Minister notes alternative means to advocate for children
Avenues other than legal representation exist for children sent overseas for therapy in the form of “steps, policies and procedures”, MPs heard, as the youth and social development minister outlined protections given to young people in the island’s courtrooms.
Tineé Furbert took questions from the Opposition after delivering an overview of a service that dates back to 2014, but proceeded formally in 2019 with the appointment of “a cohort of five independent practitioners” — litigation guardians.
A training programme began in 2022 with support from Britain.
Practice guidance was drawn up over the past two years, with a practice manager appointed in November 2025.
The Royal Gazettereported this week that no independent social workers were assigned to any of the ten children in care who were sent overseas by the Family Court in 2024 and 2025.
Responding to a question from Robin Tucker, the Shadow Minister of Youth and Family Services, Ms Furbert told the House of Assembly: “I do not believe that every child would require a litigation guardian.”
She said the responsibility lay with the courts to gather information and decide — and that “sometimes they get the information that they require without having to on-board a litigation guardian”.
She said magistrates “provide for an opportunity for a child's voice to be shared in the courts — so there are still other avenues”.
Ms Furbert said spending on the service was dictated by the amount of work undertaken at any given time by litigation guardians, and that “funds are not the issue”.
She said “time will tell” as the use of the service increases, and disputed an assertion by Scott Pearman, the Shadow Attorney-General, that a “shortfall in expenditure” over previous years amounted to a “failure” of the system.
In her statement, the minister outlined 2020-25 spending figures, starting at $10,500 or 12 per cent of the allocated budget.
Spending rose year-on-year until 2024: $21,050 in 2021, $44075 in 2022, $66,050 in 2023, $73,325 in 2024.
The expenditure was $67,881 last year.
Ms Furbert said a system was in place so that representation was available “whenever the courts feel or decide to order a litigation guardian”.
She said the ministry looked forward to strengthening “quality, collaboration and accountability” in the system, and that “satisfaction surveys will soon commence to obtain direct feedback on the impact of service delivery”.
Last year, the system dealt with a total of 32 cases, five of which were carried forward from 2024. The rest were new cases.
The minister added: “The children supported ranged in age from three months to 17 years, and 31 children across the reported families received support from a litigation guardian.”
Ms Furbert said the system came “under pressure” for much of last year, when the number of guardians fell from five to three, with “only two consistently available”. Recruitment restored the number to five, however.
She said nearly half of cases were dealt with in six weeks or less, while 3 per cent were given more than 12 weeks.
Delays in court orders and getting parent contact information could “sometimes further reduce the working time available for litigation guardians to complete the child case analysis”.
She added: “These pressures matter, because a litigation guardian must undertake a careful, child-centred assessment, engage relevant parties and provide the court with independent, well supported recommendations.
“Where parental conflict is high or proceedings are prolonged, the child’s voice can too easily be overshadowed.
“The service exists to ensure that this does not happen.”
• To read the minister’s statement in full, see Related Media
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