Assessment and expert witness services

Section 47 reports provide the court with an independent assessment of matters affecting a child's welfare. The court may order a report on its own initiative or following an application by a party to the proceedings.

Depending on the court's directions, the assessment may involve meeting parents or guardians and children, observing family interactions, reviewing relevant information and consulting other professionals. The report presents findings and recommendations to assist the court in its decision-making. The author may also be required to attend court to give evidence.

Section 32 allows the court to obtain an expert report on a child's welfare, to appoint an expert to ascertain and convey the child's views, or both, in proceedings concerning guardianship, custody or access.

A welfare assessment considers the child's needs, family circumstances and matters identified by the court. A "voice of the child" report provides an opportunity for the child to express their experiences, wishes and feelings in a supportive, age-appropriate setting. The expert works independently, considers the child's age and maturity, and remains attentive to any pressures or influences affecting the expression of their views.

Under Section 20, the court may direct Tusla, the Child and Family Agency, to investigate a child's circumstances where it considers that a care order or supervision order may be appropriate.

The investigation considers the child's safety and welfare, whether care or supervision proceedings are required, and whether services, assistance or other action are needed to support the child and family. R-Space can undertake assessment and reporting work to support this process where appropriately commissioned by Tusla, within the scope of the court's directions and Tusla's statutory responsibilities.