Law Society broadens practice note on local authority Children Act meetings

The Law Society has issued a practice note for all solicitors attending local authority Children Act meetings.

The practice note is an updated version of guidance originally issued in April 1994 and updated in June 1997 that dealt only with the role of solicitors employed by the local authority called upon to attend child protection conferences.

It says: "This practice note remains relevant to solicitors representing children, parents or other parties involved in child care proceedings but has been broadened to include advice to all solicitors called upon to attend local authority meetings to progress the care planning of children's cases."

The note, which was prepared by the Law Society's children law sub committee in consultation with the Solicitor's Regulation Authority, covers a range of issues.

These include professional conduct rules and in particular the application of Outcome 11.01 ‘You do not take unfair advantage of third parties in either your personal or professional capacity’ and Outcome 11.04 ‘Ensuring that you do not communicate with another party when you are aware that the other party has retained a lawyer in a matter [subject to certain exceptions]’.

The note also covers:

  • Local authority Children Act meetings;
  • The role of lawyers in local authority Children Act meetings ;
  • Where the lawyers are representing the local authority;
  • Where they are representing other parties;
  • Where they are representing the child;
  • Where they are representing the parents or persons with parental responsibility; and
  • Exclusion/withdrawal of parents and/or children.

The Law Society said the practice note did not have the same status as the SRA's Code of Conduct. “Nevertheless, it should be followed unless very good reasons exist for not doing so,” it said.