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Dáil Éireann debate -
Thursday, 7 Dec 1995

Vol. 459 No. 5

Adjournment Debate. - Children in Residential Care.

I am very pleased at the efforts being made in the Department of Health to implement the Child Care Act and to deal with child care issues. However, I am concerned at the emerging evidence of ongoing disclosures of abuses of children who have been in residential care. We have had a series of investigations, following allegations, by the health board in Dublin and others throughout the country. I understand more evidence is emerging on what happened in Trudder House, County Wicklow. Will the Minister inform us of the information he has on this home and how he intends to act on the issue? Trudder House in the past catered for children with severe difficulties. It will be pretty disturbing if it emerges that they have not received the care, protection and care to which they are entitled. It is critical that children who come into care — there are 3,000 children in care, with approximately 800 of them in residential care — receive the highest possible standard of care and protection that the State can provide if it is to take the place of the family. It is very important that we take every possible step to ensure that abuses such as those that allegedly took place in Madonna House, perhaps in Trudder House and other residential homes never again happen to children placed in care. The way to ensure that children in residential care are protected and that the highest standards apply is to publish the recommendations from the investigation into Madonna House as soon as possible. When is the report on the investigation into Madonna House likely to be published? Does the Minister believe that what we have learned from the Madonna House investigation will inform policy in future on the management of residential homes and will an independent inspectorate for residential homes be established? It is very important because so many homes are now run by health boards, not voluntary groups, and health boards cannot investigate themselves. Such an inspectorate staffed by experienced practitioners would bring, through working together, a comprehensive and integrated view of how services should be developed to the highest standard. It would replace the ad hoc system of inquiries and investigations which has produced no independent report on allegations of deficiencies in the child care services.

Independent reporting to the Minister would enable a clear understanding of where State or voluntary services fail children or any other vulnerable individuals. The impact of an inspectorate would show to ordinary people that confidence in public and voluntary services is justified as in the vast majority of cases staff are dedicated to the highest standard of care. This would be supportive of staff. The staff in residential homes need support because many feel under siege.

In a number of related areas, the new guidelines on child sexual abuse must be monitored and evaluated in an ongoing way. Health boards must be monitored to ensure they have written procedures for the management and investigation of child abuse. This was recommended by the Kilkenny investigation. It is also very important that joint training be initiated by the Garda Síochána and health boards to train staff, particularly social workers, to ensure that the new guidelines published earlier this year are being implemented properly. There is a need for clearer procedures where complaints are made against staff members and employers and trade unions must be involved in working on these. The constitutional review group must consider whether a statement on the constitutional rights of children should be included in a new constitution.

I am concerned that the most vulnerable children should not suffer further when taken into care. We must ensure the highest standards and understand the danger of closed institutions, as we have seen clearly from the past. I appreciate that the majority of staff in residential homes work very hard in difficult circumstances.

I share the Deputy's concern about recent revelations of abuse of children in residential care. However, it is important not to lose sight of the excellent work being performed by residential care staff, the vast majority of whom are above reproach and share our revulsion at the very idea of children being abused while in care.

I assure the House that a number of measures have been and are being taken to try to guard against the abuse of children in residential care. Under the Child Care Act, responsibility for monitoring standards in children's residential centres operated by voluntary bodies rests with the relevant health boards while responsibility for monitoring standards in centres run by health boards rests with the Department of Health. The Act does not provide for the establishment of an independent national inspectorate of children's residential centres.

New regulations under the Child Care Act in relation to the placement of children in residential care by health boards came into force on 31 October 1995. At the same time, 44 sections of the Act were brought into operation.

The regulations require health boards to satisfy themselves as to the standards in children's centres. Health boards are required, among other matters, to satisfy themselves that appropriate standards, care practices and operational policies are operated in residential centres catering for children placed by the boards. The regulations also require health boards to visit, supervise and review children in their care on a more systematic basis than before.

In particular, the regulations require each health board to: satisfy itself that adequate arrangements are in place at each residential centre to guard against the risk of injury and for the reporting and recording of accidents and injuries affecting children residing there; satisfy itself that procedures are in place for the prompt notification to the board of significant events affecting children placed there by the board; arrange for the supervision of children placed in residential centres by the board, requiring that a child be visited as often as may be necessary, but the maximum intervals between visits will be three months during the first two years of the placement and six months thereafter; and arrange for the periodic review of each child placed in a residential centre. Reviews will be carried out at intervals not exceeding six months during the first two years of the placement and thereafter at least once in each calendar year. The new regulations also empower an authorised officer of the health board to enter and inspect a children's residential centre, as required, and to take the necessary action to ensure compliance with the regulations. Furthermore, the regulations permit the inspection, by a person acting on behalf of the Minister for Health, of the practices and procedures operated by a health board in relation to the provision of residential care services.

In addition to the regulations, my Department has also circulated a draft guide to standards in children's residential centres. This provides advice to all agencies concerned with the provision of residential care for children on the standards which should obtain in such centres. The guide addresses a range of issues relating to residential care and pays particular attention to the need to ensure that children in care are not exposed to any risk of abuse. The guide highlights the importance of agreed child protection procedures for residential centres which would define policy in relation to the prompt reporting and investigation of any suspicions or allegations of abuse or neglect of children while in residential care. Such a policy would also ensure that staff are equipped with the necessary skills to recognise and deal with any signs or symptoms associated with bullying, scapegoating, harassment or abuse.

I should also mention that new directions have been issued in relation to the recruitment and selection of staff for children's residential centres. Under these directions employers must obtain Garda clearance on all staff being considered for appointment to a children's residential centre. These directions have recently been extended to include the recruitment of staff to any area of the health services where they would have substantial access to children or vulnerable individuals.

I believe that the various measures we are taking will go a long way towards ensuring high standards of care in all children's residential centres and in promoting and protecting the welfare of children in residential care.

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