You can be appointed as litigation friend to make decisions about a court case for either: an adult who lacks the mental capacity to manage their own court case either with or without a solicitor a child The court case can be any of the following: a civil case, except a tribunal a family case a Court of Protection case You’ll have to go to court if there’s a hearing, but you cannot act as the other person’s lawyer. An adult with a litigation friend is called the ‘protected party’ in court. How you’re appointed You can either: apply to be someone’s litigation friend be appointed by the court if someone involved in a case asks them to appoint a litigation friend for one of the other people involved The court will check if you’re suitable . It can appoint you as soon as the case has started or at any time during the case. When there’s no one suitable, willing and able to be a litigation friend, the court may ask the Official Solicitor to step in. When your appointment ends If you’re the litigation friend for a child who turns 18 or an adult who recovers capacity during the case, you may need to apply to stop being a litigation friend . You may be replaced by the court if you do not carry out your duties properly.

You must ‘direct the proceedings’ on behalf of the other person if you’re their litigation friend. This means you’ll: make decisions in their best interests do everything you can to tell them what’s happening in the case and find out their wishes and feelings talk to their solicitor about what’s happening, get advice from them and give instructions to them in the other person’s best interests pay any costs ordered by the court Civil cases: settlement hearings If the person’s going to be paid money to settle the case, there’ll be a hearing to approve the settlement. You’ll need to fill in and bring: form CFO 320 if they’re a child - also bring the child’s original birth certificate or a certified copy form CFO 320 PB if they’re an adult and the money is going in to a Court Funds Office ( CFO ) account Read guidance on CFO accounts and investments for help with the forms. After the court case Your role usually ends after the court case, unless you’re the litigation friend of someone awarded money that’s going into a CFO account. You’ll need to remain the contact for a child’s CFO account until they turn 18 or the court directs that the money is paid out. If you cannot carry out this role, you’ll need to be replaced as a litigation friend . If you’re the deputy of an adult awarded more than £50,000 into a CFO account, you’ll need to manage the account for them. The Court of Protection may agree that a deputy is not needed. Civil cases: expenses You can apply to the court to be paid back any expenses you’ve had while acting as litigation friend. This can include the premium for a court costs insurance policy or the interest on a loan taken out to pay for a costs insurance policy. Write to the judge in charge of your case giving details of what you spent and when. Include your receipts. The court will check whether your expenses are reasonable.

Who can be a litigation friend

The court can appoint anyone to be a litigation friend, for example: a parent or guardian a family member or friend a solicitor a professional advocate, such as an Independent Mental Capacity Advocate (IMCA) a Court of Protection deputy someone who has a lasting or enduring power of attorney Suitability The court will check you’re suitable by making sure: your interests do not conflict with theirs you can make decisions about the case in a fair and competent way You must fill in a certificate of suitability if you’re applying be someone’s litigation friend. If there’s no one suitable to be litigation friend The Official Solicitor will act as a litigation friend if: nobody else is suitable and willing to be litigation friend there’s money available to pay the Official Solicitor’s costs, for example legal aid the person’s doctor or another medical professional, for example their psychiatrist, confirms they lack capacity to manage the case (unless they’re a child) The court will appoint the Official Solicitor - if he agrees - at the relevant time. Contact the relevant section of the Official Solicitor’s office if you have a query about his involvement in a case. The Official Solicitor Telephone: 020 3681 2750 (civil cases) Telephone: 020 3681 2754 (family cases - private law) Telephone: 020 3681 2755 (family cases - public law) Telephone: 020 3681 2751 (Court of Protection cases) Monday to Friday, 9am to 5pm Find out about call charges Post Point 0.53 102 Petty France London SW1H 9AJ

Apply to be a litigation friend

You can apply to be someone’s litigation friend by either: providing a copy of the court order that appointed you as the person’s deputy if it gives you permission to act as their litigation friend filling in a certificate of suitability if you’re not the person’s deputy You must send (‘file’) your court order or certificate of suitability with the court before you can act on the person’s behalf. The person’s solicitor usually does this, but you can do it yourself if there’s no solicitor yet. Contact the court to find out where to deliver your documents. You’ll then have to find a solicitor to act for the other person. Deputies: civil cases If you’re the deputy of the claimant (the person bringing the case to court) and your deputy’s court order gives you permission to be litigation friend, you must file your court order together with the claim form that starts the court case. Certificate of suitability Download and fill in the relevant form to apply in the: civil courts family courts Court of Protection Deliver in person (‘serve’) a completed copy of the relevant form to the: parent, guardian or carer, if you’re applying to be a child’s litigation friend deputy , attorney with a lasting power of attorney or enduring power of attorney , or carer of the adult you want to be litigation friend for the adult, known as the ‘protected party’, you want to be litigation friend for If you’re applying to act for an adult, explain on the certificate of suitability form why you think they need someone to make decisions about the case on their behalf. Certificate of service When you’ve served the certificate of suitability, download and fill in the relevant certificate of service for a: civil case family case Court of Protection case depending on whether you’re serving the other person or someone else What to do with the forms Deliver or send the certificate of suitability and certificate of service to the court at the same time. If you’re applying to be litigation friend for the person making the claim in a civil case, your forms must be delivered with the claim form.

Ask the court to appoint a litigation friend

You or anyone involved can apply to the court to get a litigation friend appointed at any time during the case. How to apply Download and fill in the relevant form to apply in the: civil courts family courts Court of Protection You’ll need to provide evidence that the person you want the court to appoint: agrees to be the litigation friend is suitable and willing is able to carry out the duties Deliver in person (‘serve’) a completed copy of the relevant form to the: parent, guardian or carer if you’re applying to get a litigation friend appointed for a child deputy , attorney with a lasting power of attorney or enduring power of attorney , or carer if you’re applying to get a litigation friend appointed for an adult the adult you’re applying to get a litigation friend appointed for Certificate of service When you’ve served the certificate of suitability, download and fill in the relevant certificate of service for a: civil case family case Court of Protection case depending on whether you’re serving the other person or someone else Deliver or send the certificate of suitability and certificate of service to the court at the same time.

Litigation friends

Overview

You can be appointed as litigation friend to make decisions about a court case for either:

an adult who lacks the mental capacity to manage their own court case either with or without a solicitor
a child

The court case can be any of the following:

a civil case, except a tribunal
a family case
a Court of Protection case

You’ll have to go to court if there’s a hearing, but you cannot act as the other person’s lawyer.

An adult with a litigation friend is called the ‘protected party’ in court.

How you’re appointed

You can either:

apply to be someone’s litigation friend
be appointed by the court if someone involved in a case asks them to appoint a litigation friend for one of the other people involved

The court will check if you’re suitable. It can appoint you as soon as the case has started or at any time during the case.

When there’s no one suitable, willing and able to be a litigation friend, the court may ask the Official Solicitor to step in.

When your appointment ends

If you’re the litigation friend for a child who turns 18 or an adult who recovers capacity during the case, you may need to apply to stop being a litigation friend.

You may be replaced by the court if you do not carry out your duties properly.

View a printable version of the whole guide

Litigation friends

Overview

How you’re appointed

When your appointment ends

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Litigation friends

Overview

How you’re appointed

When your appointment ends

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