A child’s situation can go to court for many different reasons. Here are some examples:
- Parents do not agree on very important things relating to the child’s welfare
- The decisions or actions of a local council, school or hospital are against the law
- A child in care, hospital or prison wasn’t protected and they suffered abuse as a result
Most of the time a litigation friend will undertake the child’s court case for them.
There are legal rules about who can and cannot be a child’s litigation friend. The most important rule is that they must act in the best interests of the child and be able to carry out this role well.
If a child wants to instruct a solicitor themselves – that is, they do not want a litigation friend – an application has to be made to the court. The solicitor and the court must carefully consider whether the child has enough understanding about the situation that the court is considering. They have to make sure the child will not be emotionally harmed by being directly involved in a court case.
In 2005, the Court of Appeal decided that three brothers aged 13, 15 and 17 could instruct a solicitor themselves, instead of having a Cafcass guardian. Their parents were separating and the boys wanted to have a direct role in the court process.