Justice & Equality Committee calls for audit of Wards of Court cases

This audit must be conducted by a fully independent third party, and must examine realised losses incurred during the period and the long-term impact of this on the level of certain funds, the report recommends. It should be carried out in consultation with the Justice for Wards group, and should consider any evidence the group wishes to submit, it says.

While the Committee welcomes the fact that the Courts Service has stated it is commencing the issuing of annual financial statements to all wards, the Committee is strongly of the view that a fully independent review of the Courts Service’s disposition towards and interaction with Wards and their families/guardians is undertaken. A culture change is apparently needed that will lead to a more involved and informed relationship with parents/guardians, the report says.

Other recommendations include:

•     It is clear that, for various reasons, a number of wards and their families are in a perilous financial situation, with funds almost exhausted, and inadequate to meet their long-term needs. The Committee calls upon the various State agencies involved, including the Department of Justice and Equality, the Department of Employment Affairs and Social Protection and the HSE to work together to identity the individuals at risk, and to draw up contingency plans to provide for their essential needs, including health care and accommodation. This initiative should be set in train immediately given the serious situation that some wards and their families find themselves in. The Committee also recommends that in the cases where the funds for a ward of court are depleted, the remaining portion of the funds should be disregarded for assessment of medical card entitlement and other State benefits.
•    The new Decision Support Service, to be based in the Mental Health Commission, was introduced in the Assisted Decision-Making (Capacity) Act 2015, but has still not been established. The Committee urges the Government to provide whatever resources are necessary to ensure that the Decision Support Service is fully operational as soon as possible.
•    The Committee - subject to the view of the Attorney General that it is legally and constitutionally permissible - recommends that the Comptroller and Auditor General (Amendment) Act 1993 be amended so that the investments funds for wards of court can be audited by the C&AG.
•    The Committee calls upon the Government to ratify the UN Convention on the Rights of Persons with Disabilities without further delay.

Committee Chairman Caoimhghín Ó Caoláin TD said: “The Wards of Court system plays a vitally important role in allowing the courts to make decisions regarding the protection of persons and their property when they are unable to look after their own affairs. According to 2015 figures, there were some 2,700 Wards of Court, with funds valued at €1.05 billion. Wards and their families rely heavily on the expertise within the Courts Service to invest these funds wisely.

During the financial crisis, particularly in the period 2007-2009, funds held for certain Wards of Court were negatively impacted by decisions taken by their Courts Service managers. The Committee met with both the Justice for Wards group and with representatives of the Courts Service, and heard conflicting and diverging evidence as to how prudently and effectively funds for Wards of Court have been managed. The Committee is strongly of the view that a comprehensive and completely independent audit must be conducted of the cases identified by the Justice for Wards group of funds that have been significantly depleted. The Committee is equally strongly of the view that an independent review of the Courts Service disposition towards and engagement with parents and guardians of Wards be undertaken.

A copy of this report and recommendations has been sent to the Minister for Justice and Equality, and we look forward to engaging with the Minister on this subject.”

Read the report here: https://data.oireachtas.ie/ie/oireachtas/committee/dail/32/joint_committee_on_justice_and_equality/reports/2018/2018-02-22_report-on-the-wards-of-court_en.pdf