such additional duties as the court may direct;

(b)must take such part in the proceedings as the court may direct; and

(c)may, with the permission of the court, have legal representation in the conduct of those duties.