Skip to main content
Normal View

Dáil Éireann debate -
Thursday, 11 May 2017

Vol. 950 No. 2

Priority Questions

Aftercare Services Provision

Anne Rabbitte

Question:

1. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs the number of young persons under and over 18 years of age that were on a waiting list to access an aftercare worker at the end of 2016 by area, in tabular form; the average length of time a young person spends on the waiting list before gaining access to an aftercare worker; and if she will make a statement on the matter. [22522/17]

I wish to ask the Minister for Children and Youth Affairs about the number of young persons under and over 18 years of age who were on a waiting list to access an aftercare worker at the end of 2016 by area, in tabular form, and the average length of time a young person spends on the waiting list before gaining access to an aftercare worker.

Tusla has informed me that in 2016, a total of 605 young persons left care that year - the reason for this being that they had reached 18 years of age. At the end of 2016, Tusla has indicated that 1,055 young persons in care were aged 16 or 17 years of age. Of these 432 - 41% - had been allocated an aftercare worker. Tusla has advised that it does not collate data on the waiting periods before an aftercare worker has been assigned. I have made the tabular data requested by the Deputy available for inclusion in the record of the House.

Each year, between approximately 500 and 600 young persons will turn 18 years of age while in care. In recent times, I understand that about 75% of 17-year-olds in care were in foster placements while a further 20% approximately were reported to be placed in residential settings. The remaining 5% are in other settings, for example, a disability setting or supported lodgings.

I am conscious that the transition to independent adulthood can be challenging for many young people. This is particularly true for children and young people in care. Planning for leaving care needs to begin in the years prior to leaving care and continue as part of the care planning process. This preparatory work is facilitated by a social worker and is based on collaboration with the young person, their carers and partner agencies. It is specific to the individual young person's needs. During the preparation for leaving care an aftercare worker is introduced to the young person. They are involved in the preparation for the leaving care process. Tusla prioritises children in residential care and short-term foster care for the early allocation of an aftercare worker. Children in long-term foster care with an allocated social worker have their aftercare plan developed with the social worker.

Additional information not given the floor of the House.

If their plan is to remain living with their foster carers, on a case-by-case basis, it may be considered best practice that they would be allocated an aftercare worker when they are in their 17th year. I believe this is a pragmatic approach which matches needs to available resources.

Children 16 and 17 years with an allocated aftercare worker at end December 2016:

Area

Number of 16 and 17 year olds in care

Number with allocated aftercare worker

Dublin South East-Wicklow

48

33

Dublin South West-Kildare-West Wicklow

91

31

Dublin South Central

62

8

Midlands

63

49

Dublin North City

121

26

Dublin North

56

27

Louth-Meath

70

39

Cavan-Monaghan

19

10

Kerry

24

17

Cork

143

52

Carlow-Kilkenny-South Tipperary

70

6

Waterford-Wexford

59

20

Donegal

29

19

Sligo-Leitrim-West Cavan

22

22

Mayo

20

20

Galway-Roscommon

63

24

Midwest

95

29

National Total

1,055

432

I thank the Minister for her response. The goal of aftercare was to introduce a statutory duty on Tusla to prepare an aftercare plan for young people. I have been spokesperson for children and youth affairs for 12 months and in those 12 months, I cannot say that I have been convinced that it is being delivered. I have to hand last year's Empowering People in Care, EPIC, report, which spoke about how young people do not get access to aftercare. We do not even collate the data and do not have a proper system for understanding who is being identified as needing these social care workers. There are huge gaps and anomalies. While I appreciate that Tusla is doing its best to organise planning, there is no connectivity between social care workers. Some young people might only meet for the first time the social care worker who is writing their aftercare plan. This sort of engagement is leading to children ending up on council housing waiting lists straight after leaving residential care.

On the Deputy's comments about moving forward, particularly entitlements to aftercare plans for children in care, as she is aware, there are pending amendments to the Child Care Act 1991 that will place a statutory obligation to provide an aftercare plan before the young person leaves care. I intend that this provision will be commenced with effect from 1 September 2017. I have secured the funding needed to recruit additional aftercare workers to enable Tusla to deliver this new commitment in full. In some situations, the child's social worker may continue in the role of an aftercare worker when the child reaches 18 years. My Department working to implement the changes that are needed. There is no doubt that improvements are needed and I intend to ensure that they happen.

