Working with the Children's Guardian: Social Worker Guide

Who is the Children's Guardian?

A Children's Guardian (sometimes called a Guardian ad Litem) is an independent professional appointed by the court in care proceedings to represent the child's interests. In England, Guardians are employed by Cafcass (Children and Family Court Advisory and Support Service).

The Guardian's role is to provide an independent analysis of what is in the child's best interests and to make recommendations to the court.

The Guardian's Role

Key Responsibilities

• Safeguard the child's interests throughout proceedings
• Appoint and instruct a solicitor for the child
• Investigate the case thoroughly
• Ascertain and convey the child's wishes and feelings
• Advise the court on issues including timetabling
• Provide a written analysis for the court
• Attend all court hearings

Independence

The Guardian is independent of all parties—including the local authority. Their job is to form their own view of what's in the child's best interests, which may or may not agree with the local authority's position.

Working Collaboratively

Early Engagement

• Contact the Guardian soon after they're appointed
• Share relevant documents promptly
• Discuss the case and any concerns
• Be open about your thinking and analysis

Ongoing Communication

• Keep the Guardian updated on developments
• Share new information as it emerges
• Discuss changes to the care plan
• Facilitate their contact with the child

Sharing Information

You must share all relevant information with the Guardian, including:

• Case records
• Assessments
• Reports
• Correspondence
• Information that might not support your position

When Views Differ

Understanding Disagreement

It's not uncommon for the Guardian to have a different view from the local authority. This isn't a failure—it's the system working as intended. Independent scrutiny helps ensure the best outcome for the child.

Managing Differences

• Discuss differences openly and professionally
• Understand the Guardian's reasoning
• Explain your own analysis clearly
• Be willing to reconsider if their arguments are persuasive
• Document discussions

Respecting Different Roles

Remember:

• You bring detailed knowledge of the family from ongoing involvement
• The Guardian brings independent analysis and fresh perspective
• Neither view is automatically correct
• Ultimately, the court decides

Facilitating the Guardian's Work

Access to the Child

The Guardian needs to see the child and form their own relationship. You should:

• Arrange introductions
• Facilitate visits (to placement, school, etc.)
• Allow the Guardian private time with the child
• Share information about how best to communicate with the child

Access to Records

The Guardian has the right to examine and take copies of local authority records. Provide access promptly and fully.

Access to Information

Help the Guardian contact other professionals involved with the family—health, education, police, etc.

The Guardian's Analysis

What It Contains

• Summary of their investigation
• The child's wishes and feelings
• Their analysis of the child's needs
• Analysis of each option
• Recommendation to the court

Responding to the Analysis

You should:

• Read the analysis carefully
• Consider whether you agree with the analysis
• If you disagree, discuss with the Guardian
• If disagreement remains, address it in your evidence
• Be prepared to explain your position in court

Common Issues

Late Appointment

Sometimes Guardians are appointed late due to Cafcass capacity issues. This can cause difficulties but shouldn't prevent good collaboration once they're appointed.

Conflicting Recommendations

If the Guardian recommends something different from the local authority's plan:

• Don't take it personally
• Try to understand their reasoning
• Present your position clearly
• Let the court decide

Criticism of Practice

Guardians may be critical of local authority practice. If this happens:

• Consider the criticism honestly
• Acknowledge any valid points
• Explain the context if relevant
• Don't become defensive

The Guardian's Solicitor

The Guardian appoints a solicitor for the child. In most cases, the solicitor takes instructions from the Guardian. However, in some circumstances (usually with older children), the solicitor may take direct instructions from the child if their views differ from what the Guardian believes is in their best interests.

After Proceedings

The Guardian's role typically ends when proceedings conclude. However:

• They may make recommendations for ongoing work
• Their analysis can inform future planning
• Contact them if there are queries about their involvement

Conclusion

The Children's Guardian provides essential independent oversight in care proceedings. Working well with the Guardian—sharing information openly, respecting their independence, and engaging constructively when views differ—helps ensure the best possible outcome for the child. The relationship should be one of professional collaboration, with both parties focused on the child's welfare.