I have a problem with an Independent Children's Lawyer (ICL)
Please note that Legal Aid NSW and the Office of the Legal Services Commissioner cannot remove the ICL from the matter unless the ICL agrees to this or the Court makes an order.
Before you make a complaint about an ICL, it is important to understand the role of the ICL and how they are appointed.
Role
Information about the role of the ICL can be found on this video, factsheet and on the Family Court website.
How appointed
The Court appoints an ICL. Legal Aid NSW then allocates an ICL to a matter and makes decisions about the grant of legal aid to the ICL.
Lawyers acting as ICLs under a grant of legal aid are required to comply with Legal Aid NSW's practice standards.
Complaints
It is unlikely that Legal Aid NSW will take any action if your complaint is simply that you disagree with the views of the ICL. The way in which the ICL acts may not always meet with the approval of the parties or the child but this does not mean that the ICL has failed in his or her professional responsibilities.
If you believe that the ICL is not performing his or her professional responsibilities you have the following options:
- Make an application to the court for the ICL's removal. You should speak to your lawyer about this (if you have one) OR
- Make a complaint to the Office of the Legal Service Commissioner that an ICL is not discharging his or her professional obligations. The Office of the Legal Service Commissioner deals with complaints about lawyers. OR
- Make a complaint to Legal Aid NSW who may be able to investigate some aspects of the ICL's conduct if they are a breach of the practice standards.
Please note that Legal Aid NSW and the Office of the Legal Services Commissioner cannot remove the ICL from the matter unless the ICL agrees to this or the Court makes an order.