Hearing that funding has been secured is welcome but could we look at this in a different way? When I hear about Youth Advocate Programmes, YAP, Ireland Ltd, the wonderful work it does and how it is trying to source funding for advocates, I wonder why we are not investing in the groups that are already there. Why do we not give funding to EPIC and YAP? We know there is a shortage of social care workers and that we are struggling to recruit them but we know we have good agencies that can work with and empower young people. We do not need to reinvent the wheel. What these organisations are looking for is funding. Why do we not get behind these organisations and give them the support they need? They are on the ground and know this system and how it works. The fact that we do not have the personnel to fill the posts shows that it is one thing giving funding but, regrettably, when we cannot hire the personnel, we are still left with the same problem so we are not moving forward and I have a huge concern about this.

I appreciate the work of EPIC and organisations like it. We are supporting them. In terms of our statutory and legal responsibilities relating to children in care and in aftercare, I have been informed by Tusla that 18 aftercare managers will be recruited. Each manager will manage one of the 18 teams across the country. The composition of each team will be based on Tusla's analysis of the requirements of the area. For example, it may be appropriate, particularly in rural areas, to retain the social worker allocated when the young person was in care on the aftercare team. I know Tusla has given aftercare a high priority in respect of its business plan, which I have requested. Among the plans to improve outcomes in the area are the implementation of the national aftercare policy through area-based dedicated aftercare teams, as well as the continued roll out of a inter-agency aftercare steering committee in all areas, which will be there to work with and in collaboration with the groups identified by the Deputy.

Child Detention Centres

Donnchadh Ó Laoghaire

Question:

2. Deputy Donnchadh Ó Laoghaire asked the Minister for Children and Youth Affairs the expected date for the publication of the review into Oberstown juvenile detention centre; and if she will make a statement on the matter. [22486/17]

Baineann sé seo leis an ionad i mBaile an Oibricigh. This question regards the report on Oberstown juvenile detention centre, a matter which has been raised by many Deputies in the House and at committee meetings. The report is now substantially overdue. It was due to be published on 20 December 2016. I ask the Minister to make a statement on the status of the report.

I understand the Deputy's question relates to the report on the operational review that was commissioned by the Oberstown board of management. It is one of a series of reports commissioned by Oberstown with the aim of improving services and ensuring good practice for the children and young people.

Four independent reviews have been commissioned by the Oberstown board of management, including the operational review and reviews of security, behaviour management and health and safety. The security and health and safety reviews have issued reports to the Oberstown board of management, while the behaviour management review is expected to report in the near future.

The operational review was a snapshot study undertaken within a particularly short timeframe and designed to help the campus to constructively move forward. I want to ensure that the report's recommendations are implemented as appropriate as soon as possible. The chair of the board has indicated to me that many of the recommendations have already been implemented, that they mirror recommendations from the other reports and are very much in keeping with the approach advocated by the board of Oberstown, national policy and my own views. An action plan adopted in January 2017 continues to drive improvements on the Oberstown campus.

In considering the operational review report, it is important to guard against any potential legal risks and unintended consequences of publication. The board commissioned independent legal advice which it is currently considering. A decision on publication will be made as soon as possible.

To ensure full consideration of recommendations made in all of the reviews I have established an implementation group chaired by Professor Kilkelly with representation from Oberstown staff and management, my Department, the IMPACT trade union and a child development expert. The group is tasked with analysing the recommendations of each of the reviews with a view to their implementation while taking account of resource and policy implications. The implementation group regularly reports on progress to the board of management and to my Department.

I thank the Minister for her response. Last Tuesday there was due to be a conference in Smock Alley on the future of Oberstown to which many Members were invited. That event was cancelled. I had expected that in that context and close to that date, the Minister might publish the independent review or at least make a statement on the matter. The Minister is correct that I am referring to the operational review. It would also be of value to be updated on the other reports.

The operational review was first due to be published on 20 December 2016. Next week, there will have been a six-month delay in its publication. That is not good enough. I understand that there are legal consequences and things that need to be taken into account. However, this was a matter of considerable public debate, concern and interest. Oberstown staff and management also have a considerable interest in the report. While there has been some progress, the Minister has not even given a ballpark timeframe for publication. She has said publication will be after legal advice has been considered and all issues have been dealt with. We need a sense of when the report will be published. It is already six months overdue.

