When considering the granting of legal aid for a solicitor to be appointed to represent a child’s guardian ad litem in proceedings under section 34, the Board had failed to acknowledge the requirement under the Rules placed upon a guardian to be represented. There was no choice about the appointment. The power to reject an application could only be exercised where it was considered unreasonable to grant legal aid. The failure to consider the obligation was a fundamental flaw in the decision, which was vitiated.
Citations:
Times 19-Sep-2000, Gazette 05-Oct-2000
Statutes:
Children Act 1989 34, Family Proceedings Rules 1991 (1991/1247) 4.11 4.12, Legal Aid Act 1974
Jurisdiction:
England and Wales
Children, Legal Aid
Updated: 11 May 2022; Ref: scu.85363
