Court-appointed guardians services set for reform
Children’s Minister Katherine Zappone is to bring heads of new legislation to Cabinet today relating to the ‘guardian ad litem’ service which will seek to address shortcomings in the system, Government sources have said.
The Irish Examiner understands Ms Zappone will seek the backing of her Government colleagues to completely reform the system of court-appointed guardians.
Ms Zappone said that “the existing system is not fit for purpose”.
“I don’t believe it guarantees that the best interests of children and young people in care proceedings are always met. This is despite significant resources of approximately €15m a year being spent on the service,” she said.
The current legislation, the Child Care Act 1991, does not set out the basic criteria for appointing guardians.
At present, the State spends €15m a year in legal and professional fees in dealing with such difficult childcare cases and, while the new regime will not see any reduction in the amount spent, it will see the service made available to a much higher number of children.
Just 53% of children affected were appointed legal guardians but Ms Zappone is seeking to increase the figure as high as possible.
Ms Zappone intends to set out clearly the role and function of a guardian ad litem in childcare proceedings through the new legislation.
They will inform the court of the child’s views and advise the court of what, in their professional opinion, is in the child’s best interests.
It is understood there are about 65 people operating as a guardian ad litem and providing a service in the State. While the majority have a social work background, there is no requirement for any particular qualification.
Under the new legislation, guardians will have to have a qualification in social work or psychology and at least five years’ postgraduate experience of working in areas of child welfare and child protection.
The reform plans will see the establishment of a nationally organised, managed, and delivered guardian ad litem service. This will be done by public procurement. Fees and expenses for guardians will be standardised.
Up to now, guardians ad litem could engage solicitors and barristers to help them carry out their work.
Meanwhile, Fine Gael MEP Brian Hayes said the European Commission has insisted that Irish authorities must be fully compliant with the Water Framework Directive, in its first public comment on the final report of the Expert Water Commission.
“The commission has made it quite clear, through a response to a parliamentary question, that Ireland has to be fully compliant with the Water Framework Directive following the work of the Oireachtas water committee,” he said.