I appreciate the Deputy coming back to me with that question. The report and its recommendations have been produced. The implementation group which I put together is considering them in the context of the recommendations made by the two other reports which have been completed and the fourth report, which is expected in the near future.

The event to which the Deputy referred has been rescheduled and will take place on 29 May. At that stage there will be an opportunity to hear about the progress made and the implementation of the key recommendations of the various reviews that are promoting improvement in Oberstown. I hope that there will then be an opportunity to see the recommendations of the operational review.

We need a more concrete commitment to when this report will be published. This process cannot go on indefinitely. I ask the Minister, if she can, to give a more specific indication of when it will be published.

The cessation from 30 March onward of the practice of putting persons under the age of 18, whether on remand or on committal, in adult prisons was a welcome development. It is a very welcome step. In the context of issues in regard to facilities and buildings in Oberstown, we need to know that everything is in place to allow that cessation to happen. Mercifully, the current number of detainees in Oberstown is lower than it was several months ago. It has fallen from the mid-30s to the mid-20s. If that number were to change and were there to be a full cohort of 17 year olds in the facility, all units would have to be open to ensure that the facility could work to the best of its ability. Can the Minister ensure that all units will be open as soon as possible and all required resources will be available to Oberstown to ensure that this additional cohort and all children in such a situation are kept and educated in Oberstown and that the facility is capable of doing so?

The report is with the Oberstown board of management, which is seeking legal advice. It is not my place to step into that process but I hope and expect that the board will soon make decisions on the report. It is in everyone's interest to await legal advice before proceeding. As the Deputy has indicated, there has been much positive news in regard to youth justice and Oberstown, such as the ending of the practice of children being sent to adult prisons. There is also a new bail supervision scheme that is contributing to the reduction in the number of detainees in Oberstown. It is difficult to say that this indicates a trend. There have been improvements to the units in Oberstown and an increase in its perimeter security. Part of the work of the implementation review group has to do with ensuring the required units will be put back in place in Oberstown. The number of detainees there is considerably lower than previously.

Child Care Costs

Anne Rabbitte

Question:

3. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs her views on widespread forecasts that child care fees will increase in September 2017 as a result of increased demand under the single affordable childcare scheme, in view of the fact that up to 9,000 households that were initially promised targeted levels of subsidy will now receive the universal level of subsidy. [22523/17]

I ask the Minister for Children and Youth Affairs her views on widespread forecasts that child care fees will increase in September 2017 as a result of increased demand under the single affordable childcare scheme in view of the fact that up to 9,000 households that were initially promised targeted levels of subsidy will now receive the universal level of subsidy.

I do not anticipate widespread increases in child care fees as a result of increases in subsidies this September. There is no evidence of plans to increase fee levels. Fees charged to parents are at the discretion of child care providers, who operate independently of the State. There are many factors that influence the fees charged, including a range of cost pressures and market forces. There are many reasons why a child care provider may raise its fees, in particular if child care fees have changed very little in recent years. While I do not expect a widespread increase in fees, my Department will actively monitor the trends over time.

The policy paper on the affordable childcare scheme, ACS, which the Government approved last October examined the option of imposing price caps on child care providers to prevent the erosion of subsidies through fee inflation. The policy paper noted that among the potential benefits of price caps would be preventing fee inflation and providing certainty for and equity between parents. However, it also noted problems that might arise. The introduction of price caps would represent economic regulation of the market. That would raise legal and economic questions as to what constitutes a fair price for child care. The policy paper recommended that there should be no initial price cap but the option of price caps should be considered following the independent review of costs and an examination of the initial market response to higher subsidies. The independent review to be commissioned later this year will include an examination of variation in costs and fees. It will be a key input into any future consideration of the potential benefits and risks of introducing price caps.

Estimates of take-up of the September 2017 measures suggest that up to 70,000 children will benefit from the improvements I am making. The fact that so many children will benefit from subsidies this September is a very positive development and represents a significant precursor to the affordable child care scheme when even more families will benefit. I am hopeful that the Bill on the affordable child care scheme will be published before the summer recess. I cannot guarantee this but we are working very hard to make this a reality before mid-July.

