Minister: Update On Litigation Guardian Service

July 1, 2022

Minister of Social Development and Seniors Tinee Furbert provided an update on the ”continuing progress with regard to the Ministry’s on-going commitment to embedding a sound Litigation Guardian Service framework into Bermuda’s Court.”

Speaking in the House of Assembly today [July 1] the Minister said, “I am delighted to report that considerable progress has been made since I last reported on this matter to you on 22nd April.

“New Litigation Guardians have been selected and will be gazetted in this month of July. This will increase the capacity in the service at a time when courts are rightly making more appointments of Litigation Guardians because of the increased complexity of the issues facing our children and young people in Bermuda. One Guardian is being given enhanced service co-ordination responsibilities.

“I am pleased to inform you that on the 13th and 14th June, social workers from DCFS and the new Litigation Guardians were trained in how to write court reports which bring out the voice of the child as the centerpiece of the report, around which all other information revolves.”

The Minister’s full statement follows below:

Mr. Speaker, I rise to report to this honourable house the continuing progress with regard to the Ministry’s on-going commitment to embedding a sound Litigation Guardian Service framework into Bermuda’s Court. As you may recall, the Litigation Guardian Service operates as a mechanism of child safeguarding, under the provision of the Children’s Act 1998 Section 35 and 36. In particular, it states that “for the purpose of any specified proceedings, the court shall appoint a litigation guardian for the child concerned, unless satisfied that it is not necessary to do so, to safeguard his interests.

Mr. Speaker, I am delighted to report that considerable progress has been made since I last reported on this matter to you on 22nd April. New Litigation Guardians have been selected and will be gazetted in this month of July. This will increase the capacity in the service at a time when courts are rightly making more appointments of Litigation Guardians because of the increased complexity of the issues facing our children and young people in Bermuda. One Guardian is being given enhanced service co-ordination responsibilities. This will enable the court to have a point of contact within the service when an appointment is needed and will enable the new Litigation Guardians to be mentored at the outset of their appointment. This is seen as an important aspect to the programme. Undoubtedly, the new appointees are all highly experienced, however, being a Litigation Guardian is a specialist role and having a coordinator who has had a lengthy experience of operating in the role will add value to this initiative.

Mr. Speaker, I am pleased to inform you that on the 13th and 14th June, social workers from DCFS and the new Litigation Guardians were trained in how to write court reports which bring out the voice of the child as the centerpiece of the report, around which all other information revolves. The primary purpose of the Litigation Guardian is to inform the court about the voice of the child along with their professional analysis of what needs to happen going forward to guarantee that child’s safety and well-being. As with the training in February, which I reported to you in April, this training was jointly carried out by staff from the Department of Child and Family Services and Mr. Anthony Douglas CBE, the UK FCDO consultant who continues to support us to develop this crucial service for our children.

Mr. Speaker, the Ministry of Social Development and Seniors has now convened and held two meetings of the Litigation Guardian Steering Committee. The Committee is providing oversight and direction to the development of the service. This involves scrutinizing, amending and ratifying practice guidance for the Litigation Guardian service, endorsing a new fit for purpose contract for the Litigation Guardians and considering which changes to the wider family justice system are needed for the Guardian Service to be able work to the highest possible standards

Mr. Speaker, as we continue to make progressive steps to ensure the safeguarding of our children, I want to thank all involved for what they are doing and our wider community for giving their support to this valuable service which gives the most vulnerable children and young people in Bermuda going through the family court process an independent voice in the court proceedings.

Thank you, Mr. Speaker.

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