Ms Tanya Ward:

This issue entails a range of human rights, the most fundamental being children's rights to protection. When children are subjected to abuse and neglect, the Constitution empowers the State to intervene in a proportionate manner. It can be an intervention in family life, but that can deprive a child of his or her family. It is one of the most serious decisions that can be made about a child. Children have a right to have their voices heard and to participate in proceedings, they have a right to fair procedures under the Constitution, and they have rights in the care system. It is a complex area of law, which would explain why there must be a presumption to have a GAL placed and why legal representation in these proceedings is required.