I thank the Minister for her response. The reason I asked the question, in light of the fact the scheme would be in before September 2017 and the fact that people were led to believe what their entitlements might have been, is that there will be a gap between the qualifications for certain families. There are approximately 9,000 families more or less who will not qualify but who will get the subsidy. Fees are not publicly displayed and are quite hard to get. There is no databases as to what the standard is throughout the country for fees. Given that there is so much talk about the sector around wages and the difficulties of recruitment and retention of staff in the sector, this might have been seen as an opportunity by some employers or crèches to pass it on directly to staff. My concern is around the numbers of people who will not be receiving anything other than the 50 cent per hour. If the subsidy is passed on directly to the staff then the parents would have the shortfall, leaving them worse off than they would have been in the previous year.

The Deputy highlights the point that not all families will receive subsidies. This, in itself, will be a factor that child care providers must take into account when setting their fees and in deciding to raise or not raise the fees.

The Deputy spoke of the numbers of families who may not benefit right away in September because we will not have the full affordable child care scheme that we had hoped and intended to have by then. We are estimating that it is possible that up to 9,000 children and their families may not be eligible for some subsidy this September, but these are families who are really closest to the threshold of the affordable child care scheme. It is, however, an estimate because it is impacted by fees and whether or not families choose to engage in the use of child care providers who are registered so they can access the subsidies. It must be stressed that the potential number of children and families in this regard is an estimate and we cannot be more precise in advance. We will monitor that, as I have indicated, for any possible chance of increase in fees.

This all hinges on when the ICT infrastructure is up and running - in 2018 or whenever the Minister can indicate that it will be up and running. Will those parents then be in a position to get payments backdated if there was a difference in the fees during the year? They have been disenfranchised in the 12 months from 2017 to 2018. I know they will receive the universal level of subsidy, but it was announced in Budget 2016. Will the Minister say if it will be backdated? If they thought they were going to be treated equally it would be a comfort for the parents. The 9,000 families I speak of, and the Minister has hinted at this, are in the gap between those who have the medical card and those who have the GP visit card. Is there going to be any retrospective payback for these families?

Most of those 9,000 families that may not benefit, and who we had anticipated could benefit, would have incomes that are near the maximum income threshold for the affordable child care scheme. They would have received low levels of subsidy under the affordable child care scheme. It is not possible to specify the precise income levels that may be affected as the means test for the GP visit card takes into account not just the family's income but also the amount the family spends on housing costs and child care costs and other expenses. Based on the HSE data on the typical family incomes of GP visit card holders it is estimated that on average this group may have received in the region of €12 per week subsidy. That is on the basis that they have full-time child care so it is not necessarily the case that everybody is going to lose that amount. What we will do in September 2017 is a massive improvement and a very big first step. I am not going to say "Never say never" to taking a look at the possibilities of the retrospective issue, but it is really important to accept and acknowledge that this is a huge leap forward and we are moving towards it. It is not just about getting the IT right: obviously we must pass the legislation also.

Social Workers Recruitment

Jan O'Sullivan

Question:

4. Deputy Jan O'Sullivan asked the Minister for Children and Youth Affairs the status of the recruitment of social workers for children in care who still have not been allocated a social worker; the actions she will take to ensure that such children are allocated a social worker without delay; and if she will make a statement on the matter. [22524/17]

My question relates to children in care who have not been allocated a social worker and I have raised this issue with the Minister before. These are obviously very vulnerable children and there seems to be a real difficulty in meeting targets for recruitment of social workers. Perhaps the Minister could give an update on that situation.

This is an important issue. It is a continuing priority of mine to address the problem of children in care who do not have an allocated social worker. I am informed by Tusla that 99% of children in residential care and 100% of children in special care have an allocated social worker. However, I am concerned to note that 7% of children in foster care do not have an allocated social worker. When social workers are being allocated, children recently received into care and those with mental health issues, a disability or challenging behaviour, are prioritised. Tusla is also focusing on intervening at an early stage of a family difficulty through social care and family supports.

When a child who has not been allocated a social worker is placed in foster care, the placement is closely monitored and supported by the duty social work team. In addition, I have been informed that the child's foster family will be visited by a link social worker. This link worker will have oversight of the child's welfare until a social worker can be allocated.

