Serious Questions Concerning Expert Reports in Irish Family-Law Proceedings: Parliamentary Warnings, Systemic Patterns and the Case for Independent Investigation
Introduction
For several years, serious concerns were repeatedly raised in Dáil Éireann about the operation of expert reports in Irish family-law proceedings, particularly reports concerning children, allegations of parental alienation, and decisions that could result in children being separated from a parent.
These concerns should not now be dismissed as isolated complaints from individual litigants.
Former Fine Gael TD Bernard Durkan repeatedly brought the issue before the national parliament. By May 2023, he said that he had more than 100 cases on his desk and that families were continuing to contact him weekly. He had also supplied a redacted sample of 16 cases to senior members of Government while calling for an inquiry.
The central question therefore becomes increasingly difficult to avoid:
If numerous apparently independent family-law cases were producing recurring concerns about expert reports, similar allegations, comparable consequences and the separation of children from parents, was this adequately investigated as a possible systemic pattern rather than merely treated as a matter of family-law policy?
That is a fundamentally different question.
Bernard Durkan’s Parliamentary Intervention
On 13 October 2022, Deputy Bernard Durkan raised concerns about section 47 reports in Dáil Éireann. He warned that the issue needed urgent attention and stated that there could be serious consequences if the activities of a particular named individual in the courts were allowed to continue. The individual's name remains publicly available in the official Dáil record and does not need to be repeated here.
Durkan did not raise the matter once and then abandon it.
On 13 July 2023, the Ceann Comhairle himself described Durkan's continued work on the subject as his “ongoing crusade.” Durkan again described cases in which mothers, and in some instances fathers, had been separated from their children for prolonged periods and questioned the operation and expertise underpinning reports relied upon in family-law proceedings.
By May 2023, reporting documented that Durkan said he had accumulated more than 100 cases and was receiving new approaches from affected families every week. He sought an inquiry and supplied a sample of cases to the Taoiseach, Tánaiste and Minister for Justice.
This is important.
One allegedly defective report may represent error.
Several unrelated reports demonstrating materially similar defects may suggest a professional or methodological problem.
A sufficiently consistent pattern across numerous cases potentially raises a different question altogether: whether conduct within the system should have been independently investigated rather than merely administratively reviewed.
Parliamentary Privilege Was Not an Investigation
Durkan's statements were made in Dáil Éireann under parliamentary privilege.
Parliamentary privilege exists so that elected representatives can bring serious matters before Parliament without being exposed to ordinary legal liability for their parliamentary speech.
However, parliamentary privilege does not determine whether an allegation is true.
Nor does the Dáil conduct criminal investigations.
The Dáil cannot substitute for An Garda Síochána where information potentially discloses criminal conduct.
Its proper functions include exposing matters of public concern, questioning Ministers, legislating, demanding accountability and seeking inquiries.
A criminal investigation is fundamentally different. It can involve gathering evidence, interviewing witnesses, examining documents and communications, testing competing explanations and determining whether a file should ultimately be submitted to the Director of Public Prosecutions.
That distinction matters greatly here.
A Wrong Report and a Deliberately Misleading Report Are Not the Same Thing
There must also be considerable legal caution.
An expert report can be wrong without being criminal.
It can be poorly researched, methodologically weak, professionally negligent, biased, based upon incomplete information or simply mistaken.
None of those matters automatically establishes criminal wrongdoing.
But a different issue arises if evidence were to demonstrate that somebody knowingly created, altered, supplied or persisted with materially false or misleading information for the purpose of improperly influencing judicial proceedings.
Irish law expressly recognises attempting to pervert the course of justice as an offence against the administration of justice.
I make no allegation here that any identified person committed that offence.
The point is narrower and more important:
Where an evidenced pattern suggested that court reports might have been knowingly or deliberately misleading, should the possibility of an offence against the administration of justice have been independently assessed?
That is properly a question for competent investigative authorities, not something that should simply be decided within political debate.
Why a Pattern Changes the Evidential Question
A repeated pattern matters enormously.
