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, by an appointed Guardian ad litem, in child care proceedings. The Guardian ad litem National Service, as provided for under the Child Care (Amendment) Act 2022, will come into effect mid-2026, subject to Ministerial approval.
The Executive Office, Guardian ad litem National Service, was established in January 2025 with the appointment of a Director. Its mandate is to establish the National Service and prepare for commencement of the Child Care (Amendment) Act 2022, ensuring the Act achieves its intended government policy objectives. The Child Care (Amendment) Act 2022 introduces a national framework, including a new “Part VA”, which includes standardised authorisation, appointment, and regulation mechanisms.
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 provision of legal advice and representation will be available to Guardians ad litem through an in-house legal team and or procured legal services. The Child Care (Amendment Act) 2022 sets out the grounds on which legal representation is provided to Guardian ad litem. The Guardian ad litem National Service has developed operational procedures for the request and provision of legal representation by a Guardian ad litem and the grounds on which a request will be considered and approved.
Engagement with the Office of the Attorney General on the independence and legal representation for Guardian ad litem was undertaken in 2025. The advice of the Attorney General’ Office reaffirms the independence of the Guardian ad litem in their functions as set out in the Child Care (Amendment) Act 2022. These include sharing the views of the child in the court proceedings and providing recommendations to the Courts on the best interest of the child. The Guardian ad litem is required to provide this independent view while ensuring they adhere to standards, code of conduct and operational procedures as set down by the Guardian ad litem National Service. The Guardian ad litem National Service holds the view and supported by the AG’s Office that the advice provided to the Guardian ad litem is legally privileged
The Service is firmly grounded in child centred practice and aligned with Ireland’s obligations under the UNCRC. Its core purpose is to ensure every child’s voice is heard and their best interests are independently represented in court, reflecting Articles 3 and 12 of the Convention. Children, and their best interests, are at the centre of the Guardian ad litem National Service. The Service is committed to working with all stakeholders to prevent disruption for children before, during, and after commencement. I am committed to ensuring that the welfare and best interests of children who are subject to court proceedings remain at the centre of all decisions and reforms.
