[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"doc-detail-166498-en":3,"doc-seo-166498-105":30,"detail-sidebar-cat-1-en-105":90},{"code":4,"msg":5,"data":6},0,"success",{"doc_id":7,"user_id":8,"nickname":9,"user_avatar":10,"doc_module":11,"category_id":12,"category_name":13,"doc_title":14,"doc_description":15,"doc_content":16,"file_id":17,"file_url":18,"file_type":19,"file_size":20,"view_count":4,"is_deleted":4,"is_public":11,"is_downloadable":11,"audit_status":11,"page_count":21,"language":22,"language_code":23,"site_id":24,"html_lang":23,"table_of_contents":25,"faqs":26,"seo_title":27,"seo_description":15,"update_tm":28,"read_time":29},166498,1099523882182,"Alex Sinclair","https://ap-avatar.wpscdn.com/davatar_6f874abed73319feea01a86fa6f0fab8",1,158,"General","FJC assessment of competence of children guidance final","Guidance outlines how solicitors should assess whether a child has sufficient understanding and is competent to conduct proceedings and instruct a solicitor. It emphasizes consistency while recognizing each child’s uniqueness and case-specific facts. The document explains differences between Mental Capacity Act 2005 capacity assessments and Family Court competence, clarifies the guardian’s role in public and private law proceedings, and sets out key decision points under Family Procedure Rules, including when a guardian or litigation friend is not required.","GUIDANCE ON ASSESSING CHILDS COMPETENCE TO INSTRUCT A SOLICITOR\nThe aim of this guidance is to provide some consistency of approach while recognising that each child is unique and each case fact specific.\nAn assessment of whether a child, is competent or has sufficient understanding to conduct proceedings has to be undertaken by the solicitor before taking instructions from the child and the conclusion of that assessment will have significant consequences for how an application to the court is managed.\nThe guidance is not intended as a blue print for how a solicitor should take instructions once the decision that the child is competent is made: the Law Society has guidance on this and the Association of Lawyers for Children has run a number of training sessions on this subject for its membership.\nINTRODUCTION\nIn family proceedings when a child is a party and a children’s guardian has been appointed by the court the guardians first role is to instruct a solicitor to act for the child. In some circumstance the solicitor may conclude that the child is of sufficient understanding to instruct their solicitor directly and the child and guardian “separate”. In some circumstances the child may approach the solicitor directly.\nIn specified proceedings, including care and placement applications, the guardian will remain appointed but take such part in the proceedings as the court directs and may ask permission from the court to be represented separately from the child (although this is subject to approval from Cafcass).\nIn private law proceedings, when the child directly instructs their solicitor the children’s guardian does not continue in that role but can be asked to provide reports to the court on the welfare of the child under section 7 of the Children Act 1989. The role of the children’s guardian in private law proceedings: to conduct the proceedings on behalf of the child, no longer applies.\nDEFINITIONS\nIt is important to distinguish between a capacity assessment under the Mental Capacity Act 2005 (MCA) which requires a determination of whether someone over the age of 16 years suffers from a mental disorder such that they lack capacity to make decisions and the assessment of whether a child who for the purpose of the family proceedings under the age of 18 years, is competent to directly instruct their solicitor without a guardian. A decision under the MCA is entirely separate from a decision about competence in the Family Court and care should be taken in ensuring they are not confused. It is also important to remember that capacity is issue specific and an assessment of capacity in one area will not necessarily extend to all others. There may be evidence from medical experts about the capacity of a young person to consent to medical treatment which will not necessarily mean that the child has or does not have sufficient maturity and understanding to instruct a lawyer.\nThe terms capacity and competence are frequently used interchangeably by practitioners, for the reasons stated above that is incorrect.\nINSTRUCTIONS\nThe appointment of a solicitor to represent a child in family proceedings will arise either\nWhen a child approaches a solicitor directly for advice and representation which may be with their parent, another adult or on their own\nor\nOnce the court makes a decision to appoint a guardian, either in response to an application which is defined in section 41 of the Children Act 1989 as specified proceedings (including care or placement applications ) or when joining the child under Rule 16.2 Family Procedure Rules 2010 (FPR), one of the duties of the children’s guardian, whether in public or private law proceedings, is to appoint a solicitor to represent the child in the proceedings ( PD 16A FPR)\nIn the first scenario, and on occasion in the second, the solicitor has to undertake an assessment and reach a conclusion about whether the child is capable of providing instructions without a guardian and it is important that they ","cbCainudkiLPiMRk","https://ap.wps.com/l/cbCainudkiLPiMRk","docx",82027,6,"English","en",105,"# Introduction\n# Definitions\n# Instructions\n## Assessment and evidence requirements\n## When a guardian or litigation friend is required","[{\"question\":\"Why must a solicitor assess a child’s competence before taking instructions?