Jargonbuster - Children's Guardian
Posted on 20th October 2022
A person who acts for a child who is subject to specific public law proceedings, usually care proceedings.
Guardians are qualified in social work; they are trained and experienced in working with children and families. They are appointed by the Court to represent the rights and interests of children in cases that involve social services or serious safeguarding issues. They are the independent voice of the child. The Guardian is independent of the social worker, parents, courts and everyone else involved in the case. Children’s Guardians usually work for CAFCASS or may be self-employed. Their role is to make sure children are kept safe and to consider what is best for the child at all times during a case.
The Guardian will always prepare an analysis before the final hearing. This is a detailed report weighing up the options for the child and considering their wishes and feelings. Usually the Guardian prepares a report or a Position Statement for the first hearing but this may not be possible for urgent hearings.
The Children’s Guardian spends time getting to know the child and members of their family. They talk to other people who know the family, such as relatives, teachers, foster carers, social workers and health visitors. They meet the child, often at school. The Guardian can speak to the child without parents’ consent.
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