Department planning ‘extensive reform’ of guardian scheme

Plans for “extensive reform” of the court-appointed guardian system in Ireland

are "at an advanced stage", the Department of Children and Youth Affairs has said.

A spokeswoman said the proposals will cover payments to Guardians ad litem (gals) as well as their status, roles and responsibilities. It will also cover the qualifications and criteria for the appointment of gals, their legal representation and the management of a transparent service.

Gals are appointed by judges, under the Child Care Act 1991, to represent the wishes and needs of children in child care cases. They meet children, their foster carers and their parents and report to the courts on their findings.

An estimated 80 per cent of gals are legally represented in court and may make applications to secure resources for the children they advocate for.

Comments from the department follow concerns raised by Gordon Jeyes, chief executive of Tusla, the Child and Family Agency, about the cost of the system.

Earnings by gals

In an article in

The Irish Times

on Monday, Mr Jeyes said some of the earnings by gals were “outrageous”. Last year, Tusla spent €16.5 million on gals, made up of €9 million for gals’ costs, €6 million for their solicitors and €1.5 million for counsel, out of a €36 million legal bill. This year, the costs are expected to be in excess of half of the agency’s total legal bill. Mr Jeyes argued gals should be regulated, should only be legally represented in exceptional circumstances and should not be paid from the Tusla budget.

He also said when gals secure resources for children through the courts on foot of court orders, children in care on a voluntary basis lose out as a consequence. A spokeswoman for the department said “work on the preparation of detailed proposals for a possible policy approach to the fundamental reform” of gals is at “an advanced stage”.

Campaigned for reform

She said the department referred the proposals to Mr Jeyes for consideration and comment, and is awaiting a reply. Children’s charity

Barnardos

, which runs the largest gal service in the country, said it has campaigned for reform and welcomes the department’s plans. A spokeswoman said the system is costly and cannot adequately meet the needs of children in its current format.

“Now that a child’s right to be heard is enshrined in the Irish Constitution there is even more of an urgency to ensure the service is appropriately regulated and monitored,” she said.