Bid to end adversarial childcare hearings

The minister for children, Katherine Zappone, pledges to ‘revisit laws’ so we can ‘do better for children’.

The minister for children has signalled moves to end the “adversarial” nature of childcare court proceedings with a proposed review of the Child Care Act central to reforms.

Katherine Zappone made her comments ahead of a conference today, organised by Barnardos, on the role of guardians ad litem (GAL), who offer independent representation of children in care proceedings.

Barnardos said that long-awaited reforms over the GAL system should only be the start of measures to transform the adversarial nature of the courts system as it applies to cases involving children.

Ms Zappone said upcoming changes in the law would mean courts would have to explain why a GAL was not appointed to a case involving a child, and also pledged a review of another key aspect of child law, the Child Care Act.

“It is a quarter of a century since the introduction of the Child Care Act,” the minister said.

“It is now time to revisit our laws, regulations and policies to examine where we can do better for our children.”

Writing in today’s Irish Examiner, Freda McKittrick, head of the Barnardos guardian ad litem service, said the current “ad hoc” system needed to change as part of a range of measures that would mean greater representation of children’s voices in proceedings that affect them, at a time when the Child and Family Agency has been seeking to cut its own legal costs.

Ms McKittrick said that, while Barnardos has a rigorous code of standards and practice, “it is technically possible for anyone to offer themselves as a guardian — there is nothing in the law that even requires them to be vetted, let alone operate to minimum standards.

“And there are serious question marks around the cost of the system — a cost that must be borne by Tusla, alongside its already very stretched role in keeping children safe and providing for their welfare.”

She welcomed an impending government bill that will regulate the entire system, but claimed it was “not strong enough”.

She said any reforms needed to ensure that every child who needs access to a guardian has that access as a right, rather than it be at a judge’s discretion.

“Our child and family justice systems remain too legalistic, too adversarial, too frightening,” she said.

Barnardos chief executive Fergus Finlay said: “At present, about half of all children involved in such life-transforming situations, who are often extremely vulnerable, at risk, and alone, have that access, and it is given at the discretion of the judge in the case. We believe the Government must go further, and enshrine it in the new law as a right.”

Today’s conference in Croke Park, is chaired by Mr Justice Michael White and will feature a range of speakers including the chief executive of Tusla, Fred McBride, and Ms Zappone.

Speaking ahead of the conference, Ms Zappone said: “It is my intention that every child in care proceedings will have the opportunity to avail of the support of such a guardian ad litem — with a requirement on courts to give reasoning when an appointment is not made.”

She also said there needed to be “a mediated approach rather than courtroom battles”.