The Official Solicitor

Produced in partnership with Thomson Snell & Passmore LLP
Practice notes

The Official Solicitor

Produced in partnership with Thomson Snell & Passmore LLP

Practice notes
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The Official Solicitor (OS) is an Officer of the Supreme Court appointed by the Lord Chancellor. The OS's staff includes a number of experienced Solicitors who specialise in Court of Protection proceedings and whose experience and practical knowledge not only assist the court and the protected party (P) but also any other party to the proceedings. The OS may, for instance, advise the court on an aspect of its powers or procedures or liaise with other parties to clarify issues, make suggestions and assist with achieving a consensus between the parties where possible.

The OS represents minors and those who lack capacity in legal proceedings, but only when there is no other suitable person or agency available to take on this role. The role was established to ensure that the welfare, property or status of P is properly safeguarded. In Court of Protection property and affairs matters, this typically means acting as litigation friend, often in statutory Will or gift applications, or acting as property and affairs deputy of last resort. For further guidance on appointing

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Jurisdiction(s):
United Kingdom
Key definition:
Official Solicitor definition
What does Official Solicitor mean?

The officer of the court who acts for people who, because they lack mental capacity and cannot properly manage their own affairs, are unable to represent themselves and no other suitable person or agency is able and willing to act.

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