What is a Children's Guardian?

When the Local Authority issue Care Proceedings to seek Public Law Orders regarding children, the subject children will be allocated a Children’s Guardian to represent their views, wishes and best interests throughout the proceedings. The Guardian is provided through an organisation known as Cafcass, which is solely dedicated to representing children in the Family Court.

Cafcass is an organisation that represents the interests of children and young people in the Family Court. When children are made subject to Care Proceedings, Cafcass will allocate a worker from the local office their organisation to become the Children’s Guardian. They will represent the needs, wishes and feelings of the children throughout those Care Proceedings. It is important to note that the Guardian is independent of the Local Authority and their main role is to ensure that the children remain at the heart of the Care Proceedings and decisions made by the Court are in their best interests.

The Guardian’s specific role and interactions with the children will differ depending on the nature of the matter, but in all proceedings, the Guardian will:

• Enquire with the Local Authority about their plans for the children and what they think needs to happen next.
• Ensure that the children can speak to their own solicitor who will address the Judge on their behalf.
• Speak to the children to find out how they feel, what they are thinking, and their lived experiences.
• Speak to the parents and other family members to learn more about the situation and find out whether it would be safe for the children to return/remain with their parent or parents.
• Listen to what decisions the children would like the Court to make.
• Recommend to the Court what decision should be made regarding the interim and permanent placement of the children and what is in their best interests.

The Guardian will also help children to understand why the Local Authority and Family Court are involved in their lives in an age appropriate manner. They will explain to the children that decisions have or are being made about their safety and will help the children come to terms with that decision. Depending on the age, mental health, and maturity for the child, the Guardian will adapt their approach in explaining these important decisions to ensure that they understand it but also are guided through the emotional disturbance they may be feeling.

How can we help?

We understand that the Local Authority being involved with your children can be very stressful and that is why we are here to help and provide advice. We have experience in assisting parents at all stages of Local Authority involvement.

Please contact Johnson Astills at either our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312 and ask or a member of the Care Team. Alternatively you contact us through our free online enquiry form or email us at careteam@johnsonastills.com and a member of our team will be happy to assist you.