Children's cases

The Official Solicitor may act for parents who lack mental capacity (within the meaning of the Mental Capacity Act 2005) to represent themselves (or who are under age) and who have become involved in court proceedings concerning their children (with the exception of criminal proceedings).

These include:

· care proceedings
· placement or adoption proceedings
· residence or contact disputes
· declaration of parentage proceedings
· Family Law Act 1996 injunctions

Detailed guidance as to the circumstances in which the Official Solicitor may be appointed to act is set out in a Practice Note dated 2 April 2001.

When considering whether there is a need for Official Solicitor to be invited to act on behalf of a parent, evidence will be required as to the parent's mental capacity. A certificate as to capacity can be completed by a psychiatrist, a GP or a psychologist.

For further information please contact the family litigation team on 020 7911 7132/7084

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