Child Protection and The Role of a Solicitor Representing a Child

In child protection matters, solicitors play a critical role in representing the legal rights and best interests of the child. Their role can vary depending on the nature of the case, the legal framework, and the age and circumstances of the child. Below are key roles solicitors play when representing children:

1. Legal Advice and Representation
   • A child may be involved in legal proceedings, such as care proceedings or custody disputes. The solicitor ensures that the child’s voice is heard, representing them in court or during negotiations with other parties (parents, social services, etc.).
   • In public law cases (like care orders), the solicitor acts on behalf of the child to safeguard their welfare when parents or guardians are unable or unwilling to do so.
2. Acting as the Child’s Guardian ad Litem
   • In some cases, a solicitor may work alongside or as a guardian ad litem (an appointed representative for the child). They are tasked with making recommendations to the court based on the child’s best interests, often independent of parental desires.
3. Interpreting the Child’s Wishes and Feelings
   • In many jurisdictions, children have a right to express their wishes and feelings about their future, especially in family law matters like custody or care arrangements. The solicitor helps convey those wishes to the court while balancing what is deemed to be in the child’s best interest.
   • When the child is very young or unable to articulate their wishes, the solicitor must use their professional judgment to determine what is best for the child.
4. Negotiating with Authorities
   • Solicitors may work with social services, schools, healthcare providers, and other authorities to ensure that the child receives appropriate care, education, and support.
   • They also challenge decisions made by authorities if they believe they do not align with the child’s best interests.
5. Ensuring the Child’s Rights are Respected
   • Children’s solicitors advocate for the child’s rights under laws like the Children Act 1989 in the UK or similar legislation in other countries.
   • In cases of abuse, the solicitor may seek protective measures such as emergency court orders or other legal actions to remove the child from harm’s way.
6. Guiding Children Through Legal Processes
   • If children are old enough to be involved in the legal process, solicitors explain the court procedures in child-friendly ways, ensuring the child understands the proceedings and their role in it.

When is a Child Entitled to a Solicitor?

A child may need legal representation in various scenarios:

• Care Proceedings: When a local authority takes legal action to protect the child (e.g., seeking a care order to remove a child from their parents’ care).
• Custody or Family Disputes: In private family law disputes (e.g., divorce or separation), a child may need legal representation if their wishes or welfare are in question.
• Adoption or Foster Care Issues: A solicitor may represent the child in disputes over adoption or foster placements.

In summary, child protection solicitors play a crucial role in ensuring that a child’s voice is heard, their rights are respected, and their welfare is prioritised in legal matters. They act as intermediaries between the child and the legal system, helping to make complex legal processes more understandable and manageable for the child.

At Greens Solicitors we have experienced child protection solicitors who can help.