Written answers

Tuesday, 24 October 2017

Department of Justice and Equality

Wards of Court

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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177. To ask the Tánaiste and Minister for Justice and Equality his plans regarding the deficit in terms of transparency and accountability with the wards of court system and in particular regarding access of the committee of the wards person to the deliberations of the committee of a ward's estate. [44557/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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As the Deputy is aware, the High Court has jurisdiction in wards of court matters and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that when a person is taken into wardship, the President of the High Court appoints a Committee, usually one person, and that Committee has an important role in relation to the ward's personal welfare and property. In approximately 75% of all cases the ward’s Committee is a family member or a trusted friend. However, if no suitable or willing relative or friend is available, or if there is a conflict of interest between the ward and the person who would otherwise have been appointed, the President of the High Court can appoint the General Solicitor for Minors and Wards of Court to act as the Committee.

In a small number of cases a family member is the Committee of the Person only and his or her role is limited to matters of welfare of the ward. That Committee is involved in all aspects of the welfare of the ward and heretofore was given no financial information on the ward's funds in court. However, it is now the position that a Committee of the Person is entitled to seek a summary of the overall amount of funds in court.

The Committee of the Estate is involved in the management of the ward's assets and in matters relating to the ward's income and expenditure needs. If a family member wishes to have more involvement in, and knowledge of, the property and affairs of a ward it is open to that family member to apply to be appointed as a Committee of the Estate of the ward by writing to the Office of the General Solicitor.

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