Michael Cahill
Question:1037. Deputy Michael Cahill asked the Minister for Children, Disability and Equality to address a matter raised in correspondence (details supplied); and if she will make a statement on the matter. [12639/26]
View answerTuesday, 17 February 2026
Questions (1037)
Written answers
I am aware of the correspondence that has been sent out by Guardians ad litem across the country regarding the set up of the new Guardian ad litemNational Service.
The Guardian ad litem National Service is a nationally organised and managed service established to ensure that children’s voices are heard, and their best interests are independently presented to the court in child care proceedings, by an appointed Guardian ad litem. The Guardian ad litem National Service, as provided for under the Child Care (Amendment) Act 2022, will come into effect mid-2026, following Ministerial approval.
The Child Care (Amendment) Act 2022, which provides for reform of the Guardian ad litem system, was signed into law on 19 July 2022, replacing the existing provision in Section 26 of the 1991 Child Care Act. The passing of this legislation enables this Department to establish the Guardian ad litem National Service as an Executive Office. This long-promised reform will promote high professional standards, quality assurance mechanisms, complaints processes and provide training to ensure a consistent service for children in all parts of the country.
The independence of Guardians ad litemin 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 and procedures will put the structures in place to ensure this independence at an operational level. Guardians ad litemhave been invited to contribute to these policies at in-person consultation events in February 2026.
Under the new model, Guardians ad litemwill be appointed from an authorised panel, following a court order arising from childcare proceedings. This approach reinforces their independence from Tusla and other agencies. While both bodies operate within the remit of this Department, their functions, statutory roles, and operational mandates are independent. The oversight and operations of Tusla and the Guardian ad litem Executive Office are currently and will remain separate entities.
Throughout the pre commencement process the Guardian ad litemNational Service has been in regular contact with the Association of Guardians ad litemIreland (AGALI) including letters, emails and meetings. The Guardian ad litemNational Service also holds a fortnightly meeting with AGALI in order to guarantee that knowledge sharing is in place and to ensure the service is established with the best interest of the child at its heart. The Minister is scheduled to meet with AGALI on the 24th of February to discuss their concerns.
A project implementation plan has been developed for the commencement of the new service, and this includes capacity planning and resourcing measures to prevent waitlists and any other potential issues that have arisen in similar circumstances abroad. This Department remains committed to maintaining timely access to Guardians ad litemfor all children.
Throughout the establishment of the Guardian ad litemNational Service, the Executive Office has maintained regular engagement and consultation with current Guardians, including a formal request to Guardian ad litemorganisations to recruit staff to support pre-commencement activities. These options were declined. Guardians ad litemwere also invited to apply for the Head Guardian ad litem, regional manager and the professional practice manager posts undertaken by the Public Services Appointment.
The Guardian ad litem National Service remains committed to ensuring that the new service will offer structural safeguards of a Guardian ad litem’s independence and the Department is committed to having a robust staffing model to provide the best possible service to children in Ireland.
Children, and their best interests, are at the centre of the Guardian ad litemNational Service. The National Service is committed to working with all stakeholders so there is a smooth transition for children into the new service.