Representation of Children in Care Proceedings

Advice from the Bar Council

It has come to the attention of the Bar Council that Counsel are at times appearing in court on behalf of children even before a Guardian has been appointed. Frequently, the childs solicitor is not at court. Counsel finding themselves in that situation are reminded that they may not make submissions on the childs behalf and hold no more than a watching or noting brief in such circumstances. more generally, Counsel are reminded that their active participation in such proceedings depends upon their having clear instructions which will be given by the Guardian through a solicitor.