Why Does My Child Need a Children’s Guardian?

If the Local Authority issue care proceedings in respect of your child, the Court will immediately appoint a Children’s Guardian to represent his interests.

Many parents question why this is necessary and why they cannot tell the Court what the child wants. Parents are often concerned that the Guardian has only just been introduced to the child and doesn’t have any relationship with him.

Guardians are qualified in social work; they are trained and experienced in working with children and families. They are appointed by the Court to represent the rights and interests of children in cases that involve social services or serious safeguarding issues. They are the independent voice of the child. The Guardian is independent of the social worker, parents, courts and everyone else involved in the case. Children’s Guardians usually work for CAFCASS or may be self-employed. Their role is to make sure children are kept safe and to consider what is best for the child at all times during a case. This is not always the same as what your child thinks and says he wants.

What Does A Children’s Guardian Do?

Children’s Guardians are there to help achieve the best possible outcome for the children they represent. In particular, they:-

• Appoint a solicitor for the child who specialises in working with children and families;
• Advise the Court on what information will need to be obtained before the court makes a final decision. They may also recommend to the Court that other professionals are involved, such as a medical expert or a psychologist.
• Consider the Care Plan for the child prepared by the Social Worker and advise the Court on what they think would be best for the child. They will consider the physical, emotional and psychological needs of the child and how these can best be met. They will also advise on contact arrangements.

Guardian’s Analysis

The Guardian will always prepare an analysis before the final hearing. This is a detailed report weighing up the options for the child and considering their wishes and feelings. Usually the Guardian prepares a report or a Position Statement for the first hearing but this may not be possible for urgent hearings.

The Children’s Guardian spends time getting to know the child and members of their family. They talk to other people who know the family, such as relatives, teachers, foster carers, social workers and health visitors. They meet the child, often at school. The Guardian can speak to the child without parents’ consent.

Further frequently asked questions can be found within our Children & Social Services section.

Jo Taylor
March 2021