# The Magistrates' Courts (Children and Young Persons) Rules 1988, Article 16: Appointment and duties of guardianad litem.


(1) In any proceedings to which an order under section 32A(1) of the Act of 1969 relates (not being an order under section 32A(2)) the court shall appoint a guardianad litem of the relevant infant for the purposes of the proceedings if it appears to the court that it is in his interests to do so.
(2) An appointment of a guardianad litem under this rule or section 32B(1) of the Act of 1969 shall be made by order and the person to be appointed shall be selected from a panel established by regulations under section 103 of the Children Act 1975 except that the person appointed shall not—
(a) be a member, officer or servant of a local authority or authorised person (within the meaning of section 1 of the Act of 1969) which is a party to the proceedings; or
(b) be, or at any time have been, a member, officer or servant of a local authority or voluntary organisation (within the meaning of section 87(1) of the Act of 1980) who has been directly concerned in that capacity in arrangements relating to the care, accommodation or welfare of the relevant infant; or
(c) be a serving probation officer (except that a probation officer who has not in that capacity been previously concerned with the relevant infant or his family and who is employed part-time may, when not engaged in his duties as a probation officer, act as a guardianad litem).
(3) Where the court has appointed a guardianad litem under this rule or section 32B(1) of the Act of 1969, and it appears to the court desirable that some other person should act as guardianad litem in substitution for the person appointed earlier, the court shall, by order, revoke the earlier appointment and make a new appointment.
(4) The powers of the court to appoint a guardianad litem under this rule or section 32B(1) of the Act of 1969 and to give directions concerning legal representation of the infant in accordance with paragraph (6)(c) or concerning any other matter in accordance with paragraph (6)(e) shall also be exercisable, before the hearing of the application to which the proceedings relate, by a single justice or by the justices' clerk; and where the power to appoint a guardianad litem is so exercised, the single justice or the justices' clerk shall on the same occasion consider whether the infant should be legally represented and may direct that the guardianad litem so appointed is to instruct a solicitor to represent the infant.
(5) The court shall cause notice of an order appointing a guardianad litem to be given to the guardianad litem, the applicant and the persons to whom notice of the proceedings has been given under rule 14(2).
(6) The guardianad litem appointed under this rule or section 32B(1) of the Act of 1969, with a view to safeguarding the interests of the relevant infant before the court shall—
(a) so far as it is reasonably practicable, investigate all circumstances relevant to the proceedings and for that purpose shall interview such persons, inspect such records and obtain such professional assistance as the guardianad litem thinks appropriate;
(b) regard as the first and paramount consideration the need to safeguard and promote the infant’s best interests until he achieves adulthood, and shall take into account the wishes and feelings of the infant, having regard to his age and understanding, and shall ensure that those wishes and feelings are made known to the court;
(c) except where a solicitor has been instructed to represent the infant before the appointment of the guardianad litem or a direction has been given in accordance with paragraph (4) of this rule that a solicitor be instructed, obtain the views of the court as to whether the infant should be legally represented and, unless the court otherwise directs, instruct a solicitor to represent the infant;
(d) consider how the case should be presented on behalf of the infant, acting in conjunction with the solicitor in a case in which one has been instructed (whether by the guardianad litem or otherwise) to represent the infant; and shall, in such a case, instruct the solicitor (unless the solicitor considers, having taken into account the views of the guardianad litem, that the infant wishes to give instructions which conflict with those of the guardianad litem and that he is able, having regard to his age and understanding, to give such instructions on his own behalf);
(e) seek the views of the court in any case where difficulties arise in relation to the performance of his duties;
(f) as soon as practicable make a report in writing to the court for the purposes of rule 25(3)(a);
(g) perform such other duties as the court may direct.
(7) When the court has finally disposed of the case the guardianad litem shall consider, acting in conjunction with the solicitor in a case in which the infant is legally represented, whether it would be in the infant’s best interests to appeal to the Crown Court and, if it is considered that it would be, he shall ensure that notice of appeal is given on behalf of the infant (unless the solicitor, in a case in which the infant is legally represented, considers, having taken into account the views of the guardianad litem, that the infant wishes to give instructions which conflict with those of the guardianad litem and that he is able, having regard to his age and understanding, to give such instructions on his own behalf).

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Source: https://www.legislation.gov.uk/uksi/1988/913/article/16 (the official version)
Page: https://openlegislation.uk/magistrates-courts-children-and-young-persons-rules-1988/article-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.