Judge expresses concern over Ireland’s provision for children in state care

A judge has warned that Ireland’s Child and Family Agency (Tusla) is at crisis point, saying there is a shortage of both suitable placements and qualified staff.

District Judge Dermot Simms has written to Government ministers and state agencies to express his “utmost concern” for minors in the care of the state, and warned that Ireland is likely to face claims in the future for failing to comply with its duty to these children.

He outlined a number of potential reasons for the crisis.

They include the Health Service Executive’s inadequate planning for discharge from involuntary detention in special care; the need for school places and assessments; the inadequate provision of third-level places to ensure Ireland has enough qualified social workers; and communication between Gardai and Tusla where there have been complaints of child sexual abuse.

He referred to two cases – one involving a nine-year-old boy and another involving a six-year-old girl placed in unsuitable accommodation – which he said are typical of the cases that are before the courts on a daily basis.

He cited evidence that suggests special emergency arrangements are unapproved and unregulated, and that there are between 120 and 130 children without a placement.

He also raised concern about parents not having access to free legal aid, “notwithstanding that the (Child and Family Agency) are seeking to remove their children from their care”.

The Child Law Project published the letter along with 67 reports about cases involving children in state care, raising concerns with interim care, extensions of orders, and separated children, among other issues.

Tusla’s interim chief executive, Kate Duggan, said the reports show the “unprecedented challenges” the state agency faces, adding that increasing numbers of children with complex needs are being referred to it.

Ms Duggan said the reports also highlight the work of Tusla staff in seeking to provide “the best possible level of service within the resources available”.

“Today’s publication also evidences the unprecedented challenges that the agency faces, including an increasing referral rate (almost 83,000 to Tusla’s Child Protection and Welfare Service alone), an inadequate supply of emergency and alternative care placements (foster care and residential care), an increase in the number of separated children seeking international protection, and workforce supply issues, particularly in social work and social care,” she said.

“We have also noted an increase in the number of children and young people with more complex needs, who also require access to other specialist services, such as disability, mental health, and addiction services to better meet their needs.

“This increase in demand for services, in the context of wider societal issues such as the housing crisis, global movement, poverty, domestic and gender-based violence, drugs, criminality and exploitation, have placed the agency at a crisis point.

“However, we continue to work hard to mitigate risks, and to engage with other state agencies and departments, to seek to ensure that the most vulnerable in our society receive a timely and appropriate response.”