Court guardian system a 'travesty'

IT IS A "travesty of justice" that regulations have not been introduced to cater for people who act as children's guardians in court cases, a conference on children's rights has heard.

Solicitor Sinéad Kearney of BCM Hanby Wallace said the guardian ad litem system was operating in an entirely ad hoc manner.

The guardian ad litemis a qualified professional who assesses what is in the child's best interests and is able to present those views, and the child's views, in court.

"There is no procedure for the appointment of a guardian ad litem," Ms Kearney said yesterday. "There is no access to a panel of guardians to whom a notification can be sent that an order has been made."

The appointment of a guardian was often hampered by delays or lack of agreement as to who the guardian should be, she said.

In the absence of regulations, guardians ad litemtended to participate fully in High Court proceedings and they prepared and received reports. "It is a travesty of justice and a scandal that this area has yet to be regulated."

She also highlighted the fact that the Health Service Executive usually paid the guardian's costs. "It is hard to argue that the guardian ad litemis independent if the paymaster . . . is also party to the proceedings. The issue of costs is one which often causes dispute and can tarnish the relationship between the HSE and the guardian ad litem."

Ms Kearney was speaking at the Association for Child and Adolescent Mental Health's conference in Dublin. Also at the conference, Ombudsman for Children Emily Logan said young people frequently expressed concern about mental health issues. They highlighted issues such as bullying, suicide, positive self-esteem, depression and exam stress, she said.

Of the 742 complaints received by her office last year, some 44 per cent related to education and 28 per cent to health. The most common complaints included not being included in care planning and having no involvement in decisions about placement.