Key Responsibilities of a Children’s Guardian

When care proceedings are issued in the UK, a Children’s Guardian from CAFCASS (Children and Family Court Advisory and Support Service) is appointed to represent the best interests of the child or children involved. This Guardian, independent of any local authority, family members, or other parties, works to ensure the child’s welfare is at the forefront throughout the legal process.

What Is a Children’s Guardian?

The primary role of a Children’s Guardian is to protect and advocate for the child’s best interests in care proceedings. Appointed by CAFCASS, they play an impartial role, offering an independent perspective distinct from the interests of local authorities, parents, or others involved. They investigate the child’s circumstances thoroughly, meeting with the child, parents, carers, social workers, and other relevant professionals.

Key Responsibilities of a Children’s Guardian

Children’s Guardians ensure that the child’s voice is heard and that the Court understands the child’s wishes and feelings, even if these differ from what others believe is best for the child. This includes:

• Meeting with the Child and Relevant Parties: Guardians engage with the child, parents, carers, social workers, and other professionals to gather comprehensive information about the child’s circumstances.
• Ensuring the Child’s Wishes and Feelings Are Represented: They make sure the Court understands the child’s preferences, even if the Guardian disagrees with the child’s desired outcome.
• Preparing a Report for the Court: This report includes the child’s wishes, the Guardian’s recommendations, and an assessment of whether the local authority’s proposed care plan is in the child’s best interests.

Legal Representation and Independent Advice

In certain cases, if a child has sufficient age and understanding, they may choose to instruct a solicitor independently. Hatch Brenner’s qualified Children Panel solicitors can represent both children and Guardians, offering specialised legal support in care proceedings to ensure that every child’s rights and welfare are thoroughly protected.

Recommendations to the Court

Based on their findings, Children’s Guardians may recommend specific court orders that they believe will best support the child’s welfare. These orders can include:

• Care Orders, Placement Orders, Supervision Orders, and Special Guardianship Orders: Guardians recommend these when they believe such orders are in the child’s best interests.
• Suggestions for Additional Family Support: They may advise for added support for the family or adjustments to the care plan if needed to meet the child’s needs.

How Hatch Brenner Supports Children and Guardians

At Hatch Brenner, our solicitors are qualified members of the Law Society’s Children Panel, trained to represent children and Guardians in care proceedings. We are committed to ensuring that every child receives fair representation, and their rights and best interests are safeguarded.

Our expert child law solicitors work closely with Children’s Guardians to provide guidance through complex care proceedings, ensuring that the voices of children are heard, understood, and respected.