The Role of the Children's Guardian in Care Proceedings

The Role of the Children’s Guardian in Care Proceedings in England and Wales

At Biscoes, we understand that care proceedings are one of the most challenging and distressing experiences for families and children. In England and Wales, when proceedings are issued and the Court considers that a child is at risk of significant harm, and there are concerns about their welfare, a. Children’s Guardian will be appointed. The Children’s Guardian is a crucial figure in ensuring the child’s interests are protected throughout the legal process.

In this blog, we’ll explore the role of the Children’s Guardian in care proceedings, what they do, and how they help safeguard a child’s rights and well-being during what is often a complex and emotional process.

What Are Care Proceedings?

Care proceedings is where a Local Authority (social services) have initiated an application to court to decide whether a child should be removed from their family and placed in care, or whether other measures should be taken to ensure the child’s safety and welfare, for example placing them with another family member or making them subject to another court order. These proceedings are heard in the Family Court.

The aim of care proceedings is to ensure that the child’s welfare is safeguarded. This includes considering whether the child should remain with their family, be placed with relatives, or be put in the care of the local authority (e.g., foster care or adoption).

Who is the Children’s Guardian?

A Children’s Guardian is an independent professional appointed by the court to represent the child’s best interests during care proceedings. They are usually appointed by the court in cases where the local authority has brought the proceedings, and their role is crucial in ensuring the child’s voice is heard in a process that can seem daunting and unclear to many families.

A Children’s Guardian is a qualified social worker who has expertise and experience in child protection and welfare issues. They are independent of both the local authority and the parents, ensuring that their sole focus is on the child’s welfare.  They are usually employed by Cafcass (Children and Family Court Advisory and Support Service).

Key Responsibilities of the Children’s Guardian

1. Assessing the Child’s Needs and Wishes

One of the most critical roles of the Children’s Guardian is to assess the child’s needs and preferences and convey these to the court.  For children who are too young to express their wishes, the Guardian will gather information from the child’s parents, carers, and professionals involved in their life to build a complete picture of what is in the child’s best interest.

For older children or those who are capable of expressing a view, the Guardian will ensure that the child’s voice is heard. This can involve meeting with the child, discussing their wishes, and making sure that their views are communicated to the court, especially in matters like where they should live and who they should have contact with.

2. Investigation and Reporting

The Guardian’s role involves investigating the circumstances of the child’s situation. This means reviewing reports from social workers, medical professionals, and other relevant parties involved in the child’s care, such as teachers, foster carers, or family members. They may also carry out their own interviews and assessments with anyone who is involved with the child.

Based on this information, the Guardian will prepare a report for the court. This report will include their recommendations on the best course of action for the child’s welfare. While the Guardian’s recommendations are not legally binding, they are influential in the court’s decision-making process.

3. Ensuring the Legal Process is Fair

The Children’s Guardian ensures that the care proceedings are conducted fairly for everyone involved. This includes making sure that the local authority follows the correct procedures, that parents have access to legal representation, and that the child’s welfare is considered at every stage of the process.

Importantly, the Guardian also ensures that any concerns raised by the child or their family members are addressed, and that the child’s legal rights are protected.

4. Representing the Child in Court

The Guardian does not act as the child’s lawyer and will instruct their own legal representative, who will representing the child’s interests in court. The Guardian’s primary responsibility is to advocate for the child’s welfare, including their emotional, physical, and psychological needs.

In court hearings, the legal representative for the Children’s Guardian will present the findings of the Children’s Guardian’s investigations and offer their opinion on what is in the child’s best interests. Their role is not to take sides but to ensure that the court has all the relevant information to make an informed decision.

5. Monitoring the Progress of the Case

The Children’s Guardian continues to monitor the case throughout the care proceedings. They ensure that any orders made by the court prior to the final orders are being followed, such as ensuring the child has appropriate placements or contact arrangements with family members and/or siblings, and that the child’s welfare continues to be a priority throughout the proceedings.

They may also attend meetings, case reviews, and any subsequent hearings to ensure the child’s needs are being met. If there are any significant changes in circumstances, the Guardian may report back to the court.

When is a Children’s Guardian Appointed?

A Children’s Guardian is appointed in care proceedings, which are issued when there is a concern about a child’s welfare. This can happen when:

• The local authority seeks to remove the child from the home and place them into care.

• There are complex issues related to the child’s safety, health, or upbringing.

• The child may be placed for adoption or is subject to care orders.

The court appoints a Guardian at the outset of care proceedings, ensuring that the child’s interests are represented from the beginning.

A Children’s Guardian is also appointed where there is any further application by the local authority in relation to a child who subject to a care or supervision order, including applications to discharge care orders or contact with a child in care.

In complex court proceedings which do not involve the local authority and are disputes between (typically) the child’s parents to determine who the child should live with or spend time with, a Children’s Guardian can be appointed where the court considers that this in the child’s interests, where a Children’s Guardian could fairly and competently represent the child’s interests and where there may be expert assessments.

How Does a Children’s Guardian Help the Family?

While the Children’s Guardian is focused on representing the child’s best interests, they also provide valuable support and guidance to families involved in care proceedings. They can explain the legal process, offer practical advice, and ensure that all parties involved are clear on the proceedings.

For parents or family members, the Children’s Guardian can be a key resource in helping them understand their rights, responsibilities, and options throughout the process. In some cases, the Guardian may even help facilitate mediation or discussions between parents and local authorities to reach an agreement that serves the child’s best interests.

Conclusion

The Children’s Guardian plays a vital role in ensuring that care proceedings are conducted fairly, transparently, and with the child’s welfare at the heart of the process. By acting independently, the Guardian ensures that a child’s voice is heard, their needs are properly assessed, and that decisions made in court are fully informed. For families facing care proceedings, understanding the role of the Children’s Guardian can help them navigate this challenging process with greater clarity and confidence, knowing that the welfare of their child is being protected at every stage.

If you are involved in care proceedings, seeking legal advice from one of our qualified childcare lawyers will ensure that you understand the process and how best to protect your rights and your child’s well-being.