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GAL Fees & The HSE - July 2008

Chapter 6 - Recommendations

I wish to make the following recommendations to the HSE which I consider to be fair and reasonable, and which take account of the legal provisions in the Child Care Act 1991:-

In relation to the Irish Guardian Ad Litem and Social Work Services (which is not taking on any new referrals):

1(a) that the HSE pays, at agency rates, all duly authorised outstanding invoices, in respect of cases which have been closed, with interest as provided under the Prompt Payment of Accounts Act 1997;

(b) that payment be made with respect to duly authorised invoices for ongoing cases at agency rates (given that the HSE accepted those rates in February, 2007), and that interest be paid in respect of any late payments in accordance with the Prompt Payment of Accounts Act 1997;

(c)  that a "Time and Trouble" payment of €10,000 be made to the agency in recognition of the effort expended by it in the pursuit of its complaint since 2002.

In relation to the Beacon Guardian Ad Litem Service:

2(a) that the HSE pays, at agency rates, all duly authorised outstanding invoices, in respect of cases which have been closed, with interest as provided under the Prompt Payment of Accounts Act 1997;

(b) that payment be made with respect to duly authorised invoices for ongoing cases, at agency rates, or refer the cases, on completion, to the courts for measurement/taxation, if the rate is disputed;

(c) that a "Time and Trouble" payment of €10,000 be made to the agency in recognition of the effort expended by it in the pursuit of its complaint since 2002;

(d) for the future, I recommend that the HSE engage more openly with the GAL service providers in relation to its approach to the recoupment of costs incurred. In that context, it should prepare and publish guidance notes, in conjunction with the service providers, setting out its outline policy in relation to the recoupment of GAL costs, for example, what type of expenses are admissible, how claims should be made, vouching arrangements etc. The HSE should agree with the service providers a scale of agreed charges to apply either nationally, regionally or locally, as appropriate, and in the event of a dispute about a particular invoice, the HSE should attempt to resolve the matter by consultation with the relevant GAL and in accordance with procedures provided for in the Prompt Payment of Accounts Act 1997. Finally, in the event of continued disagreement, the HSE should refer the matter for taxation as expeditiously as possible.

While I am mindful of past difficulties in agreeing guardian ad litem rates, I hope the HSE will approach this matter proactively, with a renewed sense of commitment, which takes on board my findings and recommendations in this report. In order to assist it in putting the above new policy arrangements in place, and should it see merit in so doing, the HSE should explore the possibility of appointing an independent mediator to liaise between it and the service providers.

Emily O’Reilly
Ombudsman
July, 2008

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