The voice of the child must be heard consistently in childcare cases across the country, an organisation representing adults who were in the care of the State has said.
Wayne Dignam, founder of the Care Leavers' Network, said some courts routinely use Guardians Ad Litem, court-appointed guardians, to inform them of the views, wishes and best interests of the child at the centre of the proceedings. But in other courts, it is much rarer.
He said there needs to be consideration of how and when guardians are appointed, a definition of their role, consideration of the circumstances in which it may be appropriate to hear the child directly, and whether that should mean the child is legally represented.
In April 2015, the children’s referendum was signed into law. It requires that the views of the child, where age appropriate, be ascertained in family and child care law matters.
Mr Dignam said he was taken into care aged 10, after traumatic events had happened to him, but those could have been prevented if the right people had acted in his best interests and listened to his voice, and the voices of others, over a longer period of time.
No provision
Mr Dignam said while the Children and Family Relationships Act 2015 provided entitlement for the child’s voice to be heard, there was no provision for how this would work and be paid for. He said the network would support a national service that maintained a panel of guardians for appointment in care proceedings and in private family law proceedings. The guardians should have specialist knowledge in areas such as child development, family dynamics and trauma, he said.
He also said if children are to be represented by solicitors in public law proceedings affecting their care, welfare or liberty, the solicitors providing this service would require specialist training and smaller caseloads.
