Litigation friends
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