OFFICIAL SOLICITOR REFERRAL FORM THIS REFERRAL FORM IS TO

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OS DIGITAL REFERRAL - FAMILYpu - WORKING TEMPLATE

OFFICIAL SOLICITOR REFERRAL FORM



This referral form is to be completed when there is reason to believe that a party or prospective party to public law children proceedings lacks capacity (within the meaning of the Mental Capacity Act 2005) to conduct the proceedings and is therefore a protected party (‘PP’), and the Official Solicitor is to be invited to act as the PP’s litigation friend. It should be completed by the PP’s legal representative or, if none, any other legal professional involved in the proceedings (including the applicant local authority) who is able to provide the information.


1. WHO ARE YOU?


Are you the solicitor or legal representative of the protected party? Yes No


2. COURT DETAILS


Court name and address:


Court reference number:


Type of Proceedings:



3. THE PARTIES AND REPRESENTATIVES


Name of PP:


DoB:


Name of PP’s solicitor, contact address and telephone, email and reference:




Please attach a document which shows the details of all the parties including their legal representatives or complete the below:


Party/Name

Name of solicitor or legal representative

Contact address, telephone number, email and reference

Applicant:



Respondents:



Child(ren) and DOB:



Other (specify):





4. THE OFFICIAL SOLICITOR’S CRITERIA FOR CONSENTING TO ACT AS LITIGATION FRIEND:


The litigation friend checklist for the appointment of a litigation friend (including the Official Solicitor) in family proceedings must be completed.




5. REQUIRED INFORMATION AND DOCUMENTS


Information and documents required by the Official Solicitor to enable her to discharge her duty as litigation friend:



5(a) Information required:


Please provide a background summary explaining the local authority’s concerns, any precipitating incident(s) which led to these proceedings, what major steps have occurred in the proceedings and what the issues are:


If you represent PP, please provide a reading list identifying the material which you consider the Official Solicitor’s case manager should read first by way of introduction to the case and to obtain an overview of the issues from your client’s perspective:









If you represent PP, please provide your advice to the Official Solicitor on any assessments already undertaken within the proceedings - in particular about whether those assessments properly took into account your client’s particular’s needs:



If you represent PP, please provide your advice to the Official Solicitor as your client’s litigation friend on the steps the Official Solicitor should now take in the proceedings on behalf of your client including your advice about whether any further assessment or expert opinion should be obtained:


If you represent PP, please provide a summary of the following:


(a) Your client’s current views and wishes in relation to the proceedings and the matters at issue.


(b) The contact your client is having with the child(ren), how that contact is progressing and your client’s views in relation to contact. If your client is not having contact please provide the reasons.


(c) Whether any potential alternative carers have been identified for the child(ren) in the event that it is established during the proceedings that the child(ren) cannot be cared for by a parent.



What is the date of the next court hearing and the court timetable?







Other relevant information (including but not limited to whether any one or more of the following is a feature of this case):


The client is an intervener not a parent

There is a serious medical treatment issue (child or adult)

There is a dispute about the child(ren)’s name

International element

A fact-finding hearing is proposed

There is a potential Human Rights Act 1998 claim

Concurrent criminal investigation and/or proceedings

Non-accidental injury to the child(ren)

Court of Protection issues

Other


Please give details:



5(b) Documents required on an immediate basis:


5(b)(i) Documents to be sent to the following email box: [email protected] with a copy of this referral form:

Attached?


The court order inviting the Official Solicitor to act as litigation friend

Yes

No

A copy of the letter of instruction to the expert by which an opinion was sought on the PP’s capacity to conduct these proceedings whether in the form of the Official Solicitor’s certificate of capacity to conduct the proceedings or otherwise

Yes

No

The opinion on PP’s capacity to conduct the proceedings

Yes

No

Your attendance note recording your discussion with the client about the capacity evidence

Yes

No

An indexed paginated copy bundle (you should continue to forward to me or to the case manager once the case is allocated any pleadings filed subsequently)

Yes

No

A copy of your client’s legal aid certificate (or otherwise the document showing that there is security for the costs of legal representation)

Yes

No

A copy of all notes of attendance (whether by way of meeting or telephone attendance) on your client so that the Official Solicitor is properly informed as to the views and wishes expressed by your client to date.

Yes

No





End of form












Updated December 2019


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