OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Rules)

These Rules amend the Adoption Rules 1984 following the establishment of the Children and Family Court Advisory and Support Service (“CAFCASS”) by the Criminal Justice and Court Services Act 2000. The term “guardian ad litem” is replaced by “children’s guardian”. The children’s guardian and the reporting officer will be officers of CAFCASS. No provision is made for the Official Solicitor to be appointed as children’s guardian in the High Court. The provisions relating to disclosure of documents have been amended to facilitate inspection of CAFCASS and also to allow disclosure where this would assist an officer of the service to perform any of his functions. Power is given to the court to limit the issues on which a children’s guardian or reporting officer may be cross-examined.

The opportunity has also been taken to remove the restriction on the child being given party status in the county court.