Guardians’ legal costs up 7.6% to almost €9m

Twenty individuals and firms acting as guardians to children in childcare court proceedings each received sums in excess of €100,000 from Tusla last year.

Figures released by Tusla, the Child and Family Agency, show payments to guardian ad litems (GALs) increased by 7.6 per cent to €8.9 million last year.

GALs are appointed by the court to act as an independent voice for children in childcare cases. The escalating costs of the system were criticised last year by the former Tusla chief executive Gordon Jeyes.

In a letter to the Department of Children and Youth Affairs in February last year, released in response to a Freedom of Information request, Mr Jeyes said while it was acknowledged GALs played a valued role in the childcare proceedings, “at present the lack of a nationally regulated service structure has resulted in an ad hoc profession that is not fit for purpose while the cost of this service continues to spiral year on year”.

‘Unacceptable’

In a follow-up letter to the department in July last year, he wrote: “GAL and GAL legal costs in 2104 exceeded €16 million and in the current year will be well in excess of 50 per cent of the total legal expenditure. This is unacceptable.” Mr Jeyes, who stepped down last February, said in his letter: “I do not believe legal representation for a GAL should be required other than in exceptional circumstances.” He stated: “In the absence of clear guidance, the decision is currently made directly by the guardian, often encouraged/directed by the judge. Instead, a number of GALs will not attend court without legal representation.”

He added: “Any interference by Tusla in this matter leaves the agency open to the allegation of undermining the independent role of GALs.”

Consultation

Mr Jeyes’s comments came ahead of the Department of Children and Youth Affairs launching a consultation process with stakeholders. In response to the FOI request, the figures show the largest provider of guardian ad litem services in the country, Barnardos — Beacon, last year received just over €3.82 million.

The Tusla figures show The Independent Guardian Ad Litem received €1.3 million; Claire Quinn, €307,465; Child and Family Consultancy Ltd €272,095; Jigsaw Training Solutions, €268,305; Ceili O’Callaghan Consultancy Ltd, €251,624; Carmel Murphy, €245,258; Child Advocacy Services, €226,818; Celbridge Counselling Services, €220,740; Independent Guardian Ad Litem Services, €181,083; National Children’s Welfare Services, €171,574; and Independent Social Work Service, €170,739.