Press release
Minister Zappone announces €2.8m for reform of the Guardian ad litem service
From Department of Children, Equality, Disability, Integration and Youth
Published on
Last updated on
From Department of Children, Equality, Disability, Integration and Youth
Published on
Last updated on
The Minister for Children and Youth Affairs, Katherine Zappone TD, has announced extra funding under Budget 2020 of €2.8 million in 'seed capital' funding which will allow for the establishment of a national guardian ad litem (GAL) service within an Executive Office of the Department of Children and Youth Affairs.
The Minister published the Child Care (Amendment) Bill 2019 in August. This Bill addresses significant inadequacies in existing Guardian ad litem (GAL) provisions under Section 26 of the Child Care Act 1991. Its objective is to regulate the existing system of GAL appointments and to extend the system so that GALs can be made available to any child who would benefit from one within the public law system.
Introducing proper governance structures for GAL expenditure and a uniform national fee structure for GALs and their legal representatives, which is transparent and represents value for money, under the planned Executive Office, will free up resources to provide this service to a much greater number of children into the future. It is planned that the new national service which will be operational early in 2021 will facilitate a significant increase in GAL services within existing resources once fully established.
In announcing the €2.8 million funding Minister Zappone said:
“I welcome this funding which will allow for the establishment of a new national GAL service within an executive office of my department. I am currently bringing the Child Care (Amendment) Bill 2019 through the Oireachtas and am delighted that this ‘seed capital’ allocation for the set-up phase of the new GAL service will allow us to get ready to implement this much needed reform once it has been enacted. This reform will result in a high quality, standardised service, which will be available to a much larger number of vulnerable children who are the subject of public law care proceedings across the country."
“I am strongly committed to the reform of the current “ad hoc” GAL system and to regulate it to benefit the greatest number of children and young people to ensure that a child’s view is always effectively conveyed to the Court in child care court proceedings. Provision has been made for this in Budget 2020.”
ENDS
GAL arrangements for children who are the subject of public law child care proceedings (i.e. child protection cases as opposed to private law cases concerning guardianship, custody, or access) are currently provided for under section 26 of the Child Care Act 1991, which was commenced on 31st October 1995.
The role of the GAL is to independently establish the wishes, feelings and best interests of the child and present them to the court with recommendations.
The GAL gathers information about the child’s situation and gives the child information about the court process. The GAL engages with the child to ascertain his or her wishes and feelings. They consult with social workers, parents, carers and others regarding the child. They promote the child’s wishes, interests and rights within the court arena.
There are currently in the region of 75 GALs operating across Ireland. The Child Care Law Reporting Project found that of 1,194 District Court cases reviewed over the period from December 2012 to June 2015 on average a GAL was appointed in 53% of cases. A GAL was appointed to children in 79% of cases in Louth, but only 13% of cases in Galway.
The legislation providing for this important reform is currently making its way through the Oireachtas. Guardians ad litem (GALs) are appointed by judges in public law child care proceedings to independently establish the wishes, feelings and best interests of the child and present them to the court with recommendations.
This new national service will replace the current ad hoc system of GAL appointments in child care proceedings and reform the system so that the significant existing resources already allocated to it can benefit a much greater number of children and young people in the future.
A 2015 Comptroller and Auditor General Report (relevant section attached below) reviewed the costs and fee structure in place in other common law jurisdictions and found that the €125 an hour fee paid to GALs and the costs of their legal representation are significantly higher than the fees and legal costs of their counterparts in Northern Ireland and England and Wales.
The important reforms contained in the legislation, combined with the 'seed capital' allocation for the set-up phase of the new service in 2020, will provide for a very significant increase in the provision of Guardian ad litem services to the most vulnerable children in society who are being taken into care and ensure that their voice is heard in these court proceedings in accordance with the UN Convention on the Rights of the Child and with Article 42A of the Constitution.
The Child Care (Amendment) Bill 2019: