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 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 and procedures will put the structures in place to ensure this independence at an operational level. Guardians ad litem have been invited to contribute to these policies at in-person consultation events in February 2026.
Under the new model, Guardians ad litem will 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 the Department of Children, 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.
This Department remains committed to ensuring that the new service will offer structural safeguards of a Guardians ad litem independence. Children, and their best interests, are at the centre of the Guardian ad litem National Service. I am committed to working with all stakeholders so there is a smooth transition for children into the new service.
