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Guidance for Adoption Proceedings and Section 84 ... - Cafcass

Guidance for Adoption Proceedings and Section 84 ... - Cafcass

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3.13 If the child's solicitor, having taken into account the views of the Children's Guardian<strong>and</strong> any direction of the court considers that:3.13.1 The child wishes to give instructions which conflict with those of theChildren's Guardian; <strong>and</strong>3.13.2 S/he has sufficient age <strong>and</strong> underst<strong>and</strong>ing, to give such instructions onher/his own behalf.3.13.3 The solicitor will conduct the proceedings in accordance with instructionsreceived from the child. In these circumstances the Children's Guardianmay apply to the court <strong>for</strong> permission to have legal representation in theproceedings, this would be arranged through CAFCASS Legal 13 .Attendance at Hearings3.14 The Children's Guardian or the solicitor <strong>for</strong> the child must attend all directionshearings unless the court directs otherwise.3.15 The court must notify birth parents <strong>and</strong> guardians of the final hearing date of the<strong>Adoption</strong> Order. Parents <strong>and</strong> guardians are entitled to attend the court <strong>and</strong> be heardon whether the <strong>Adoption</strong> Order should be granted, even if they have not applied <strong>for</strong>leave to oppose 14 , other than when birth parents request not to be notified, or thechild has been freed <strong>for</strong> adoption.3.16 The Children's Guardian <strong>and</strong> child's solicitor should establish during directionshearings what arrangements have been made about the management of the courthearing, such as ascertaining if parents <strong>and</strong> guardians will attend, <strong>and</strong> making surethat everyone is safe at the court <strong>and</strong> their confidentially maintained.3.17 An important aspect of ensuring safety <strong>and</strong> confidentiality <strong>for</strong> the child <strong>and</strong> theProspective adopters is the confidentiality of court reports.3.18 Although any report in adoption proceedings cannot be disclosed, even to otherparties without the permission of the court 15 . The court must consider whether anyin<strong>for</strong>mation should be deleted, <strong>for</strong> example, in<strong>for</strong>mation likely to disclose, the identity<strong>and</strong>/or address of the child or adoptive applicants. The Children's Guardian or CFRshould there<strong>for</strong>e highlight <strong>for</strong> the court any in<strong>for</strong>mation in their report which shouldremain confidential if reports are disclosed, in order to ensure a child is safeguarded<strong>and</strong> his/her welfare prioritised.13 Rule 16.21 FPR 201014 Rule 14.13 FRP 201015 Rule 77<strong>Guidance</strong> <strong>for</strong> <strong>Adoption</strong> <strong>Proceedings</strong> Full implementation by 2011 Page 11 of 14<strong>and</strong> <strong>Section</strong> <strong>84</strong> <strong>Proceedings</strong>

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