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 child’s solicitor is not at court either. Counsel finding themselves in that situation are reminded that they may not make submissions on the child’s behalf and, in fact, Counsel holds no more than a watching or noting brief in such circumstances. More generally, Counsel are reminded that their active participation in the management and outcome of proceedings depends upon their having clear instructions which will be given by the Guardian through a solicitor.
Professional Practice Committee
Bar Council
January 2011
