Understanding the Role of a Guardian in Care Proceedings

Legally reviewed by: Ravi Kaur Mahey Apr 2025 In: Child Care

The following article, “Understanding the Role of a Guardian in Care Proceedings”, has been written by Cartwright King’s Child Law Director, Ravi Kaur Mahey.

When care proceedings are initiated to protect the welfare of a child, a key figure in this process is the Children’s Guardian, an independent professional who represents the child’s best interests and advocates on their behalf.

Who is a Children’s Guardian?

A Children’s Guardian is typically appointed in situations where care proceedings are being initiated or in cases where the court determines that the child needs an independent voice in proceedings. A Children’s Guardian is an experienced social worker who will often have extensive experience of working with families. This appointment is done by the court.

When is a Guardian Appointed?

In care proceedings
In cases involving complex welfare issues or disputes regarding custody and contact.
If a child is in need of protection or there are concerns regarding their safety or wellbeing.
The guardian may also be appointed in situations where a child is particularly vulnerable or there are disputes over their future care, for example, in cases of contested adoption.

What is the Role of a Guardian?

The Guardian’s primary role is to represent the best interests of the child throughout the legal proceedings, ensuring that the child’s welfare is central to any decisions made. This includes:

Independent Representation:

The Guardian acts as an independent party, separate from both the local authority and the parents.
They assess and report to the court on the child’s wishes and feelings and appoint a children’s solicitor to represent the child in court.

Investigation and Assessment:

The Guardian gathers information relevant to the child’s welfare. This may include speaking with the child (depending on their age and understanding), parents, social workers, and other professionals involved in the child’s life.
They may request reports from social services or other agencies and can recommend additional assessments if necessary.

Reporting to the Court:

The Guardian writes reports for the court outlining their findings, conclusions, and recommendations on what is in the child’s best interests. This could include recommendations on where the child should live, the type of care they should receive, and any contact arrangements with parents or other family members.
In some cases, the Guardian may also recommend that the child be placed in the care of a specific relative or foster carer.

Liaising with the Legal Team:

The Guardian is appointed a Solicitor, who is then referred to as the Child or Children’s Solicitor. The Guardian works closely with the child’s solicitor and other parties involved, including social workers and other professionals involved in a child’s life. The role of the Solicitor is to represent the children through their Guardian and deal with all legal matters including representing them at court hearings.
The Guardian may also give evidence to the court in contested hearings, acting as the child’s voice to the court and making recommendations to further their best interests.

Child-Centred Approach:

The Guardian ensures that the child’s voice is heard in proceedings. They will consider the child’s emotional, psychological, and physical needs, as well as their wishes and feelings, taking into account the child’s age and level of understanding.
If the Guardian feels a child is of a sufficient understanding and competent, they can recommend that the child is separately represented by their own solicitor. The Guardian continues in their welfare role, but this allows older and competent children to instruct their own solicitor independently. Cartwright King has a number of specialist Children Panel solicitors who can represent children directly and Guardians.

Our Team at Cartwright King

We have specialist Children Panel Solicitors who represent children and Guardians in proceedings, working to ensure every child and their voice is heard, understood and respected. We are committed to working to ensure the best possible outcome for children in often challenging and complex proceedings.

Our team of child care solicitors offer UK-wide tailored legal representation to help you with your specific case. Get in touch with our compassionate solicitors on 0333 259 8717 or submit an online request and our team will get back to you.

View Our List of Children Panel Solicitors