Suppose several unrelated cases reveal some combination of:
substantially similar factual inaccuracies;
important evidence repeatedly omitted;
serious allegations being characterised in the same manner despite different circumstances;
conclusions unsupported by the material recorded in the case;
the same disputed concepts repeatedly determining outcomes;
children expressing views that were subsequently discounted or reinterpreted;
reports exercising decisive influence over custody or access;
repeated concerns about the qualifications or methodology of assessors;
complaints being made but the same practices continuing.
No single feature establishes wrongdoing.
But when multiple independent cases repeatedly exhibit substantially similar features, it becomes reasonable to investigate whether the pattern has a common explanation.
That is how systemic problems are normally identified.
The appropriate response should not be to presume guilt. Equally, it should not be to presume that every occurrence was an unrelated mistake.
The evidence should be examined.
The Consequences Were Potentially Enormous
These were not disputes about insignificant administrative documents.
Expert reports in family proceedings can materially influence judicial decisions affecting where a child lives, which parent has custody, what access takes place and, in extreme situations, whether a child continues to have a meaningful relationship with a parent.
That makes accuracy, independence, transparency and professional competence exceptionally important.
In 2024, investigative reporting also documented concerns about the use of so-called “immersion therapy” in some cases. A senior Tusla manager had expressed concern about the practice, and Durkan supplied information arising from his review of multiple cases.
This does not establish misconduct by any individual.
It does, however, reinforce the proposition that Durkan was identifying concerns extending beyond a single dissatisfied litigant.
Government Eventually Acknowledged That Reform Was Necessary
It would be inaccurate to say that absolutely nothing happened.
The Government ultimately took significant steps.
In May 2023, the Department of Justice published commissioned research and a policy paper on parental alienation. Importantly, the research identified challenges concerning assessment and expert reports in the family courts. The resulting policy recommendations included examining how expert reports were conducted, what they contained, how assessors were appointed and what additional training was necessary.
This was followed by a major Review of the Role of Expert Reports in the Family Law Process, published on 13 June 2024. It examined the commissioning, availability, content and use of expert reports and produced 20 recommendations for reform.
Government subsequently allocated funding and created structures intended to implement those recommendations.
Then, on 16 April 2026, new Judicial Guidelines on the Commissioning, Preparation, Content and Usage of Expert Reports in Family Law Proceedings were published. Those guidelines arose directly from the 2024 review.
That sequence itself is significant:
2022: serious parliamentary warnings.
2023: more than 100 cases reported by Durkan and calls for an inquiry.
2023: Government policy paper identifies problems surrounding assessments and expert reports.
2024: comprehensive review produces 20 recommendations.
2024–2025: implementation structures and funding established.
2026: formal judicial guidelines governing expert reports introduced.
This does not prove that earlier reports were deliberately misleading.
But it demonstrates conclusively that the system itself was considered sufficiently problematic to require substantial reform.
The Critical Unanswered Question: Was Any Criminal Referral Considered?
The central unanswered question is therefore not whether government eventually reformed the system.
It is:
Were any individual cases examined to determine whether the conduct disclosed went beyond inadequate professional practice and potentially into deliberate interference with judicial proceedings?
I have found no public evidence establishing that Durkan's dossier, or the specific concerns he repeatedly raised concerning expert reporting, resulted in a formal Garda investigation into whether any report had been deliberately falsified or knowingly presented in a misleading manner.
Absence of public evidence does not prove that no referral or investigation occurred.
Family-law proceedings are highly private, and Garda investigations may themselves not be publicly disclosed.
Accordingly, the appropriate question is:
Was the material ever referred to An Garda Síochána, or otherwise independently assessed, to determine whether any individual case disclosed evidence capable of constituting an offence against the administration of justice?
If not, why not?
Transparency and the “Behind Closed Doors” Problem
Family-law proceedings have historically operated under substantial privacy restrictions. Protection of children and family privacy is essential, but secrecy can also make identification of patterns considerably more difficult.
