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

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 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 ³¦³ó¾±±ô»å’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 ³¦³ó¾±±ô»å’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.

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.

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 ³¦³ó¾±±ô»å’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.

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.

You’ll usually stop being a litigation friend when:

• the case ends, unless you’re litigation friend for a child and they’ve 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’re litigation friend for a child

If the case has already been settled and you’re managing a Court Funds Office account on the ³¦³ó¾±±ô»å’s 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’ve turned 18
• you’ve 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’ve 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’ve 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 (‘serve’ it).