Official Solicitor
Encyclopedia
The Office of the Official Solicitor is a part of the Ministry of Justice
of the Government of the United Kingdom
. The Official Solicitor 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. The Official Solicitor acts for England & Wales only, as Scotland
and Northern Ireland
have separate legal systems and judiciaries.
Historically, states have recognised the need for representation of an incapacitated person when a benevolent relative or friend cannot be found to act on his behalf, this is the function of the Office of the Official Solicitor. The Official Solicitor becomes formally involved when appointed by the Court, and he can act as his own solicitor, or instruct a private firm of solicitors to represent him. The Official Solicitor has two main functions. Firstly, in England and Wales, his main function is to represent minors who are incapable of representing themselves in the High Court and in the Court of Protection
. He also acts as last resort personal representative for the estate of a deceased person, or trustee of a trust. Secondly, in the area of international child protection obligations to which the UK government is a signatory, the Official Solicitor deals with cases brought under the Hague Convention on the Civil Aspects of International Child Abduction
through the International Child Abduction and Contact Unit (ICACU). In this capacity it deals with international child abduction and contact issues and handles maintenance enforcement in cases where one parent lives outside the UK through the Reciprocal Enforcement of Maintenance Orders Unit (REMO).
, which is mentioned in Samuel Pepys
’ Diary, assisted destitute litigants, lunatics and infants in Chancery
suits and this form of support continued until the modern system of legal funding came into effect. In 1842, the Office of the Six Clerks was abolished by the Court of Chancery Act and John Johnson was appointed Solicitor to the Suitors’ Fund by the Lord Chancellor
to represent ‘paupers, infants and lunatics’ where there was no ‘natural protector’. By an order dated 4 December 1871, Lord Chancellor Hatherley appointed Henry Pemberton to be the Official Solicitor to the High Court of Chancery in England and directed him to perform the duties formerly carried out by the Solicitor to the Suitors' Fund, although by 1875 the original duties of the office of Solicitor to the Suitors' Fund had largely disappeared. The present office was created by an Order of the Lord Chancellor made on the 6 November 1875 with the approval of the Presidents of the newly constituted divisions of the High Court and of the Treasury, under the power given to him by Section 84 of the Supreme Court of Judicature Act 1873 to appoint officers to serve the Supreme Court generally. Lord Chancellor Cairns by an order dated 7 February 1876 then appointed Henry Pemberton to be The Official Solicitor to the Supreme Court of Judicature. The present Office of the Official Solicitor to the Supreme Court of Judicature
was created by an Order of the Lord Chancellor made on the 6 November 1875 with the approval of the Presidents of the newly constituted divisions of the High Court and of the Treasury.
Episodes in which the Official Solicitor has intervened have generally arisen when there has been a legal stalemate. In 1921 the Official Solicitor intervened to arrange the release from prison of a female Labour councillor from Poplar who had been imprisoned along with most of the members of Poplar Borough Council
, for having refused to raise the rates
, arguing that the poor inhabitants of Poplar could not afford to pay any more. In 1972 the Official Solicitor, Norman Turner, broke a legal stalemate between the Trades Union Congress
and the government known as the Pentonville Five
case, in which five shop stewards from the dockers' union were imprisoned on a charge of contempt. The Official Solicitor was also called upon by the Secretary of State
for the Department of Trade and Industry to deal with the issue of pirate radio
broadcasting by Radio Caroline
.
The present legal basis of the Office of the Official Solicitor dates from 1981 when, under s.90 of the Supreme Court Act 1981, that the Official Solicitor became a statutory officer of the then-Supreme Court of England and Wales appointed by the Lord Chancellor under the name of Official Solicitor to the Supreme Court. The offices of the Official Solicitor to the Supreme Court and the Public Trustee
are now housed in one office building, but they continue to have separate functions. On 1 April 2007 the Official Solicitor and Public Trustee merged with the Court Funds Office
to become the Offices of Court Funds, Official Solicitor and Public Trustee. This new organisation was an associated office of the Ministry of Justice. They were split up again on 1 April 2009. The new Supreme Court of the United Kingdom
was established under the Constitutional Reform Act 2005
and came into effect in October 2009, separating the judicial and law-making functions of the House of Lords
for the first time. In October 2009, the 12 Law Lords who hear appeals in Parliament became the first Justices of the Supreme Court. At the same time, the Supreme Court of England and Wales is renamed the Senior Courts of England and Wales, and the Official Solicitor to the Supreme Court became the Official Solicitor to the Senior Courts.
and the European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children.
