Minister Foley announces commencement of new Guardian ad litem National Service

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The Minister for Children, Disability and Equality, Norma Foley today (Tuesday 23 June) announced the official establishment of Guardian ad litem National Service.

A Guardian ad Litem is an independent person appointed by a court to advise the courts on the best interests of the child in public court proceedings.

The new Guardian ad litem National Service is being established to ensure that every child’s voice is heard, and their best interests are independently presented to the court in care proceedings across Ireland. The official opening of the National Service signifies a major step forward in delivering a high-quality, accountable and consistent service grounded in children’s rights.

Announcing the commencement, Minister Foley said:

“The launch of the Guardian ad litem National Service is a landmark moment for children in care in Ireland. At its heart, this reform is about strengthening the voice of the child in care proceedings and ensuring that their best interests remain at the heart of every decision.

The new National Service is replacing a fragmented Guardian ad litem service with a new structure underpinned by clear governance, standards and accountability. I wish all the staff of the new Guardian ad litem National Service well with this important work for the benefit of children.”

Patrick Bergin, the Director of the Guardian ad litem National Service added:

“Children, and their best interests, are at the centre of the Guardian ad litem National Service. Ensuring that all children, in all parts of the country have access to the same high standard of service, is a priority for us. 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.

“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.”

The new National Service has sanction to recruit a team of 65 full time Guardians ad litem, who will then be available for appointment as directed by the courts. So far, 95 of current Guardians ad litem have been appointed as part of the transitional arrangements, five new Guardians ad litem commenced employment on 22nd of June and a further 31 are at final stages of contracting and will have the option to take up employment in the coming weeks. The Public Appointments Service are also processing a further 25 successful applications so they can also be offered posts in the coming months.

The new National Service has prioritised continuity for children. There will be a 12-month transition period during which 95 existing Guardians ad litem can continue working with the children they have been appointed to. This will ensure that children already engaged with a Guardian ad litem will experience no disruption as the new National Service commences.

The new National Service has its own five-person legal unit, led by a Head of Legal Services, which can provide legal advice to Guardians ad litem. A panel of solicitors has been set up to cover all 26 district courts, so that rapid access to legal representation can be provided.

The independence of Guardians ad litem is now clearly established in law. The legislation explicitly states that a Guardian ad litem must act independently in carrying out their functions. Guardians ad litem make their own professional judgments and recommendations to the court. They are not directed in this or any regard by the Minister, the Department, Tusla, or any other party.

The new National Service is based in Lombard Street in Dublin in a floor of a building which was previously used by the Civil Registration Service.