28Guardian ad litem for child or young person

28 Guardian ad litem for child or young person

28 Guardian ad litem for child or young person

(1) An application for the appointment of a person to act as guardian ad litem for a child or young person under section 100 (1) of the Children and Young Persons (Care and Protection) Act 1998 may be made at the same time as an application in care proceedings is made in respect of the child or young person or at any time after that.

(2) Such an application may be made by—

(a) the person by whom an application in care proceedings was made, or

(b) the child or young person, or

(c) a person with parental responsibility, or care responsibility, for the child or young person (within the meaning of the Children and Young Persons (Care and Protection) Act 1998), or

(d) a legal practitioner or agent appearing on behalf of the child, or

(e) the proposed guardian ad litem.

(3) Such an application must be supported by an affidavit setting out—

(a) the relationship (if any) between the proposed guardian ad litem and the child or young person, and

(b) the way in which the best interests of the welfare of the child or young person would be promoted by the appointment of the proposed guardian ad litem.

(4) A copy of the order of appointment of a guardian ad litem for a child or young person (whether made by the Court on its own motion or on application made in accordance with this clause) must be served on each party to the proceedings before the next hearing of the proceedings takes place.