Today the Minister of Social Development and Sports the Hon. Michael Weeks JP MP commented on the recent Supreme Court ruling on 28th June 2018 involving a litigation guardian by pointing out that policy development around litigation guardians has been underway for some time in his Ministry.
Minister Weeks noted that Government had recognized that changes to the Children Act 1998 were necessary with regard to litigation guardians, and thus included a commitment to enhance the protocol for litigation guardians in the September 2017 Speech from the Throne.
Minister Weeks in commenting on the recent Supreme Court ruling noted that the Court concluded that, “It would be wrong in principle for this Court to use its inherent jurisdiction to authorize statutory expenditure where the Legislature has not expressly done so”.
Minister Weeks further stated that, “in order to advance the Throne Speech initiative, his Ministry consulted with the Children and Family Court Advisory and Support Service (CAFCASS), the principal agency responsible for representing children in family court cases, and which provides oversight of litigation guardians in England.”
Minister Weeks said, “As a result, the Ministry of Social Development and Sports has formulated a policy framework which Cabinet has now approved, and for which drafting instructions have been issued to the Attorney-General’s Chambers. The policy framework calls for the establishment of a statutory Litigation Guardian Council to provide regulatory oversight of the recruitment, management and administration of litigation guardians in Bermuda.”
Minister Weeks noted that a litigation guardian from CAFCASS was recently appointed by the Family Court in Bermuda on an unpaid basis to provide an objective review of the circumstances related to a family matter in the best interest of the child concerned.