Fitzgerald downplays claim of ‘accountability gap’ in family law

Justice Minister Frances Fitzgerald has downplayed claims that there is a “major accountability gap” in family law around the accreditation of psychotherapists.

Ms Fitzgerald has been challenged in the Dáil by Clare Daly, independent socialist TD for Dublin North, on the use of psychotherapists to compile reports under section 47 of the Family Law Act 1995, despite the fact that accreditation or licensing is not mandatory in order to practise as a psychotherapist in Ireland.

Ms Daly said psychotherapists are “regularly used” to compile such reports, and that they are “not required to abide by any standards or code of conduct in compiling that report, thus creating a major accountability gap in a very sensitive area of family law”.

Responding to Ms Daly’s question, Ms Fitzgerald said the power to order a report under section 47 lies with the independent courts.

She added: “The investigation of complaints into the professional conduct of psychotherapists who prepare reports under section 47 of the Family Law Act 1995 is a policy matter for the Department of Health who have advised that consideration is currently being given to a proposal to designate counsellors and psychotherapists for regulation under the Health and Social Care Professionals Act 2005 which is at an early stage of examination by that Department.”