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Litigation Letter

Adoption

Since the Adoption Rules 1984 were amended in April it has been possible to join the child as a party in county court adoption proceedings. Nevertheless, regional offices of the Community Legal Service continue to see cases where the children’s guardian has been made a party and public funding is then applied for in the name of the guardian. Where appropriate, the court may join the child who can apply for public funding in his or her own name (although the guardian will make the application for funding on the child’s behalf – rather than in the guardian’s own right). The Funding Code procedures are being amended so that professional guardians can no longer seek public funding for themselves and practitioners should ensure that applications are made in the name of the child.

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