The Role of Children's Guardian - Information for Adults
 

Being involved in court proceedings can be a difficult and confusing time. It is hoped that this page will answer some of your questions about the job of the Guardian .
 

All about the Children's Guardian 

When is a Children's Guardian  appointed?
A Guardian  is appointed when the court wants an independent view of what has been happening and what should happen in the child's life. A Children's Guardian will normally be appointed in certain court proceedings under The Children Act 1989.
Children's Guardians are also involved in adoption proceedings.
The Guardian will contact  you soon after being asked by the court to investigate the case.  The Guardian's involvement finishes once the matter before the court has been dealt with.

Who are Children's Guardians ?
The Guardian will have been appointed by the court from the local CAFCASS office. These are professionally qualified social workers with considerable experience of working with children and families. They do not work for the local authority which is involved in your case.
 
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What does the Children's Guardian do?
The most important duty of the Guardian  is to safeguard the child's welfare. S/he has to help courts make decisions about what is best for children and normally needs to visit the people concerned, study the relevant case files and get to know the child(ren) involved. Once the necessary enquiries have been completed the Guardian will write reports for the court in question. The report will give the Guardian's views and recommendations and, if the child is able to express an opinion, will include a section about what the child says.
The Guardian will work closely with the child's solicitor to present the case to the court. This may involve calling witnesses on the child's behalf. The Guardian  may also be called to give evidence and may be cross-examined.

Who will see the Guardian's report?
The report is confidential and belongs to the court. The report will be sent to the parties in the proceedings, usually the solicitor of the child, the parents and the local authority. The report should be available in time for you to discuss it with your solicitor before the hearing. Parents who are not represented by a solicitor should still receive a copy of the report from the court on request.
 
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What is the difference between the Guardian and the Child's solicitor?
The solicitor is responsible for presenting the child's case in court, including calling witnesses for the child. The Guardian is responsible for telling the solicitor what the Guardian thinks should happen with the child and what information should be put before the court.

What happens if the child disagrees with the Guardian's views?
A solicitor for the child may consider that the child is old enough to express a view of his/her own as to what should happen. The solicitor must then act for the child and tell the court when this differs from the recommendations of the Guardian . The Guardian  will still give an opinion to the court, but not through the child's solicitor.

What if any parties, including the parents, disagree with the Guardian's views?
Parents will normally have a chance to discuss the Guardian's views and recommendations with their solicitor before the court hearing. The Guardian  can also be questioned in court by the parent's solicitor, as well as the child's solicitor and the local authority's solicitor.
 
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The Task of the Children's Guardian

Taken from the DOH “Manual of Practice Guidance for GALROs”
Information Gathering
Interviewing:
Child, parents, professionals, any other person with an interest in the child
Assessing Information
Reading and analysing:
Case files, witness statements and documents relating to the case and evaluating the evidence
Managing the case
Liaising with the court re:
Avoiding delays Section 1 (2).
Allocation to appropriate court.
Receive documents on behalf of the child if no solicitor is appointed.
Ensure those with parental responsibility are aware of the proceedings and of their right to be represented.
Representing the child
Ascertain child's wishes and feelings
Appoint + work with child's solicitor
Prepare the case, including expert witness evidence
Write a report and make a recommendation
Professional Developments
Attend Cafcass business and support group meetings
Professional consultation
Training and reading relevant journals
Participate in regular review & evaluation
Setting up and administering clerical systems, including typing reports and confidential storage of documents
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National Standards for the Children's Guardian  Reporting  Service
In each case under the Children Act, the guardian ensures the welfare of the child is the paramount consideration; in adoption cases, the guardian safeguards the interests of the child.
Full consideration given to ascertaining both the wishes and the feelings of the child
The guardian is professionally independent from other parties and works impartially with parents, other family members, carers and professionals at all stages in the process, subject to the need to ensure the welfare of the child.
In their work with children and families, guardians positively respond to issues associated with gender, race, culture, religion, language and disability.
The investigation is undertaken in a competent manner; having been appointed to a particular case, the guardian constructs an initial plan setting out the intended work programme and proceeds to implement it with minimum delay, updating as necessary.
Where this is statutorily required, the guardians investigation incorporates the welfare checklist (Section 1 (3) of the Children Act) and the criteria for making the order applied in their information gathering.
Having brought together the relevant information, the guardian evaluates it and makes judgments about what future arrangements will be in the best interests of the child; whether any order is needed, and if it is whether the order sought is the one most likely to achieve the child's best interests.
The guardians report accords with both the national and local guidelines on report writing.
Prior to closing the case , guardians ensure that they have considered appropriate actions and if necessary carried them out in respect of the child
The guardian attends relevant directions appointments in accordance with the court rules, and is prepared for each court hearing.
The guardian has a responsibility to work within Cafcass policies, standards and procedures.
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