# The Family Procedure (Adoption) Rules 2005, Article 68: Solicitor for child


(1) A solicitor appointed under section 41(3) of the 1989 Act or in accordance with rule 63(2)(a) must represent the child—
(a) in accordance with instructions received from the children’s guardian unless the solicitor considers, having taken into account the views of the children’s guardian and any direction of the court under rule 64(2)—
(i) that the child wishes to give instructions which conflict with those of the children’s guardian; and
(ii) that he is able, having regard to his understanding, to give such instructions on his own behalf,
in which case the solicitor must conduct the proceedings in accordance with instructions received from the child;
(b) where no children’s guardian has been appointed and the condition in section 41(4)(b) of the 1989 Act is satisfied, in accordance with instructions received from the child; or
(c) in default of instructions under sub-paragraph (a) or (b), in furtherance of the best interests of the child.
(2) A solicitor appointed under section 41(3) of the 1989 Act or in accordance with rule 63(2)(a) must—
(a) serve documents on behalf of the child in accordance with rule 37(2)(a); and
(b) accept service of documents on behalf of the child in accordance with the table in rule 37(1),
and, where the child has not himself been served and has sufficient understanding, advise the child of the contents of any document so served.
(3) Where the child wishes an appointment of a solicitor under section 41(3) of the 1989 Act or in accordance with rule 63(2)(a) to be terminated—
(a) he may apply to the court for an order terminating the appointment; and
(b) the solicitor and the children’s guardian will be given an opportunity to make representations.
(4) Where the children’s guardian wishes an appointment of a solicitor under section 41(3) of the 1989 Act or in accordance with rule 63(2)(a) to be terminated—
(a) he may apply to the court for an order terminating the appointment; and
(b) the solicitor and, if he is of sufficient understanding, the child, will be given an opportunity to make representations.
(5) When terminating an appointment in accordance with paragraph (3) or (4), the court will give its reasons for so doing, a note of which will be taken by the court or a court officer.
(6) The court or a court officer will record the appointment under section 41(3) of the 1989 Act or in accordance with rule 63(2)(a) or the refusal to make the appointment.

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Source: https://www.legislation.gov.uk/uksi/2005/2795/article/68 (the official version)
Page: https://openlegislation.uk/family-procedure-adoption-rules-2005/article-68
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.