The Irish Times - Friday, July 30, 2010

HSE move to cut childcare cases not signed off on, says Barnardos chief

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CAROL COULTER Legal Affairs Editor

A PROTOCOL between the HSE and the main agency supplying guardians ad litem – representatives for the interests of children in care – was drawn up but never signed off on, according to the child welfare body Barnardos.

Barnardos chief executive Fergus Finlay was responding to an Irish Times report that the HSE had spent €2.4 million on legal fees in childcare cases in the Dublin region in the past three years. “I’m shocked by the amount, but not surprised,” he said.

He said that two years ago, his organisation had discussed the protocol with HSE managers, which would provide for discussions between the guardians ad litem (GALs) and the social work teams about the best plans for children being taken into care.

“The aim was to eliminate the need for legal contest. They would work out what was in the best interests of the child and get it signed off on by the judge,” he said.

Barnardos has 20 social workers working on a contract basis with it to provide a guardian ad litem service to the courts on a not-for-profit basis, along with two staff who work full-time in the area, he said.

“The best outcomes are always agreed. When a lawyer appears, all that disappears, it’s all about winning or losing in court.

“The child always loses in this situation. Not every case involves a GAL, but our experience is that where the GAL and the social work team work out an agreed plan with the child, the outcomes tend to be much better and cost a lot less money.”

Asked about the HSE’s expenditure on legal fees in childcare cases, a spokesman said that the Office of the Minister for Children and Youth Affairs was looking at regulating the provision of GAL services.

Asked why senior counsel were sometimes engaged when a case might be due before the District Court, the HSE issued a statement last night: “Senior counsel must, on certain occasions, be briefed to deal with these matters – regardless of the court in which these matters are heard.

“The sole reason for the HSE retaining senior counsel for such cases derives from the seriousness and complexity of these matters.”