Department expands new guardian ad litem service nationwide

Guardians ad litem are frequently appointed to complex court cases to ensure the views and best interests of the child are represented in proceedings

The Department of Children said a 12-month transition period will see the 95 existing Guardians ad litem continue to work with the children they have been appointed to, to ensure they experience no disruption as the new service commences.

A new national service has been launched for Guardians ad litem, as part of a bid to ensure the voices of children are heard in care proceedings in courts across the country.

The independent service will aim to ensure every child has their best interests represented in court proceedings in what can often be harrowing, traumatic cases before the courts, and is the first time the roll-out will be supported on a national basis.

“[This] is a landmark moment for children in care in Ireland,” minister for children Norma Foley said. “The new national service is replacing a fragmented Guardian ad litem service with a new structure underpinned by clear governance, standards and accountability.” 

The new service will have a sanction for a team of 65 full-time guardians ad litem. But, as part of the transitional arrangements to the new service, 95 people currently fulfill that role.

The Department of Children said a 12-month transition period will see the 95 existing Guardians ad litem continue to work with the children they have been appointed to, to ensure they experience no disruption as the new service commences.

The service director Patrick Bergin said that ensuring that children in all parts of the country have access to the same level of service is a high priority.

“We are also committed to bringing about systemic change for children by utilising the information we collate, and which up until now, was not available,” he said.

“Significant work has taken place to ensure operational readiness for the new national service. This includes workforce planning, recruitment, governance, and the development of new systems to support service delivery and data management.

“We recognise that this reform brings change for Guardians ad litem, the courts and the wider system. We have engaged extensively with stakeholders and will continue to work closely with them as this new service is embedded.” 

Their impact in complex court cases is frequently cited by the Child Law Project, where a judge will frequently appoint one to ensure the views and best interests of the child are represented in proceedings.

What's your view on this issue?

You can tell us here

A report from the Comptroller and Auditor General revealed that Tusla incurred costs of €117m on the Guardian ad litem service between 2014 and 2021. The average caseloads for the 91 guardians ad litem identified in the report were 16-18 per guardian.

It said legislative change would set up the new body with legal representatives in its office to assume this role.