# The Family Procedure (Adoption) Rules 2005, Article 65: How the children’s guardian exercises his duties – attendance at court, advice to the court and reports


(1) The children’s guardian or the solicitor appointed under section 41(3) of the 1989 Act or in accordance with rule 63(2)(a) must attend all directions hearings unless the court directs otherwise.
(2) The children’s guardian must advise the court on the following matters—
(a) whether the child is of sufficient understanding for any purpose including the child’s refusal to submit to a medical or psychiatric examination or other assessment that the court has the power to require, direct or order;
(b) the wishes of the child in respect of any matter relevant to the proceedings including his attendance at court;
(c) the appropriate forum for the proceedings;
(d) the appropriate timing of the proceedings or any part of them;
(e) the options available to it in respect of the child and the suitability of each such option including what order should be made in determining the application; and
(f) any other matter on which the court seeks his advice or on which he considers that the court should be informed.
(3) The advice given under paragraph (2) may, subject to any direction of the court, be given orally or in writing.
(4) The children’s guardian must—
(a) unless the court directs otherwise, file a written report advising on the interests of the child in accordance with the timetable set by the court; and
(b) where practicable, notify any person the joining of whom as a party to those proceedings would be likely, in his opinion, to safeguard the interests of the child, of the court’s power to join that person as a party under rule 23 and must inform the court—
(i) of any notification;
(ii) of anyone whom he attempted to notify under this paragraph but was unable to contact; and
(iii) of anyone whom he believes may wish to be joined to the proceedings.
(5) Any report to the court under this rule will be confidential.
(Part 9 sets out the procedure for making an application to be joined as a party in proceedings.)

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Source: https://www.legislation.gov.uk/uksi/2005/2795/article/65 (the official version)
Page: https://openlegislation.uk/family-procedure-adoption-rules-2005/article-65
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.