Accredited Children Solicitors from the Law Society

mark davis made this Rhyddid Gwybodaeth request to Ministry of Justice

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Ministry of Justice Nid oedd gan y wybodaeth y gofynnwyd amdani.

Dear Ministry of Justice,

1) Please supply me with the number of Accredited Children Solicitors from the Law Society,that Cafcass have used or recommend the court use as Rule 16.4 Guardian for the child rather than appoint an independent Social Worker? in the Midlands region or the whole of the UK if possible?

2) Would this role be Ultra Vires due to the conflict of interest as in affect the Solicitor who then acts as Child Guardian and is not a qualified Social Worker but is an Officer of the Court as being a Solicitor and would owe duties to the Court and follow different ethics than a Social Worker and Codes of Conduct and unlike an independent Social Worker being independent of the Court , and by appointing a Solicitor and cutting out both separate roles as set out in the Family Procedure Rules 2010 and in the Family Justice review 2011, where it clearly states that both Guardian and Solicitor for the Child, play an important role for the Child and in affect the Solicitor has no one to take instruction from?

2A) If Cafcass are no longer involved in the case? who would provide the rule 16.4 Guardian with instructions? other than from him or her self? being the appointed rule 16.4 Guardian, which is creating a conflict of interest and the child is not getting the correct help as set out in law. This can then lead to injustice going on in the Family Court if the Guardian/ Solicitor is not following any Ethics or Code of Conduct and could been seen as being dishonest in there work.

3) Why is Cafcass and the Court adopting this policy?

4) It is noted on Kerrigan Family Law website, who are from the midlands on there website that Mr Kerrigan of Kerrigan Family Law is appointed locally by the Court in Birmingham for this role as a 16.4 Guardian which would be Under District Judge Gailey, who under takes 75% of the Family Law work now at the Court, under what part of the Children Act 1989 is this lawful? or in the Family Procedure Rules and Practice Directions 2010 Does it state this is lawful? Please provide this so we can see if this in fact a lawful act being undertaking by the Court or Cafcass?

5) How many times has Kerrigain Family Law been used by The Court in Birmingham in 2011 and 2012 and 2013 and 2014 and 2015 and 2016 as this role as a 16.4 Guardian? and for other work as directed by Cafcass? or the Court under Cafcass recommendation?

6)How many times have Court used Mr Mark Evans? in this role and Mr Grant Bird? in this role who are from the Midlands and are Solicitors not Social Workers? for the same above years?

7)Are the court going to continue with appointing Solicitors as rule 16.4 Guardians for a Child under 8 years old for example who would be vulnerable, Or any age?

8)We feel the Public need to be made aware that this issue is an issue of Public Interest given the power the Guardian holds in the Court and it is clear that in Mr Kerrigain case he makes recommendation's to the Court in the absence of the Child Guardian which is not lawful. and is misleading the Court as Prima Facie Evidence at hand does show us, which is not acting the Child best interests as set out in the children act and the child welfare is paramount.

9) Will Court add this to there website and so members of the public are aware as we are aware the law society has currently now information showing which was last updated in 2009 and is currently removed. so the public are not being mislead if they are not legally aware of the law on rule 16.4 Guardians who are not Solicitors but Independent Social Workers who are not governed by the Health Care Professional Council but by the Solicitors Regulation Authority .

Yours faithfully,

Mark Davis

Information Governance (LAA),

Dear Mark Davis,

 

Thank you for your email of 27 July 2016. Your request is being handled
under the Freedom of Information Act 2000 (FOIA).

 

Under the Act, the department is required to provide you with a response
within 20 working days. We will write to you in response to your request
for information by 24 August 2016.

 

If you have any queries regarding this request please do not hesitate to
contact us quoting reference number 106764 in all future correspondence.

 

 

Regards

 

Governance Team | Legal Aid Agency

8.39, 8th Floor, 102 Petty France | London | SW1H 9AJ

 

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1 Atodiad

Dear Mr Davis,

 

Thank you for your request

 

Please find attached a response

 

Kind regards

 

Data Access and Compliance Unit

 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.