Column: MP Tucker On Child Welfare & More
[Opinion column written by MP Robin Tucker]
The One Bermuda Alliance is deeply concerned by news that 10 Bermudian children were sent to overseas therapeutic facilities over the last two years without the protection of a litigation guardian. This is a systemic failure to safeguard the interests of our children and a clear indication that Bermuda’s child‑welfare framework is not functioning optimally.
The primary duty of litigation guardians is to protect children who desperately need support and guidance in an unfamiliar court system. If the courts fail to appoint one, who advocates for children without independent support? The Minister of Youth, Social Development and Seniors suggested the child would still have its own voice, but that is completely realistic and an unfair burden to place on a child in a courtroom; that is why litigation guardians are needed in the first place.
This Government was required by the courts to implement a litigation guardian system to meet its obligations under the Children’s Act 1998. That system is intended to guarantee independent representation for children, yet the Government’s actions suggest an inadequate effort to fulfill that obligation.
While the courts play a role, the Ministry of Youth, Social Development and Seniors carries direct responsibility for ensuring the welfare of Bermuda’s children. It is correct that the courts assign litigation guardians — but they do so from the pool of candidates appointed by the Minister. Minister Furbert confirmed this in the House of Assembly recently. When pressed, she admitted she doesn’t know why the courts did not assign a litigation guardian for the 10 children.
Section 35(1) of the Act requires the court to appoint a litigation guardian unless it is satisfied that it is unnecessary. Sending a child overseas is a major, life‑altering decision involving separation from Bermuda, family contact, and cultural connections. In such circumstances, the absence of an appointed guardian, and the Minister’s admission that she has no understanding of why the courts deemed representation “unnecessary”, is deeply disappointing.
Appointing a litigation guardian for every child in the care of the Department of Child and Family Services who is being considered for overseas placement, should be the minimum standard.
The Minister responsible for child welfare, budgets for litigation guardians, appears to have relinquished the responsibility to the courts. A system intended to ensure that children’s voices are heard is failing them, and the Minister’s suggestion that her Ministry “can only continue to provide training” to help improve the shortfall is wholly inadequate. Training alone does not fix a defective system.
Child‑welfare failures have persisted for decades. Generations of Bermudian children have been trapped in a system that hasn’t fully protected them.
In 2020, OBA MP Scott Pearman called for an independent Commission of Inquiry into Bermuda’s child protection services, and today we renew that call. The system is broken, and everything must be done to fix it.
This is not about blaming anyone. It is about taking responsibility for building a system that genuinely improves the lives of children and ensures that decisions made on their behalf are truly in their best interests. Bermuda’s children deserve a child‑welfare structure that protects them, advocates for them, and supports the generations who will one day be responsible for shaping the future of our island.
- MP Robin Tucker
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