The Department of Justice itself has subsequently commissioned research into the operation of the in camera rule and the balance between privacy and transparency in family-law proceedings. That research produced recommendations aimed at increasing transparency while maintaining protection for children and families.
This is particularly relevant where allegations concern a repeated practice.
If every case is viewed entirely in isolation, nobody may see the overall pattern.
One parent sees one report.
One solicitor sees one case.
One judge hears one dispute.
One professional deals with one family.
But a TD receiving more than 100 accounts can potentially observe similarities that are invisible when cases remain compartmentalised.
This may explain why Durkan's accumulation of cases was so important.
It does not, however, justify alleging without evidence that “the legal profession covered this up.”
There may have been institutional defensiveness, fragmented responsibility, excessive confidentiality, professional reluctance to challenge colleagues, deficiencies in oversight, or simple failure to recognise a systemic pattern.
Those possibilities deserve investigation.
A deliberate conspiracy to conceal wrongdoing is a much more serious allegation and should only be made where evidence supports it.
What an Independent Investigation Could Examine
An appropriate independent review would not begin with the assumption that anybody committed wrongdoing.
It would begin with the evidence.
It could examine whether a sufficiently large anonymised sample of contested reports demonstrated recurring features; compare claims in reports with underlying records and source material; establish the professional qualifications of report writers; determine whether contradictory evidence was consistently excluded; identify whether particular terminology or diagnostic concepts repeatedly appeared without adequate evidential foundation; examine whether complaints concerning reports were ever made and how they were handled; determine whether the same professionals repeatedly appeared across cases; and establish whether any material was ever referred to Gardaí, regulators or other investigative authorities.
Where deliberate deception was suspected, those particular files could then be referred to the appropriate authority.
This would distinguish genuine professional disagreement from negligence, systemic methodological failure and potentially deliberate misconduct.
The Role of the Legal Profession
Solicitors, barristers and judges operate within a system in which they have different professional responsibilities.
It would therefore be unfair and evidentially unsustainable to speak of “the legal profession” as a single body deliberately concealing what happened.
However, it is entirely legitimate to ask harder institutional questions:
Who saw these reports?
Who challenged them?
Who knew complaints had been made?
Were concerns communicated from one case to another?
Did professional confidentiality or the in camera regime inadvertently prevent recognition of recurring patterns?
Were mechanisms available through which a lawyer who suspected deliberate deception could make an appropriate referral?
Were those mechanisms used?
If repeated warning signs existed, did any professional body undertake a pattern analysis?
And once a national parliamentarian publicly said that he possessed more than 100 cases, who took responsibility for determining whether they disclosed something requiring investigation rather than simply reform?
These are serious but fair questions.
Conclusion
Bernard Durkan appears to have performed an important democratic function.
He repeatedly brought deeply troubling allegations concerning family-law processes into Dáil Éireann when individual parents may otherwise have had little means of exposing a possible systemic problem.
He publicly warned about section 47 reports in October 2022.
He continued raising the issue throughout the following years.
By May 2023 he said he had more than 100 cases and had supplied a sample to the highest levels of Government.
The Government subsequently commissioned research, produced a policy paper, undertook a major review of expert reports, generated 20 recommendations, funded implementation work and ultimately introduced judicial guidelines governing such reports in April 2026.
Those developments demonstrate that the underlying systemic concerns were substantial enough to merit significant reform.
But reform is not necessarily the same thing as investigation.
The unresolved public-interest question remains:
Did anybody independently examine the underlying cases to determine whether any reports were not merely wrong, inadequate or professionally deficient, but knowingly or deliberately misleading in circumstances capable of interfering with the administration of justice?
If such an assessment has already taken place, the public record should, insofar as legally possible and while fully protecting children and families, clarify that fact.
If it has not, there is a legitimate case for asking why not.
The objective should not be a presumption of guilt against any professional.
It should be the opposite:
an independent examination of the evidence capable of distinguishing mistake from negligence, systemic failure from deliberate misconduct, and allegation from fact.
Where children may have been permanently separated from parents as a consequence of expert evidence, nothing less than that level of scrutiny is warranted.