69.Section 15 enables CAFCASS to authorise prescribed officers of the Service to undertake litigation and have rights of audience. It replicates the current arrangements in the Official Solicitor’s office, with lawyers and caseworkers having the ability to conduct litigation and have rights of audience in all courts. Control over CAFCASS’s power under Section 15 will be exercised through regulations, made by the Lord Chancellor, which will set out the criteria that officers of the service will have to meet before they can be authorised under this Section.
Commentary on Sections Part I: The New Services Chapter II : Children and Family Court Advisory and Support Service (CAFCASS) Section 15: Right to conduct litigation and right of audience