Appointment of Guardian

Family Law

The recent case of A County Court v K and others [2011] concerned local authority proceedings to place a child in foster care.  A guardian was appointed to represent the child.  The view of the guardian was that the child should remain at home.  The Children and Families Court Advisory and Support Service (CAFCASS) subsequently wrote to the court informing them that the recommendation of the guardian might not be sound.  After discussion with CAFCASS the guardian agreed to be de-appointed.  The case was heard by the President of the Family Division due to the policy issues it raised.

The court held that it was the court that appointed the guardian and the court alone that could revoke or change such an appointment.  Binding decisions regarding a child were made by the court.   It had not been for CAFCASS, an advisory service, to replace the guardian.