{
  "url": "https://openlegislation.uk/family-proceedings-courts-children-act-1989-rules-1991/article-10",
  "json_url": "https://openlegislation.uk/family-proceedings-courts-children-act-1989-rules-1991/article-10.json",
  "legislation": "uksi/1991/1395",
  "legislation_title": "The Family Proceedings Courts (Children Act 1989) Rules 1991",
  "legislation_url": "https://openlegislation.uk/family-proceedings-courts-children-act-1989-rules-1991",
  "path": "article/10",
  "kind": "article",
  "number": "10",
  "heading": "Appointment of guardian ad litem",
  "text": "(1) As soon as practicable after the commencement of specified proceedings or the transfer of such proceedings to the court, the justices' clerk or the court shall appoint a guardian ad litem unless–\n(a) such an appointment has already been made by the court which made the transfer and is subsisting, or\n(b) the justices' clerk or the court considers that such an appointment is not necessary to safeguard the interests of the child.\n(2) At any stage in specified proceedings a party may apply, without notice to the other parties unless the justices' clerk or the court otherwise directs, for the appointment of a guardian ad litem.\n(3) The justices' clerk or the court shall grant an application under paragraph (2) unless it is considered that such an appointment is not necessary to safeguard the interests of the child, in which case reasons shall be given; and a note of such reasons shall be taken by the justices' clerk.\n(4) At any stage in specified proceedings the justices' clerk or the court may appoint a guardian ad litem even though no application is made for such an appointment.\n(5) The justices' clerk shall, as soon as practicable, notify the parties and any welfare officer of an appointment under this rule or, as the case may be, of a decision not to make such an appointment.\n(6) Upon the appointment of a guardian ad litem the justices' clerk shall, as soon as practicable, notify him of the appointment and serve on him copies of the application and of documents filed under rule 17(1).\n(7) A guardian ad litem appointed from a panel established by regulations made under section 41(7) shall not–\n(a) be a member, officer or servant of a local authority which, or an authorised person (within the meaning of section 31(9)) who, is a party to the proceedings unless he is employed by such an authority solely as a member of a panel of guardians ad litem and reporting officers;\n(b) be, or have been, a member, officer or servant of a local authority or voluntary organisation (within the meaning of section 105(1)) who has been directly concerned in that capacity in arrangements relating to the care, accommodation or welfare of the child during the five years prior to the commencement of the proceedings;\n(c) be a serving probation officer (except that a probation officer who has not in that capacity been previously concerned with the child or his family and who is employed part-time may, when not engaged in his duties as a probation officer, act as a guardian ad litem).\n(8) When appointing a guardian ad litem, the justices' clerk or the court shall consider the appointment of anyone who has previously acted as guardian ad litem of the same child.\n(9) The appointment of a guardian ad litem under this rule shall continue for such time as is specified in the appointment or until terminated by the court.\n(10) When terminating an appointment in accordance with paragraph (9), the court shall give reasons in writing for so doing, a note of which shall be taken by the justices' clerk.\n(11) Where the justices' clerk or the court appoints a guardian ad litem in accordance with this rule or refuses to make such an appointment, the justices' clerk shall record the appointment or refusal in the appropriate form in Schedule 1 to these Rules.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "am",
      "affecting": "uksi/2001/818",
      "affecting_title": "The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2001"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2001/615",
      "affecting_title": "The Magistrates' Courts (Transfer of Justices' Clerks' Functions) (Miscellaneous Amendments) Rules 2001"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2001/615",
      "affecting_title": "The Magistrates' Courts (Transfer of Justices' Clerks' Functions) (Miscellaneous Amendments) Rules 2001"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/1395/article/10",
    "retrieved_at": "2026-10-29T14:42:46.444420+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}