\",\"answer\":\"A solicitor must determine whether the child has sufficient understanding to conduct proceedings, because the conclusion affects how the court application is managed.\"},{\"question\":\"How does competence in Family Court differ from capacity under the Mental Capacity Act 2005?\",\"answer\":\"A MCA decision concerns whether someone over 16 lacks capacity due to a mental disorder, while Family Court competence concerns a child’s ability to instruct a solicitor without a guardian; these must not be confused.\"},{\"question\":\"When can a child avoid having a children’s guardian or litigation friend?\",\"answer\":\"Rule 16.6(1) limits this to specified types of proceedings and requires satisfaction of conditions in Rule 16.6(3), including court permission or the solicitor accepting that the child can give instructions based on their understanding.\"}]","FJC assessment of competence of children guidance final | DOCX",1788194023,2,{"code":4,"msg":31,"data":32},"ok",{"site_id":24,"language":23,"slug":33,"title":14,"keywords":34,"description":15,"schema_data":35,"social_meta":85,"head_meta":87,"extra_data":89,"updated_unix":28},"fjc-assessment-of-competence-of-children-guidance-final","",{"@graph":36,"@context":84},[37,53,67],{"@type":38,"itemListElement":39},"BreadcrumbList",[40,44,47,50],{"item":41,"name":42,"@type":43,"position":11},"https://docshare.wps.com","Home","ListItem",{"item":45,"name":46,"@type":43,"position":29},"https://docshare.wps.com/template/","Template",{"item":48,"name":13,"@type":43,"position":49},"https://docshare.wps.com/template/general/",3,{"item":51,"name":14,"@type":43,"position":52},"https://docshare.wps.com/template/fjc-assessment-of-competence-of-children-guidance-final/166498/",4,{"url":51,"name":14,"@type":54,"author":55,"headline":14,"publisher":57,"fileFormat":60,"inLanguage":23,"description":15,"dateModified":61,"datePublished":61,"encodingFormat":60,"isAccessibleForFree":62,"interactionStatistic":63},"DigitalDocument",{"name":9,"@type":56},"Person",{"url":41,"name":58,"@type":59},"DocShare","Organization","application/vnd.openxmlformats-officedocument.wordprocessingml.document","2026-08-31",true,{"@type":64,"interactionType":65,"userInteractionCount":4},"InteractionCounter",{"@type":66},"ViewAction",{"@type":68,"mainEntity":69},"FAQPage",[70,76,80],{"name":71,"@type":72,"acceptedAnswer":73},"Why must a solicitor assess a child’s competence before taking instructions?","Question",{"text":74,"@type":75},"A solicitor must determine whether the child has sufficient understanding to conduct proceedings, because the conclusion affects how the court application is managed.","Answer",{"name":77,"@type":72,"acceptedAnswer":78},"How does competence in Family Court differ from capacity under the Mental Capacity Act 2005?",{"text":79,"@type":75},"A MCA decision concerns whether someone over 16 lacks capacity due to a mental disorder, while Family Court competence concerns a child’s ability to instruct a solicitor without a guardian; these must not be confused.",{"name":81,"@type":72,"acceptedAnswer":82},"When can a child avoid having a children’s guardian or litigation friend?",{"text":83,"@type":75},"Rule 16.6(1) limits this to specified types of proceedings and requires satisfaction of conditions in Rule 16.6(3), including court permission or the solicitor accepting that the child can give instructions based on their understanding.","https://schema.org",{"og:url":51,"og:type":86,"og:title":14,"og:site_name":58,"og:description":15},"article",{"robots":88,"canonical":51},"index,follow",{"doc_id":7,"site_id":24},{"code":4,"msg":5,"data":91},[92,97,102,107,112,117,122,127,132],{"id":93,"doc_module":11,"doc_module_name":46,"category_name":94,"show_sort_weight":95,"slug":96},11,"Presentations",90,"presentations",{"id":98,"doc_module":11,"doc_module_name":46,"category_name":99,"show_sort_weight":100,"slug":101},12,"Resumes",80,"resumes",{"id":103,"doc_module":11,"doc_module_name":46,"category_name":104,"show_sort_weight":105,"slug":106},14,"Invoices",70,"invoices",{"id":108,"doc_module":11,"doc_module_name":46,"category_name":109,"show_sort_weight":110,"slug":111},15,"Posters",60,"posters",{"id":113,"doc_module":11,"doc_module_name":46,"category_name":114,"show_sort_weight":115,"slug":116},16,"Social Media",50,"social-media",{"id":118,"doc_module":11,"doc_module_name":46,"category_name":119,"show_sort_weight":120,"slug":121},17,"Forms",40,"forms",{"id":123,"doc_module":11,"doc_module_name":46,"category_name":124,"show_sort_weight":125,"slug":126},18,"Letters",30,"letters",{"id":128,"doc_module":11,"doc_module_name":46,"category_name":129,"show_sort_weight":130,"slug":131},21,"Paper Templates",5,"papers-templates",{"id":12,"doc_module":11,"doc_module_name":46,"category_name":13,"show_sort_weight":4,"slug":133},"general-158"]