The vast majority of guardians ad litem – independent advocates for children in care-law cases – are threatening High Court proceedings against the Minister for Children Norma Foley over a planned new service to regulate them.
The Association of Guardians Ad Litem of Ireland, which represents 96 per cent of the profession, said the service will “fundamentally undermine the constitutional rights of children” by “diminishing” and even silencing their voice in care proceedings.
The association’s chairman, retired judge Dermot Simms, said the new service would be “a step backward” for children’s rights. There are 96 guardians ad litem, of whom 92 are members of the association.
Guardians work on the legal front line, representing the interests of vulnerable children in complex court cases.
READ MORE
The new guardian ad litem national service, to be managed from within the Department of Children, is due to begin in the summer, with the commencement of the underpinning legislation, the Childcare (Amendment) Act 2022.
Under its director Pat Bergin, recruitment of about 65 guardians ad litem is under way.
The role of a guardian ad litem was established under the Child Care Act 1991. The role has become increasingly important since the 2012 Children’s Rights referendum, which resulted in the insertion of article 42a into the Constitution.
[ The guardians of the voice of the childOpens in new window ]
Among the article’s provisions is that in all proceedings where a child may be taken into State care, “the views of the child shall be ascertained” and given due weight according to their age and maturity.
The association says its members “welcome regulation and the development of a national service” and want to “work [with the department] to develop a robust and child-centred good quality service”.
However, through its solicitor Gareth Noble of KOD Lyons, the association said sections of the 2022 legislation were “repugnant” to article 42a, in a letter to the Minister dated January 29th, 2026.
Its concerns centre on the guardians’ loss of automatic entitlement to legal representation during care proceedings involving the child they speak for.
The 2022 Act states: “The Minister ... may where he or she considers that it is in the best interests of the child provide ... to the [guardian] ... such legal representation as the Minister considers appropriate.”
Under the Constitution, the association argues, “a child is entitled to have his or her voice heard in proceedings which concern them”. This is “particularly so” where Tusla, and in many cases the child’s parents, are legally represented in court.
In 2023, a total of €10.5 million was paid by Tusla to the 100 or so guardians ad litem, with a further €7 million in legal fees. The following year, the overall bill topped €21 million, with roughly half being paid in legal fees.
[ Unregulated court guardian service cost €21m in 2024Opens in new window ]
One guardian who spoke to The Irish Times, said: “It is mind-boggling that the most vulnerable children in Ireland will not have their voices heard.”
In addition, they say, the new service would see guardians lose their independence as they will be appointed to a child at the discretion of the Minister, rather than by the judge in the child’s case as now.
“Guardians will be employed as civil servants by the Minister and will be appointed and removed at the Minister’s pleasure,” Simms told The Irish Times. “Notwithstanding that the legislation says they will be independent, they are only independent subject the Minister’s pleasure.”
Their employer would be the same department that oversees Tusla, against which they may be bringing applications. This was a “conflict”, Simms said.
Foley will meet the association to discuss its concerns – “for 30 minutes” according to the invitation from her private secretary – on February 24th.
The association welcomes the meeting in its letter. “However, for the avoidance of doubt, should the ... sections [of the legislation of concern] be commenced without amendment, it is our intention to bring High Court plenary proceedings challenging [their] constitutionality.”
A spokeswoman for the department said the executive office of the new service “has been working through ... concerns [raised by the association] and providing information to [it] and individual guardians ad litem in preparation for the commencement of the Child Care Amendment Act 2022″.
“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.”
