20 guardianship providers paid over €100k each
Twenty individuals and firms acting as guardians to children in childcare court proceedings received sums in excess of €100,000 each from Tusla last year.
Figures released by Tusla, the Child and Family Agency show that last year payments to Guardians ad Litem (Gals) rose by 7.6% to €8.9m.
Gals are appointed by the court to act as an independent voice for children in childcare cases and the increased pay-out to the Gals followed former CEO of Tusla, Gordon Jeyes criticising the escalating costs of the Gal system to the Department of Children and Youth Affairs last year.
In a letter to the Department of Children and Youth Affairs of February of last year released in response to a Freedom of Information request, Mr Jeyes said that while it is acknowledged that Gals play a valued role in the childcare proceedings, “at present the lack of a nationally regulated service structure has resulted in an ad hoc profession that is not fit for purpose while the cost of this service continues to spiral year on year”.
In a follow-up letter to the Department of Children in July of last year, Mr Jeyes wrote: “Gal and Gal legal costs in 2014 exceeded €16m and in the current year, will be well in excess of 50% of the total legal expenditure. This is unacceptable.”
Mr Jeyes — who stepped down as Tusla CEO in February of this year — hit out at the level of legal representation for Gals in childcare proceedings.
In the letter, he said: “I do not believe that legal representation for a gal should be required other than in exceptional circumstances.
“In the absence of clear guidance, the decision is currently made directly by the guardian, often encouraged/directed by the judge. Instead, a number of Gals will not attend court without legal representation.
“Any interference by Tusla in this matter leaves the agency open to the allegation of undermining the independent role of Gals.”
Mr Jeyes’s comments came ahead of the Department of Children and Youth Affairs launching a consultation process with stakeholders over the future of the Gal system.
In response to the FOI request, the figures show that the largest provider of Guardian ad Litem services in the country, the Barnardos Beacon service, last year received just over €3.82m for the service it provides.
The consultation process relating to the Gal system took place from mid-October to mid-December 2015. 26 submissions were received while the department met with a number of respondents, with the last of such meetings held in May 2016.
A spokeswoman said: “The consultation process is informing the ongoing development of the proposed policy approach to fundamental reform of Guardian ad Litem arrangements under the Child Care Act, 1991 for consideration by Minister Zappone and submission to Government.”
She said consultation responses would be published in due course.
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