I place a high priority on addressing the number of children in care who are without an allocated social worker. I secured additional funding for this purpose in 2017, and Tusla is now in the second year of a three-year plan to ensure the allocation of a social worker to all children and young people who need one. The recruitment environment for social workers is very challenging.

My Department will continue to monitor progress closely in this regard. I will continue to engage directly with the Tusla board and senior management team over the course of the year to review the progress being made in reducing the numbers of children in care who do not have an allocated social worker.

I thank the Minister. I note that we have been invited to the launch of Tusla's new child protection and welfare strategy on Monday week. I do not know if measures will be announced then. I believe they need to redouble their efforts. I do not know what methods they use to recruit social workers but I have made the point before that there are many people in the State who are qualified social workers but who do not work in social work. Some of these would be relatively mature people. There is a very big turnover of people, some very young, working in this very challenging area. I hope Tusla will look at other ways of recruiting.

There is an article in today's media about the report of the independent national review panel in respect of children who died while in State care or who were known to social services. The chair of the panel, Helen Buckley, said "Some of these reviews reveal the level of pressure being experienced by social work departments due to increased reporting and shortages of staff." Clearly it is a real concern and I know it is a concern also for the Minister, but we need to see a sense of urgency about ensuring we have enough social workers in the system. They are dealing with really vulnerable children. I ask that the Minister draws this question to the attention of Tusla.

Yes. Of course I am aware of the national review panel report. It adds to the motivation and the need to ensure a redoubling of efforts in recruitment and retention. I am indicating that I also do not find it acceptable and I agree with the Deputy in this. In addition I acknowledge, and may have previously pointed out, the aspects of the actions Tusla is taking to recruit and retain staff.

I may refer to some of those actions later in response to another question. It is important to recognise that all children in care are risk assessed. Those at the highest risk are allocated a social worker. We also have duty social work teams carrying out monitoring, as well as link social workers. It is not as if the children are without social workers. It is part of the effort to ensure the children who are in care without a specifically allocated social worker are not at risk in respect of their care.

I understand the efforts that are being made and that there is a team in place. However, we are talking about extremely vulnerable children. The targets would not exist if there were not an understanding that they are required. When people who work in this particularly stressful and difficult job are contending with understaffing, their work becomes more stressful. It becomes a vicious cycle in respect of being able to retain staff when they are dealing with such pressurised work along with inadequate staffing. I urge the Minister to consider whether there may be other ways of recruiting. The recruitment efforts may need to be rejuvenated in some way. We have to ensure we have an adequate number of social workers.

I agree with the Deputy. Relatively recently, I met the Irish Association of Social Workers, a professional organisation. I examined many of these issues and the suggestions it put forward. In respect of the ability to recruit, Tusla is implementing a national transfer policy. To assist retention and the attractiveness of Tusla as an employer, it has put in place a transfer mechanism to facilitate social workers wishing to relocate to another part of the country. If a post is offered for an area other than the one in which the person lives, the possibilities at regional level are being considered in order for him or her to take a post where he or she lives. Tusla is also providing continuing professional development according to the 2017 business plan, which expects to deliver more than 650 courses by the end of the year. There are efforts being made by Tusla in respect of retention as well as recruitment to support the children in care.

Child and Family Agency Services

Anne Rabbitte

Question:

5. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs the number of cases relating to adult retrospective disclosures that have been referred to Tusla since 2011; the number which remain unallocated; and the number of these that are deemed high risk. [22525/17]

This is to ask the Minister for Children and Youth Affairs the number of cases relating to adult retrospective disclosures that have been referred to Tusla since 2011, the number which remain unallocated and the number of those that are deemed to be at high risk.

A historical or retrospective disclosure is where an adult discloses abuse experienced in childhood. I understand that the overwhelming majority of such disclosures are about sexual abuse. Tusla has advised me that there were 1,895 historical and retrospective cases on hand at the end of March 2017. Tusla has also indicated that, included in these cases and during the first three months of this year, it received 354 reports from adults about past abuse. Of the cases on hand, 1,141 were allocated to a social worker and 754 were awaiting allocation. All these referrals have been reviewed by a social worker and 120 have been categorised as high priority. While this is a very complex and worrying situation, the safety of children now is my top priority.

