In child protection matters, all children must be represented by a lawyer unless they are old enough to make an informed decision that they do not wish to be represented [Children's Protection Act 1993 s 48] The child's views must be sought and seriously considered and every child must be given an opportunity of speaking personally to the court [Children's Protection Act 1993 s 4(3)]. As this is done in open court, in front of all parties, it is likely to be daunting to most children. Normally the child's separate representative will ask them whether they want to talk to the court.

The role of the child's representative is to clearly state the child's views and wishes, and also to put forward the child's representative's own view of the child's best interests. Sometimes these will conflict. The responsibility of the child's representative is to put both of the above to the court to enable it to fully consider all the issues. If the child is incapable of properly instructing the legal representative, then that legal representative must act, and make representations to the court, according to his or her own view of the best interests of the child.