Regulation 14 Children and patients

(1)

A solicitor shall not, except where paragraph (2) applies, accept an application for advice and assistance from a child unless he has been authorised to do so by the Area Director and the Area Director shall withhold such authority unless he is satisfied that it is reasonable in the circumstances that the child should receive advice and assistance.

(2)

A solicitor may accept an application for advice and assistance from a child who–

(a)

is arrested and held in custody at a police station or other premises;

(b)

is being interviewed in connection with a serious service offence; or

(c)

is a volunteer;

where the solicitor is satisfied that the application cannot reasonably be made by any of the persons specified in paragraph (3)(a), (c) or (d).

(3)

A solicitor may accept an application for advice and assistance on behalf of a child or patient from–

(a)

in the case of a child, his parent or guardian or other person in whose care he is; or

(b)

in the case of a patient, a receiver appointed under Part VII of the Mental Health Act 1983 or the patient’s nearest relative or guardian within the meaning of Part II of the Mental Health Act 1983; or

(c)

in the case of a child or patient, a person acting for the purposes of any proceedings as his next friend or guardian ad litem; or

(d)

in the case of a child or a patient, any other person where the Area Director is satisfied that it is reasonable in the circumstances and has given prior authority for the advice and assistance to be given to such other person on behalf of the child or patient.