Children with disabilities who require residential care may be accommodated, depending on their needs, in generic residential centres, under the Child Care Act 1991 or in specialist residential services for children with disabilities.
A total of 400 children are accommodated in generic children's residential centres, under the Child Care Act 1991. Those include some children with disabilities whose needs for residential care arise out of the responsibilities of the HSE under the Child Care Act rather than because of their disability. The centres are subject to statutory inspection. The Office of the Chief Inspector of Social Services in the Health Information and Quality Authority has responsibility for this function.
The statutory framework which underpins this work is laid out in the Child Care (Placement in Residential Care) Regulations 1995. In addition, national standards for children's residential centres, set down in 2001, have been in operation and are based on the requirements of legislation, regulation and findings from research. The standards allow inspectors to form judgments about the quality of services provided in those centres. Areas covered by standards include child protection and children's rights. Currently, 227 children are placed in specialist residential centres for children of which 200 children have an intellectual disability and 27 children have a physical and sensory disability.
All services for children with disabilities are covered by the national guidelines for the protection and welfare of children, Children First, published by the Department of Health and Children. Residential centres for children with disabilities are required to ensure that there are appropriate policies and procedures in place for the identification, reporting and management of any concerns in regard to abuse of children in those centres.
In November 2007, the HSE prepared a guidance document that sets out the standards expected from all residential service providers for children with disabilities who are not placed in such settings under the Child Care Act 1991.
Additional information not given on the floor of the House.
The guidance document was prepared by a working group, comprising HSE staff, including an inspector of residential services, service providers and the National Disability Authority. The guidance document is currently being operated on a non-statutory basis.
The HSE is currently finalising a framework for the protection of all vulnerable service users, including children. This framework will include a revised definition of abuse along with standards and guidelines to ensure protection of all vulnerable service users, including children with disabilities. The proposed framework will be completed in February 2009.
The Health Information and Quality Authority which was established in May 2007, has responsibility for the development and monitoring of standards. HIQA has recently undertaken a public consultation on draft national quality standards with regard to residential settings for people with disabilities and is now in the process of finalising the standards and plan to submit them to the HIQA board in early 2009. These standards are intended for adults. HIQA has also developed a set of standards for children which has been circulated, for comment, to its national advisory committee on standards. It is expected the children's standards will be finalised in the new year.