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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鈥檒l have to go to court if there鈥檚 a hearing, but you cannot act as the other person鈥檚 lawyer.

How you鈥檙e appointed

You can either:

• apply to be someone鈥檚 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鈥檙e suitable. It can appoint you as soon as the case has started or at any time during the case.

When there鈥檚 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鈥檙e 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 must 鈥榙irect the proceedings鈥� on behalf of the other person if you鈥檙e their litigation friend. This means you鈥檒l:

• make decisions in their best interests
• do everything you can to tell them what鈥檚 happening in the case and find out their wishes and feelings
• talk to their solicitor about what鈥檚 happening, get advice from them and give instructions to them in the other person鈥檚 best interests
• pay any costs ordered by the court

Civil cases: settlement hearings

If the person鈥檚 going to be paid money to settle the case, there鈥檒l be a hearing to approve the settlement.

You鈥檒l need to fill in and bring:

• form CFO 320 if they鈥檙e a child - also bring the 肠丑颈濒诲鈥檚 original birth certificate or a certified copy
• form CFO 320 PB if they鈥檙e 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鈥檙e the litigation friend of someone awarded money that鈥檚 going into a CFO account.

You鈥檒l need to remain the contact for a 肠丑颈濒诲鈥檚 CFO account until they turn 18 or the court directs that the money is paid out. If you cannot carry out this role, you鈥檒l need to be replaced as a litigation friend.

If you鈥檙e the deputy of an adult awarded more than 拢50,000 into a CFO account, you鈥檒l 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鈥檝e 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.

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鈥檙e 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鈥檙e applying be someone鈥檚 litigation friend.

If there鈥檚 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鈥檚 money available to pay the Official Solicitor鈥檚 costs, for example legal aid
• the person鈥檚 doctor or another medical professional, for example their psychiatrist, confirms they lack capacity to manage the case (unless they鈥檙e a child)

The court will appoint the Official Solicitor - if he agrees - at the relevant time.

Contact the relevant section of the Official Solicitor鈥檚 office if you have a query about his involvement in a case.

You can apply to be someone鈥檚 litigation friend by either:

• providing a copy of the court order that appointed you as the person鈥檚 deputy if it gives you permission to act as their litigation friend
• filling in a certificate of suitability if you鈥檙e not the person鈥檚 deputy

You must send (鈥榝ile鈥�) your court order or certificate of suitability with the court before you can act on the person鈥檚 behalf.

The person鈥檚 solicitor usually does this, but you can do it yourself if there鈥檚 no solicitor yet. Contact the court to find out where to deliver your documents. You鈥檒l then have to find a solicitor to act for the other person.

Deputies: civil cases

If you鈥檙e the deputy of the claimant (the person bringing the case to court) and your deputy鈥檚 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 (鈥榮erve鈥�) a completed copy of the relevant form to the:

• parent, guardian or carer, if you鈥檙e applying to be a 肠丑颈濒诲鈥檚 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 鈥榩rotected party鈥�, you want to be litigation friend for

If you鈥檙e 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鈥檝e 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鈥檙e 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鈥檙e applying to be litigation friend for the person making the claim in a civil case, your forms must be delivered with the claim form.

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鈥檒l 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 (鈥榮erve鈥�) a completed copy of the relevant form to the:

• parent, guardian or carer if you鈥檙e 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鈥檙e applying to get a litigation friend appointed for an adult
• the adult you鈥檙e applying to get a litigation friend appointed for

Certificate of service

When you鈥檝e 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鈥檙e 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.

You鈥檒l usually stop being a litigation friend when:

• the case ends, unless you鈥檙e litigation friend for a child and they鈥檝e been given a settlement
• the child turns 18
• the adult who did not have mental capacity recovers or gets mental capacity
• you or someone else applies to the court for a replacement litigation friend

If you鈥檙e litigation friend for a child

If the case has already been settled and you鈥檙e managing a Court Funds Office account on the 肠丑颈濒诲鈥檚 behalf, the Court Funds Office will write to them and explain how they can get their money.

When a child turns 18 during the court case, they must write a statement telling the court and everyone involved in the case:

• they鈥檝e turned 18
• you鈥檝e stopped being their litigation friend
• they are or are not going to carry on with the legal case
• their address so documents can be sent to them

They must file the statement with the court and give a copy to everyone involved in the case.

When the adult recovers or gets mental capacity

You, as the litigation friend of someone who recovers mental capacity, or the person themselves can apply to the court for an order to stop you acting as litigation friend.

You or they must include:

• medical evidence that they鈥檝e recovered capacity
• any Court of Protection orders or declarations

Then they must write a statement telling the court and anyone involved in the case:

• you鈥檝e stopped being their litigation friend
• they are or are not going to carry on with the legal case
• their address so documents can be sent to them

They must file the statement with the court and give a copy to everyone involved in the case (鈥榮erve鈥� it).