The Family Procedure (Adoption) Rules 2005

How the children’s guardian exercises his duties – investigations and appointment of solicitor

63.—(1) The children’s guardian must make such investigations as are necessary for him to carry out his duties and must, in particular—

(a) contact or seek to interview such persons as he thinks appropriate or as the court directs; and

(b) obtain such professional assistance as is available to him which he thinks appropriate or which the court directs him to obtain.

(2) The children’s guardian must—

(a) appoint a solicitor for the child unless a solicitor has already been appointed;

(b) give such advice to the child as is appropriate having regard to his understanding; and

(c) where appropriate instruct the solicitor representing the child on all matters relevant to the interests of the child, including possibilities for appeal, arising in the course of proceedings.

(3) Where the children’s guardian is authorised in the terms mentioned by and in accordance with section 15(1) of the Criminal Justice and Court Services Act 2000(1) or section 37(1) of the Children Act 2004(2) (right of officer of the Service or Welsh family proceedings officer to conduct litigation or exercise a right of audience), paragraph (2)(a) will not apply if he intends to have conduct of the proceedings on behalf of the child unless—

(a) the child wishes to instruct a solicitor direct; and

(b) the children’s guardian or the court considers that he is of sufficient understanding to do so.

(1)

2000 c. 43.

(2)

2004 c. 31.