Article 37 Service of documents on children and patients
The following table shows the person on whom a document must be served if it is a document which would otherwise be served on a child, non-subject child or patient—
| Nature of party | Type of document | Person to be served |
|---|---|---|
| Child who is not also a patient | Any document | The solicitor acting for the child; where there is no such solicitor, the children’s guardian or the children and family reporter. |
| Non-subject child who is not also a patient | Application form | One of the non-subject child’s parents or guardians; if there is no parent or guardian, the person with whom the non-subject child resides or in whose care the non-subject child is. |
| Patient | Application form | The person authorised under Part VII of the Mental Health Act 1983f1 to conduct the proceedings in the name of the patient or on his behalf; if there is no person so authorised, the person with whom the patient resides or in whose care the patient is. |
| Non-subject child or patient | Application for an order appointing a litigation friend, where the non-subject child or patient has no litigation friend | See rule 57. |
| Any other document | The litigation friend who is conducting proceedings on behalf of the non-subject child or patient. |
Where a child is directed by the court to serve a document, service is to be effected by—
the solicitor acting for the child;
where there is no such solicitor, the children’s guardian;
where there is neither a solicitor or children’s guardian, the litigation friend; or
where there is neither a solicitor, children’s guardian, or litigation friend, a court officer.
Where a non-subject child or patient is directed by the court to serve a document, service is to be effected by—
the solicitor acting for the non-subject child or patient; or
where there is no such solicitor, the litigation friend.
The court may give directions permitting a document to be served on the child, non-subject child or patient, or on some other person other than the person specified in the table in this rule.
The court may direct that, although a document has been served on someone other than the person specified in the table, the document is to be treated as if it had been properly served.
This rule does not apply where a non-subject child is conducting proceedings without a litigation friend in accordance with rule 51.
Annotations
Footnotes
- f1