Guidance (cases involving protected parties in which Official Solicitor invited to act as guardian ad litem or litigation friend) [2011] All ER (D) 26 (Jan)
Family Division, Pauffley J, 22 Dec 2010
The Family Division issued guidance for courts dealing with cases in which the official solicitor had been requested to act as guardian ad litem/litigation friend for protected parties in proceedings relating to children.
The official solicitor and the president met in order to discuss the difficulties which the official solicitor had been having in accepting requests to act as guardian ad litem/litigation friend for protected parties in proceedings relating to children.
The official solicitor’s role in proceedings under the Mental Capacity Act 2005 was also discussed. At the end of the meeting the president invited Pauffley J to draft guidance for courts dealing with such cases.
It had been seen by, and had the endorsement of, both the official solicitor and the president. The guidance was as follows.
Public & private law cases
Many practitioners and judges would know of the official solicitor’s recent difficulties
