James Ricketson: # 3 Dr Ainsworth's refusal to communicate with his client to be investigated by Guardian ad Litem Panel

Legal, Department of Communities and Justice Level 4, Henry Deane Building 20 Lee Street, Sydney NSW 2000 GPO Box 6, Sydney NSW 2001 l DX 1227 Tel 02 8346 1388 l Fax 02 8346 1804 www.justice.nsw.gov.au

Our Ref: LEGAL1864/19 Contact: GAL Coordinator

23 November 2020

Complaint regarding Mr Frank Ainsworth’s conduct as Guardian ad Litem (Sally Smith) (Proceedings No: 2018/284883)

I refer to your complaint concerning Mr Frank Ainsworth, received by this office on 19 November 2020. I note that your complaint includes the following allegations against Mr Ainsworth:

He has never met with (Sally Smith) and has ignored emails sent to him by (Sally Smith).
On 15 November 2020, Mr Ainsworth sent (Sally Smith) an affidavit dated 13 November 2020. Mr Ainsworth did not inform (Sally Smith) that she needed to read and respond to the affidavit before the mention of her case the following day.
Mr Ainsworth informed (Sally Smith) by email, at 8:20am on 16 November 2020, the day her case was listed for mention, that the Department of Communities & Justice sought an adjournment of her case to 2 December 2020. Mr Ainsworth did not inform (Sally Smith) hat her presence in Court was required.
On 17 November 2020, (Sally Smith) called Mr Ainsworth on the telephone. Mr Ainsworth said to her, “I’m not talking to you. Don’t call again” and hung up.
On several occasions, (Sally Smith) made it clear to Mr Ainsworth, in writing, that she wished her son to be restored to her care. Mr Ainsworth ignored (Sally Smith's) wishes, and without informing her in advance, instructed that restoration of her son was not being requested.
I confirm that our office is dealing with your complaint in accordance with the Guardian ad Litem Complaints Policy. Please see the link to the Policy for your reference:http://www.gal.justice.nsw.gov.au/Documents/gal_complaints_policy.pdf
I note that in correspondence to the Minister and Secretary which forms part of your complaint you state ‘ (Sally Smith's) ad Litem Guardian, imposed on her by FACS, will instruct him [the lawyer representing Ms Farrow-Pryke] without ever having met or spoken with her.’ I would emphasise that a Guardian ad Litem was provided by the Panel following an order by the Children’s Court. There are limits on what matters can be considered as part of a complaint about a Guardian ad Litem appointed on the basis of a Court order.