I note the concerns expressed by Christina Blacklaws in your report on the Supreme Court decision in Re W (Children) about children giving evidence in court proceedings (see [2010] Gazette, 11 March, 2).

I would like to stress that the greatest problem for those of us who represent children in proceedings would be the lack of an allocated guardian in the early and crucial stages of the case. At present, and for the foreseeable future, we can expect to have a different ‘duty’ guardian at each hearing. They will not ‘own’ the case or have the capacity to carry out the range of enquiries which will be necessary to make a recommendation about whether a child should give evidence or not, including meeting and getting to know the child in question.

Yet it is obvious that the guardian must have a central role in assisting with what will always be a difficult decision. I note that Lady Hale has said that the issue should be addressed early in the proceedings and by the time of the case management conference (CMC) in public law cases, which is a maximum of nine weeks into the case.

In Leeds, the current protocol does not provide for the allocation of a guardian until the CMC. In fact, there are many cases still waiting beyond that point for a guardian to be allocated.

Sadly, I fear that this issue will lengthen proceedings, both because of the litigation involved and the lack of early input from the Children and Family Court Advisory and Support Service.

Pat Gore, Head of family, Davies Gore Lomax, Leeds