The Family Procedure Rules 2010

CHAPTER 4 WHERE A CHILDREN’S GUARDIAN OR LITIGATION FRIEND IS NOT REQUIRED

Circumstances in which a child does not need a children’s guardian or litigation friend

16.6.—(1) Subject to paragraph (2), a child may conduct proceedings without a children’s guardian or litigation friend where the proceedings are proceedings—

(a) under the 1989 Act;

(b) to which Part 11 (applications under Part 4A of the Family Law Act 1996) or Part 14 (applications in adoption, placement and related proceedings) of these rules apply; or

(c) relating to the exercise of the court’s inherent jurisdiction with respect to children,

and one of the conditions set out in paragraph (3) is satisfied.

(2) Paragraph (1) does not apply where the child is the subject of and a party to proceedings—

(a) which are specified proceedings; or

(b) to which Part 14 applies.

(3) The conditions referred to in paragraph (1) are that either—

(a) the child has obtained the court’s permission; or

(b) a solicitor—

(i) considers that the child is able, having regard to the child’s understanding, to give instructions in relation to the proceedings; and

(ii) has accepted instructions from that child to act for that child in the proceedings and, if the proceedings have begun, the solicitor is already acting.

(4) An application for permission under paragraph (3)(a) may be made by the child without notice.

(5) Where a child—

(a) has a litigation friend or children’s guardian in proceedings to which this rule applies; and

(b) wishes to conduct the remaining stages of the proceedings without the litigation friend or children’s guardian,

the child may apply to the court, on notice to the litigation friend or children’s guardian, for permission for that purpose and for the removal of the litigation friend or children’s guardian.

(6) The court will grant an application under paragraph (3)(a) or (5) if it considers that the child has sufficient understanding to conduct the proceedings concerned or proposed without a litigation friend or children’s guardian.

(7) In exercising its powers under paragraph (6) the court may require the litigation friend or children’s guardian to take such part in the proceedings as the court directs.

(8) The court may revoke any permission granted under paragraph (3)(a) where it considers that the child does not have sufficient understanding to participate as a party in the proceedings concerned without a litigation friend or children’s guardian.

(9) Where a solicitor is acting for a child in proceedings without a litigation friend or children’s guardian by virtue of paragraph (3)(b) and either of the conditions specified in paragraph (3)(b)(i) or (ii) cease to be fulfilled, the solicitor must inform the court immediately.

(10) Where—

(a) the court revokes any permission under paragraph (8); or

(b) either of the conditions specified in paragraph (3)(b)(i) or (ii) is no longer fulfilled,

the court may, if it considers it necessary in order to protect the interests of the child concerned, appoint a person to be that child’s litigation friend or children’s guardian.