New guidance for children's legal advisers

Child representation principles for solicitors will help understanding of rights

News, 4 November 2004

Children are to be given a stronger legal voice thanks to fresh guidelines published by the Law Society of Scotland.

Launched with the backing of Justice Minister Cathy Jamieson, the Child Protection and Representation Principles for Children's Lawyers will give solicitors specific guidance on how to help children better understand their rights and the way the Scottish legal system works.

Inspired by guidance issued to solicitors working with children by the Law Society of New South Wales, Australia, the new principles set out how solicitors should communicate with a child client, their duties of representation to the child and the importance of informing the child about confidentiality, legal privilege and conflict of interest. Treating the child with respect, speaking clearly and using plain English are some of the techniques recommended to solicitors in the guidelines.

Justice Minister Cathy Jamieson said: "Protecting our children and young people, and ensuring that their voices are heard are key Executive priorities. I therefore welcome the publication of these principles by the Law Society of Scotland - principles which are based on existing good practice in other parts of the world.

"The guidance will help those involved in protecting and representing the rights of children to continue to improve the services on offer, including ensuring that all children who need it receive first class advice and representation. It will also ensure children are able to access legal advice in a form they can understand, while providing solicitors with a sound basis for their work with young people."