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Guardians Ad Litem

Dáil Éireann Debate, Thursday - 22 January 2026

Thursday, 22 January 2026

Questions (489)

Eoghan Kenny

Question:

489. Deputy Eoghan Kenny asked the Minister for Children, Disability and Equality her plans to make the new Guardian ad Litem service completely independent from Tusla; the consultation she and her Department have undertaken to establish this new system; the investigative work done into the service demand; if there will be a waiting list for the service; if she and her Department are willing to engage with the Independent Guardian ad Litem Agency in relation to the establishment of this service; and if she will make a statement on the matter. [5120/26]

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Written answers

The Executive Office, Guardian ad litem National Service was set up in January 2025 with the appointment of a Director to establish the National Service and to prepare for the commencement of the Child Care (Amendment) Act 2022. The design of the new Service is undertaken following consultation with stakeholders. The operating model for the Guardian ad litem National Service will include governance structures, professional codes, and statutory safeguards, ensuring legal representation for Guardians ad litem where necessary, publishing operational policies and maintaining transparency, preventing waiting lists and safeguarding workforce stability.

The independence of Guardians ad litem in the performance of their functions is a legislative requirement and a core value of the role. The Child Care (Amendment) Act 2022 clearly states that Guardians ad litem must act independently in their professional judgment and function. The standards, code of conduct and other policies/procedures will put the structures in place to ensure this independence at an operational level.

Under the new model, Guardians ad Litem will be appointed from an authorised panel by the Minister, following a court order arising from child care proceedings. This approach reinforces their independence from Tusla and other agencies. While both bodies operate within the remit of the Department of Children, their functions, statutory roles, and operational mandates are independent.

In 2025, the Department undertook an analysis of the staffing needs of the new service based on current caseloads and time worked per case (including travel), submitted by Guardians ad litem across the years previous. Based on this analysis, the staffing model for the service was developed which will ensure availability of Guardians ad litem to children who require them.

Within the 2022 Act there is provision for Transitional arrangements for 12 months following the commencement of the 2022 Act which will facilitate a smooth transition to the planned service. The Executive Office on behalf of the Department has regular engagement with all stakeholders including the Association for Guardian ad litem Ireland (AGALI) who represent Guardians ad litem and are administratively supported by a number of other companies /organisations also.

The Executive Office will continue to engage meaningfully with all stakeholders as we prepare for commencement of the Guardian ad litem National Service. I remain open to the possibility of a meeting at an appropriate time in the future. The Government remains committed to delivering a high-quality, child-centred Guardian ad litem system that strengthens children’s rights and ensures their voices are heard in court proceedings.

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