Judges oppose plans to change Gals’ rights and status

Ms Justice Bronagh O’Hanlon made a submission to the Department of Children and Youth Affairs (DYCA) with support from fellow judge Mr Justice Henry Abbott.

The Government’s consultation on Preparing a Policy Approach to the Reform of Guardian Ad Litem Arrangements in Proceedings under the Child Care Act 1991 runs until 2 November 2016.

The consultation paper states: “The envisaged policy approach is to provide for a guardian ad litem to have access to legal advice/representation as an exceptional matter and where the need for such support is expressly established and is indispensable the effective discharge of the guardian ad litem’s role.”

In her submission, Ms Justice O’Hanlon said that legal representation for Gals is “an essential component in assisting the court”.

The consultation paper also says the Government is considering an approach by which “the status of the guardian ad litem would be that of a court-appointed adviser to assist the court’s determination of the application under the 1991 Act through the provision to it of information, assessment, analysis and recommendations relating to the views and the best interests of the child”.

However, Ms Justice O’Hanlon said that Gals must continue to be a full party to proceedings in order to “take the full range of applications in the welfare of the child”.

She suggested that a change in status “may engage the article six right to a fair trial under the European Convention on Human Rights”.