LEGAL SERVIES COMISSION ADVISES IT WILL NOT FUND INDEPENDANT SOCIAL WORKERS TO ACT AS GUARDIANS

[Alison J Stevens]

The Legal Services Commission have informed Childrens Panel Solicitors and other Family Barristers, that they will cease to fund independent Social Workers, to act as Guardians in Public Law Cases.
The former was brought out in the new Cafcass Guidelines, which was brought in over six weeks ago, to oversee the backlog of cases that have come into the Family Court arena, due to the increase in Care Proceedings, which have been instigated, due to the Local Authority failings resulting in the death of Baby Peter,and other vulnerable children, these Guidelines will be in operation until March 2010.
The guidelines state that independent Social Workers should be working as Guardians due to the present crisis..
The Legal Services Commission says such funding is not legal under Public funding certificates.,they also state it is Cafcass, that will have to provide childrens Guardians in such cases, which contradicts Cafcass Guidelines, no surprises there.
This new Legislation will not prevent independent Social Workers too act as 2nd opinions or witnesses under section 12 of the criminal Justices,and Court Services 2000 act which is a good thing because PAIN have had Children returned to their parents, on an independent Social Workers report.