It is very important to point out that all child protection referrals which allege current or past criminal activity are referred to An Garda Síochána. Tusla's focus is to screen historical and retrospective disclosures for any indication of current risk to children. In cases of urgent need, the disclosure is acted on immediately. Tusla has a limited role where there is no evidence of a current risk to children. In respect of the adult making the disclosure, Tusla may assist him or her in accessing HSE counselling services.

Tusla's policy in assessing risk relating to an adult about whom an allegation of sexual abuse has been made is strictly guided by the principles set out in the Barr judgment. In such cases, the person must be informed of the nature of the allegation and the identity of the person who is making the complaint. Tusla must adhere to the practice of due process and fair procedure.

Tusla has put in place a service improvement plan, with experienced social workers dealing with the high priority cases. Medium and lower priority cases will be dealt with by social workers drawn from other services and provided with training and supervision. I have asked Tusla to report to me monthly on the progress it is making.

I thank the Minister for her response. I, too, acknowledge that it is a very complex issue. Although I have a script in my hand, I feel compelled to depart from it. People do not realise the gravity of this matter. It is about what happens when a person makes a disclosure in adulthood about an incident that happened during childhood. The person has found the courage to come forward, yet we are saying it is a matter for An Garda Síochána and that Tusla has dealt with it fully in recording the disclosure. Having made that first step, the person has to come forward again to ask An Garda Síochána to take up the mantle. Although the person about whom the disclosure has been made could still be actively involved in the community, childminding, working in the local GAA club or whatever, Tusla has done its job, dotted its i's and crossed its t's, and sent the discloser on to the Garda. The discloser has been kicked back again and may lose his or her courage.

We need to tighten up on the roles and responsibilities between Tusla and An Garda Síochána. There should be a bridging period in terms of people's age, for example, if somebody aged 18 or 19 has gone to college and sought independent counselling and support outside the family for the first time. We should be encouraging such people.

I take Deputy Rabbitte's points. It is important to have ongoing collaboration between Tusla, An Garda Síochána and, in terms of counselling services, the HSE. My response focuses on the legal responsibility of Tusla in this regard and on identifying where there are other responsibilities there too. In her follow-up question, the Deputy suggested that the ways in which these responsibilities are defined may leave those who have taken the decision to contact a statutory agency and make a disclosure feeling that they may not get the proper supports and services. My understanding is that there is a process that people go through when contacting Tusla. They are supported in that regard.

From Tusla's perspective, the most important thing is to identify whether there are any children currently at risk. Tusla also provides referrals where HSE counselling supports are required, as well as support for the person to go to An Garda Síochána. That is not to say that the systems are perfect. I am trying to indicate clearly what Tusla's responsibilities are.

I thank the Minister. Adult disclosure referrals are being categorised as low priority. I asked the chief executive of Tusla when he was before an Oireachtas committee recently how adult disclosures are categorised, and they are low priority. That set off alarm bells for me. I still think about the children who are at risk.

We need a strategy that seeks to educate, create awareness and encourage adults who have experienced abuse to come forward and thereby reduce child sexual abuse. We also need to use the information to protect further generations of children and young people from abuse. This is one of the dark parts of our history. The Minister and I and all Members of the Oireachtas will be defined by how we address these matters. We must bring all agencies together to clear the retrospective and historical cases as quickly as possible. I have requested that we have a section within Tusla that is singularly responsible for retrospective cases in order that we can clear the backlog.

I agree with Deputy Rabbitte in that regard. What I am trying to indicate is how to identify risk or possible risk to children and to protect them. Adults who request or who would benefit from counselling or other supports are directed to the HSE or other counselling bodies that support victims of abuse.

I am keen to emphasise a point I indicated in my answer. If someone comes to Tusla and goes through that process, in keeping with the Barr judgment, Tusla is obliged to write to the person against whom the allegations have been made where there is sufficient information to do so. This is going to result in a large number of letters issuing around the same time from the end of quarter 2 or the beginning of quarter 3 in 2017. It is likely to raise public awareness.

It is important the public and the media understand the process Tusla is obliged to follow in respect of writing those letters. The aim of the process is to balance the safety of children and fair process for a person against whom an allegation is made. My Department and Tusla will work together closely on a communications strategy to provide assurances on these matters relating to public information.

Top
Share