PART 16REPRESENTATION OF CHILDREN AND REPORTS IN PROCEEDINGS INVOLVING CHILDREN

CHAPTER 3WHEN A CHILDREN’S GUARDIAN OR LITIGATION FRIEND WILL BE APPOINTED

Appointment of a children’s guardian in specified proceedings or proceedings to which Part 14 applies16.3

1

Unless it is satisfied that it is not necessary to do so to safeguard the interests of the child, the court must appoint a children’s guardian for a child who is—

a

the subject of; and

b

a party to,

proceedings—

i

which are specified proceedings; or

ii

to which Part 14 applies.

(Rules 12.6 and 14.6 set out the point in the proceedings when the court will appoint a children’s guardian in specified proceedings and proceedings to which Part 14 applies respectively.)

2

At any stage in the proceedings—

a

a party may apply, without notice to the other parties unless the court directs otherwise, for the appointment of a children’s guardian; or

b

the court may of its own initiative appoint a children’s guardian.

3

Where the court refuses an application under paragraph (2)(a) it will give reasons for the refusal and the court or a court officer will—

a

record the refusal and the reasons for it; and

b

as soon as practicable, notify the parties and either the Service or the Assembly of a decision not to appoint a children’s guardian.

4

When appointing a children’s guardian the court will consider the appointment of anyone who has previously acted as a children’s guardian of the same child.

5

Where the court appoints a children’s guardian in accordance with this rule, the provisions of Chapter 6 of this Part apply.

Appointment of a children’s guardian in proceedings not being specified proceedings or proceedings to which Part 14 applies16.4

1

Without prejudice to rule 8.42 or 16.6, the court must appoint a children’s guardian for a child who is the subject of proceedings, which are not proceedings of a type referred to in rule 16.3(1), if—

a

the child is an applicant in the proceedings;

b

a provision in these rules provides for the child to be a party to the proceedings; or

c

the court has made the child a party in accordance with rule16.2.

2

The provisions of Chapter 7 of this Part apply where the appointment of a children’s guardian is required in accordance with paragraph (1).

(“children’s guardian” is defined in rule 2.3.)

Requirement for a litigation friend16.5

1

Without prejudice to rule 16.6, where a child is—

a

a party to proceedings; but

b

not the subject of those proceedings,

the child must have a litigation friend to conduct proceedings on the child’s behalf.

2

The provisions of Chapter 5 of this Part apply where a litigation friend is required in accordance with paragraph (1).