In terms of rule 3.9(2) of the Act of Sederunt (Child Care and Maintenance Rules) 1997 (as amended), where a safeguarder has been appointed to act as a safeguarder they cannot also act as the advocate or the solicitor for the child in the proceedings.

Therefore a safeguarder who is a practising solicitor must instruct another solicitor to act on behalf of the child if they conclude that the child in question requires legal representation in the court proceedings.  The solicitor instructed to act on behalf of the child by the safeguarder will be the nominated solicitor for the purpose of legal aid and the application for legal aid.  Where this occurs then as always, we will consider the application on its own facts and circumstances and apply the relevant statutory criteria.

The safeguarder’s details will be completed in the “Representative Details” section of the online application form.

If we grant legal aid, to the child then the nominated solicitor will be paid for all reasonable and necessary work carried out on behalf of the child.  However, we cannot pay the safeguarder for any work carried out.  Safeguarders are currently paid for their work by Children 1st.

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