Jurisdiction(s):
United Kingdom

Key definition

Official Solicitor definition

What does Official Solicitor mean? A court-appointed lawyer who steps in as the litigation friend of last resort to conduct proceedings for a person who lacks mental capacity (and, in limited cases, for a child) where no suitable relative, professional, public body or agency is able and willing to act. In England and Wales, the Official Solicitor to the Senior Courts is an officer of the court. Appointment and functions arise from the Civil Procedure Rules (Part 21), Family Procedure Rules, the Mental Capacity Act 2005 and Court of Protection Rules, alongside the court’s inherent jurisdiction. The Official Solicitor acts independently, usually only...

Official Solicitor in Court of Protection proceedings: appointment, powers under COPR 2017, litigation friend, welfare cases and costs (England and Wales)

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Practice notes

(OS)

The OS is an Officer of the Supreme Court, appointed by the Lord Chancellor. The OS’s team comprises seasoned Solicitors who specialise in Court of Protection work, whose practical expertise supports the court, the protected party (P), and any other participants in the case. The OS can, for example, advise the court about aspects of its powers or procedure, or liaise with others to clarify matters, propose options, and help the parties reach agreement where feasible. The OS acts for children and for people who lack capacity in legal proceedings, but only if no other suitable person or body is available to take on that role. The position exists to ensure P’s welfare, property, or status is properly protected. In Court of Protection property and affairs cases, this generally involves serving as litigation friend—often in statutory Will or gift applications—or acting as property and affairs deputy of last resort. For additional guidance on appointing the OS in property and affairs proceedings, see: Official Solicitor and Public Trustee Practice Note: Appointment of the Official Solicitor in property and affairs proceedings. Its involvement remains directed at safeguarding P’s interests throughout the conduct of the case, at all stages thereof. The court...

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Web page updated on 21/05/2026

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