C33

Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F259[35F.—(1) A guardian ad litem appointed for a child may make an application to the court—

(a) subject to subsection (4), to procure a report on any question affecting the welfare of the child where—

(i) there is no report on the question concerned, or

(ii) the information in a report on the question concerned is out of date,

(b) for the provision of information to the guardian ad litem by any person, or

(c) in relation to any other matter relating to his or her functions.

(2) The court may by order—

(a) on an application under subsection (1)(a), direct the Child and Family Agency to procure a report from such person as the court may nominate on any question affecting the welfare of the child,

(b) on an application under subsection (1)(b), direct such person as the court considers appropriate to provide specified information to the guardian ad litem appointed for the child, and

(c) on an application under subsection (1)(c), give such directions as the court considers appropriate.

(3) In deciding whether or not to give a direction under subsection (2)(a), the court shall have regard to the wishes of the parties to the proceedings.

(4) A guardian ad litem appointed for a child shall consult the parties to the proceedings or the counsel or solicitor, if any, representing such parties before making an application under subsection (1)(a).

(5) Where a court gives a direction under subsection (2), a person to whom the direction is made shall, subject to subsection (9), comply with such direction.

(6) A copy of a report prepared pursuant to a direction under subsection (2)(a) shall be made available to the guardian ad litem appointed for the child, the counsel or solicitor, if any, representing each party in the proceedings or, if any party is not so represented, to that party and may be received in evidence in the proceedings.

(7) The court may, where it considers appropriate, order that such part of a report prepared pursuant to a direction under subsection (2)(a) as is specified in the order shall be omitted from a copy made available under subsection (6).

(8) Where a person prepares a report pursuant to a direction under subsection (2)(a)—

(a) the fees and expenses of the person shall be paid by such party to the proceedings as the court shall order, and

(b) the court, the guardian ad litem or any party to the proceedings may call the person as a witness.

(9) Nothing in this section shall operate to require a person to provide a guardian ad litem appointed for a child with any information that the person would be entitled to refuse to provide on the grounds of legal professional privilege.]