Thousands of Children's Records at Risk of Destruction as New GAL Service Begins June 23rd

Thousands of vulnerable children’s records held by independent guardian ad litem (GAL) practitioners may be destroyed starting June 23rd, as a new state-operated GAL service begins. This new service, run by a unit within the Department of Children, replaces the independent GAL system in place since 1995.

Existing GALs express significant concern over the fate of records for thousands of children they have advocated for. The department wants only the most recent court report for current cases and historical files transferred. However, GALs state they lack legal authority to retain files once they cease practice. These files often contain sensitive personal information, including children’s letters and reflections.

Monica Hynds, director of Barnardos GAL service, is concerned about nearly 500 children’s records held by the charity, emphasizing children’s rights to access their information later. Barnardos retains extensive records, including direct work and letters from children. Other large GAL services, Gallore and Tigala, holding over 1,500 records, share these worries.

The Association of GALs Ireland (Agali) highlights the lack of proper provision for data transfer or archiving, forcing individual GALs into the difficult position of deciding whether to personally retain records. The department, having consulted the Data Protection Commission, stated that importing privately held records into its new system would create legal and governance risks. It maintains that existing GALs, as independent data controllers, remain responsible for managing records under GDPR, including retention and deletion practices.