One of the more important aspects of care proceedings process is the assignment of a Care Proceedings Guardian.

The Children’s Guardian is an independent welfare officer appointed by the court. He (or she) is an officer of the Children and Family Court Advisory and Support Service (Cafcass) whose job it is to represent the rights and interests of the child.

The independence of the Guardian is highly important. Cafcass workers are independent – they don’t work for the local authority and they do not work for the court.

They spend time getting to know the child and their family before the hearing.

What Are the Duties of a Care Proceedings Guardian?

The Children’s Guardian:

“Without Brendan Fleming Solicitors,
my children wouldn’t be here today.
They are so supportive and
reassuring and is much
more helpful than Social
Services. I wish I could
give them a medal. They
make me feel comfortable
in court. They are brilliant.
They go above and
beyond what they are
expected to do.”Our client, Kathleen

  • appoints a solicitor for the child
  • advises the court about what needs to be done before it can make a decision
  • writes a report for the court saying what would be best for the child – including the child’s wishes and feelings

The Children’s Guardian spends time with the child and their family before they write their report for the court. They may also talk to other people who know the family, like teachers, social workers and health visitors.

They go to meetings about the child, check records and read the council’s case file. They may also recommend to the court that other independent professionals help the court with advice, e.g. a doctor or a psychologist.

In practice, the Guardian will act completely independently, making recommendations and suggestions during the Court Proceedings. Their experience is vital to Care Proceedings, and they will frequently take an active role, pressing the Local Authority into action, and the parents into response.

At the end of the day, the Guardian’s report can be the most important document before the Court.

Contact Us Now

Brendan Fleming Solicitors are nationally recognized as a leading choice in the area of care work. We are justifiably proud of our expertise and our success rate. We are contracted to the Legal Services Commission for this type of work and are considered to be one of the leading national firms for publicly funded services.

Our principal, Brendan Fleming, has won a reputation for his innovative approach, spearheading many new ways of securing justice for families caught in the care proceedings trap. He is a member of a select children’s panel and recognized and approved by the Law Society.

If you are facing care proceedings, are in a confusion as to what is happening and need a Care Proceedings Solicitor to help you, contact Brendan Fleming today.

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Brendan Fleming Solicitors
165 Newhall Street BirminghamWMB3 1SW UK 
 • 0121 683 5000
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