Ministry of Justice (United Kingdom)
The Ministry of Justice is a ministerial department of the UK Government headed by the Secretary of State for Justice and Lord Chancellor, who is responsible for improvements to the justice system so that it better serves the public...
of the Government of the United Kingdom
Government of the United Kingdom
Her Majesty's Government is the central government of the United Kingdom of Great Britain and Northern Ireland. The Government is led by the Prime Minister, who selects all the remaining Ministers...
. The Official Solicitor 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. The Official Solicitor acts for England & Wales only, as Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
have separate legal systems and judiciaries.
Historically, states have recognised the need for representation of an incapacitated person when a benevolent relative or friend cannot be found to act on his behalf, this is the function of the Office of the Official Solicitor. The Official Solicitor becomes formally involved when appointed by the Court, and he can act as his own solicitor, or instruct a private firm of solicitors to represent him. The Official Solicitor has two main functions. Firstly, in England and Wales, his main function is to represent minors who are incapable of representing themselves in the High Court and in the Court of Protection
Court of Protection
The Court of Protection in English law is a superior court of record created under the Mental Capacity Act 2005. It has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves...
. He also acts as last resort personal representative for the estate of a deceased person, or trustee of a trust. Secondly, in the area of international child protection obligations to which the UK government is a signatory, the Official Solicitor deals with cases brought under the Hague Convention on the Civil Aspects of International Child Abduction
Hague Convention on the Civil Aspects of International Child Abduction
The Hague Convention on the Civil Aspects of International Child Abduction, or Hague Abduction Convention is a multilateral treaty developed by the Hague Conference on Private International Law that provides an expeditious method to return a child internationally abducted from one member nation to...
through the International Child Abduction and Contact Unit (ICACU). In this capacity it deals with international child abduction and contact issues and handles maintenance enforcement in cases where one parent lives outside the UK through the Reciprocal Enforcement of Maintenance Orders Unit (REMO).
Background and history
The development of the functions of the Official Solicitor can be traced back to the 18th century when the Office of the Six ClerksSix Clerks
The Six Clerks’ Office was a public legal office that served the equitable jurisdiction of the English Court of Chancery until the middle of the nineteenth century.-The Office:The Office was situated in Chancery Lane, London, near the Holborn end...
, which is mentioned in Samuel Pepys
Samuel Pepys
Samuel Pepys FRS, MP, JP, was an English naval administrator and Member of Parliament who is now most famous for the diary he kept for a decade while still a relatively young man...
’ Diary, assisted destitute litigants, lunatics and infants in Chancery
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...
suits and this form of support continued until the modern system of legal funding came into effect. In 1842, the Office of the Six Clerks was abolished by the Court of Chancery Act and John Johnson was appointed Solicitor to the Suitors’ Fund by the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
to represent ‘paupers, infants and lunatics’ where there was no ‘natural protector’. By an order dated 4 December 1871, Lord Chancellor Hatherley appointed Henry Pemberton to be the Official Solicitor to the High Court of Chancery in England and directed him to perform the duties formerly carried out by the Solicitor to the Suitors' Fund, although by 1875 the original duties of the office of Solicitor to the Suitors' Fund had largely disappeared. The present office was created by an Order of the Lord Chancellor made on the 6 November 1875 with the approval of the Presidents of the newly constituted divisions of the High Court and of the Treasury, under the power given to him by Section 84 of the Supreme Court of Judicature Act 1873 to appoint officers to serve the Supreme Court generally. Lord Chancellor Cairns by an order dated 7 February 1876 then appointed Henry Pemberton to be The Official Solicitor to the Supreme Court of Judicature. The present Office of the Official Solicitor to the Supreme Court of Judicature
Supreme Court of Judicature
Supreme Court of Judicature may refer to:* Supreme Court of Judicature . Supreme Court of Barbados* Supreme Court of Judicature , Supreme Court of Guyana* Supreme Court of Judicature , the supreme court in Ireland from 1877 to 1920...
was created by an Order of the Lord Chancellor made on the 6 November 1875 with the approval of the Presidents of the newly constituted divisions of the High Court and of the Treasury.
