Hidden in plain sight

The situations in which a child may come into contact with the justice system are diverse. The principle of the best interests of the child, as enshrined in international instruments, must prevail. In this chapter, two European Union countries, Spain and Ireland, are taken as case studies to explore the role of social work and professional competences in ensuring the best interests of the child. In the case of Ireland, Guardians ad Litem act as court-appointed experts. In Spain, by virtue of the law on the criminal responsibility of minors, different agents of the justice system are involved, among them is the professional figure of Social Work. In the final part of this chapter, the professional competences in intervention with minors in the field of justice are presented. In the concluding section, it is pointed out that there are differences in how the various branches of the justice system consider the best interests of minors, mainly, depending, it seems, on the nature of the minor’s situation (civil or criminal) and the jurisdictional sphere where they are located. In some jurisdictional spheres, the minor does not always have the support of a socially trained reference figure who can advise the court of the minor’s best interests.