Judge: Tusla costing State a small fortune

Agency spent €22m on legal cases in nine months

A JUDGE has hit out at the ‘gross inefficiency’ of Tusla, saying that the way it defends its childcare cases is ‘costing the State a small fortune’.

The remarks were made as the latest figures from Tusla show that for the nine months to the end of September this year, it spent €22million on legal fees and Guardian ad Litem costs.

A Guardian ad Litem is employed to provide an independent voice to the child in a childcare case.

In the Family Law Court in Ennis, Co. Clare, yesterday, Judge Patrick Durcan hit out at the ‘complete daftness’ of a case that saw four solicitors turn up to court – in one case.

In the case, Tusla – the Child and Family Agency has an interim care order in place for a five-year-old boy.

Judge Durcan said there were four solicitors in court representing Hit out: Judge Patrick Durcan various parties in the case along with a Guardian ad Litem employed to provide an independent voice to the fiveyear-old child.

Looking down at the solicitors representing the various parties, Judge Durcan said: ‘It is unreal what I see before my eyes. Unreal.’

In the case, Tusla was represented by one solicitor with the parents of the five-year-old boy separately represented by a solicitor each.

In addition, the Guardian ad Litem was represented by a fourth solicitor.

Judge Durcan said: ‘There is an intolerable waste of fees paid to legal personnel and intolerable waste of fees paid to the Guardian ad Litem turning up today for no purpose.

‘There is gross inefficiency in the way quite a number of these cases are run.’

The breakdown shows that €6.2million has been paid to Guardian ad Litems, with an additional €4.7million spent on Guardian ad Litem legal costs.

Tusla has paid €9.5million to lawyers representing the agency, and third-party legal costs total €1.5million.

Judge Durcan said that he was making his comment as someone who has practised as a solicitor for 39 years, and spent 30 of those years in childcare cases representing the HSE and health boards.

Judge Durcan acceded to the application that the case be adjourned to next month.

However, he has directed that all solicitors in the case must have a meeting before coming to court the next day, and that they should agree a detailed planning programme.

The judge said: ‘What has been happening is that nobody meets until the day of a busy court hearing.

‘That has been the custom in Ireland – turn up on the day and people run around and flap.’

Judge Durcan said he requires that the minutes of the meeting must be made available to him at the next court date in January.

He said: ‘I want better methodology adopted by the legal personnel in all of these cases going forward.’

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‘They turn up on the day and flap’