Episodes in which the Official Solicitor has intervened have generally arisen when there has been a legal stalemate. In 1921 the Official Solicitor intervened to arrange the release from prison of a female Labour councillor from Poplar who had been imprisoned along with most of the members of Poplar Borough Council
Metropolitan Borough of Poplar
Poplar was a local government district in the metropolitan area of London, England. It was formed as a district of the Metropolis in 1855 and became a metropolitan borough in the County of London in 1900. It comprised the civil parishes of Bow, Bromley and Poplar until 1907, when it also became a...
, for having refused to raise the rates
Poplar Rates Rebellion
The Poplar Rates Rebellion, or Poplar Rates Revolt was a tax protest that took place in Poplar, London, England, in 1921. It was led by George Lansbury, the previous year's Labour Mayor of Poplar, with the support of the Poplar Borough Council, most of whom were industrial workers. The protest...
, arguing that the poor inhabitants of Poplar could not afford to pay any more. In 1972 the Official Solicitor, Norman Turner, broke a legal stalemate between the Trades Union Congress
Trades Union Congress
The Trades Union Congress is a national trade union centre, a federation of trade unions in the United Kingdom, representing the majority of trade unions...
and the government known as the Pentonville Five
Pentonville Five
The Pentonville Five were five shop stewards jailed in July 1972 by the National Industrial Relations Court for refusing to obey a court order to stop picketing of a container depot in East London....
case, in which five shop stewards from the dockers' union were imprisoned on a charge of contempt. The Official Solicitor was also called upon by the Secretary of State
Secretary of State
Secretary of State or State Secretary is a commonly used title for a senior or mid-level post in governments around the world. The role varies between countries, and in some cases there are multiple Secretaries of State in the Government....
for the Department of Trade and Industry to deal with the issue of pirate radio
Pirate radio
Pirate radio is illegal or unregulated radio transmission. The term is most commonly used to describe illegal broadcasting for entertainment or political purposes, but is also sometimes used for illegal two-way radio operation...
broadcasting by Radio Caroline
Radio Caroline
Radio Caroline is an English radio station founded in 1964 by Ronan O'Rahilly to circumvent the record companies' control of popular music broadcasting in the United Kingdom and the BBC's radio broadcasting monopoly...
.
The present legal basis of the Office of the Official Solicitor dates from 1981 when, under s.90 of the Supreme Court Act 1981, that the Official Solicitor became a statutory officer of the then-Supreme Court of England and Wales appointed by the Lord Chancellor under the name of Official Solicitor to the Supreme Court. The offices of the Official Solicitor to the Supreme Court and the Public Trustee
Public trustee
The public trustee is an office established pursuant to national statute, to act as a trustee, usually where a sum is required to be deposited as security by legislation, where courts remove another trustee, or for estates where either no executor is named by will or the testator elects to name...
are now housed in one office building, but they continue to have separate functions. On 1 April 2007 the Official Solicitor and Public Trustee merged with the Court Funds Office
Court Funds Office
The Court Funds Office provides a banking and investment service for the courts throughout England and Wales, including the High Court. It accounts for money being paid into and out of court and, as directed by the court, look after any investments made with that money...
to become the Offices of Court Funds, Official Solicitor and Public Trustee. This new organisation was an associated office of the Ministry of Justice. They were split up again on 1 April 2009. The new Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
was established under the Constitutional Reform Act 2005
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom. It provided for a Supreme Court of the United Kingdom to take over the existing role of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of...
and came into effect in October 2009, separating the judicial and law-making functions of the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
for the first time. In October 2009, the 12 Law Lords who hear appeals in Parliament became the first Justices of the Supreme Court. At the same time, the Supreme Court of England and Wales is renamed the Senior Courts of England and Wales, and the Official Solicitor to the Supreme Court became the Official Solicitor to the Senior Courts.
International Child Abduction and Contact Unit
The International Child Abduction and Contact Unit (ICACU) is the section of the Office of the Official Solicitor that is the Central Authority of England and Wales for international child abduction and contact issues under the terms of the Hague Convention on the Civil Aspects of International Child AbductionHague Convention on the Civil Aspects of International Child Abduction
The Hague Convention on the Civil Aspects of International Child Abduction, or Hague Abduction Convention is a multilateral treaty developed by the Hague Conference on Private International Law that provides an expeditious method to return a child internationally abducted from one member nation to...
and the European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children.