Vol. 741 No. 3
47 Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs the total number of additional social workers that were to be employed in 2011 under the Ryan report implementation plan that have been employed to date; the number of additional positions that are currently in the process of being filled; the number of additional social workers that will be in place by the end of 2011; and if she will make a statement on the matter. [26125/11]
The Ryan report implementation plan committed to the recruitment of an additional 270 social workers. Some 200 of these new posts were in place by the end of 2010, in addition to the backfilling of other vacancies which occurred.
An additional 60 social workers are due to be recruited by the HSE in 2011. These posts are at various stages in the recruitment process. Last week, in reviewing its overall approach to recruitment, the HSE prioritised some key development posts and decided to process the recruitment of these staff with a view to their taking up employment before the end of the year. I am pleased to advise the House that the 60 additional social workers have all been prioritised and included in this category of staff to be recruited by year end. This means that the HSE will be in a position to finalise recruitment of the additional social workers between now and the end of the year.
The House will be aware that in addition to the recruitment of an additional 270 social workers, the Ryan report implementation plan also contained commitments to place Children First guidelines on a statutory basis. My Department is finalising legislation to this effect and I am confident that the ongoing recruitment will provide a very sound basis for supporting Children First on a statutory footing. The additional social workers will be targeted at priority areas of the service having regard to the overall assessment of workloads by the national director, Mr. Gordon Jeyes, and his team and to support the change programme for children's services which is under way within the HSE and is being managed by its national director. This change agenda seeks to deliver the best outcomes for children and families through achieving a service delivery model that will address a multi-agency approach to managing the child welfare and protection system; a nationwide consistency of approach in practice; the implementation of Children First guidelines and children welfare protection services generally; the use of standardised definitions, criteria and thresholds for reporting and referrals, including the prioritisation of cases, which varied before; the launch last week of a child welfare and protection handbook for HSE staff and the commencement of training courses for staff, including joint training with the Garda; greater reliance on real-time data on social work referrals and alternative care collated through HSE performance management indicators; the ongoing development of the national child care information system; improved resource allocation responsive to changing needs; and clearer management and budget accountability.
Additional information not given on the floor of the House
This reform agenda will lead to a new child and family support agency, which will provide the dedicated focus on child protection. The implementation of these reforms will allow for the best possible services to be delivered within the resources available.
I thank the Minister for her reply. We all know the importance of increasing the number of social workers to ensure some of the past weaknesses in the care system are addressed. Following on from the Ryan report, as the Minister pointed out, a commitment was made and additional funding provided to hire 260 additional social worker posts. In her reply, the Minister stated these positions were prioritised last week. Does that mean that up until last week these positions were not prioritised? How many positions remain to be filled out of the 60 for the remainder of the year? Was the public sector recruitment embargo applied to those positions up until last week? Was the Minister waiting for clearance from the Government before she could proceed with them?
No, they are at various stages in the HSE recruitment processes. As the Deputy knows, the commitment is to have these social workers in place by the year's end. Other recruitments have been going on too. Up to 168 additional social workers new to the HSE were recruited up to the beginning of September 2011.
This process is being managed by Gordon Jeyes, national director for children and family services. The reason I outlined the change programme in place is because he is managing the best allocation of various posts, given the situation in which he finds himself. The appointments were always a priority and the process was ongoing in the HSE. Some have had contracts issued, posts have been accepted awaiting clearance and others are at various other stages of the recruitment process. It must be noted social workers have been excluded from the public service recruitment embargo.
How many of the additional 60 posts for 2011 have been appointed to date? My question specifically asked for numbers and the stages they were at in the recruitment process. It is important the Dáil is given an update as to the exact numbers at each stage.
The Minister stated 168 additional social workers have been recruited. Up to 260 were supposed to be recruited, 200 last year and 60 this year. Have only 168 social workers been appointed so far? In an earlier reply I received from the Minister, I was informed 200 had been hired last year? Have we in fact fallen back in this regard?
No, the 200 figure remains for 2010. At the beginning of 2011, 168 additional social workers new to the HSE had been recruited. The 200 figure stands, but the other figure relates to people who are new to the HSE. The plan is for all social workers to be in place — the 200, the 60 and the backfilling of places — by the end of this year.
I have not received an answer to a key part of my question. How many of the 60 have been employed this year?
The time for this question has expired.
I understand, but I asked the Minister a specific question.
Perhaps the Deputy will get the information.
48 Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs if the resources and systems to implement the promised Children First legislation, when enacted, are in place or in preparation; and if she will make a statement on the matter. [26128/11]
In July, I launched the revised Children First: National Guidelines for the Protection and Welfare of Children. The guidelines deal with the recognition, reporting and management of child safety concerns. They emphasise the need to safeguard and protect children, that the safety and welfare of children are everyone's responsibility and that children will have safer lives where everyone is attentive to their well being. People who work with children across a range of areas must be clear in understanding their responsibility for safe practice and the reporting of concerns.
It is important to recognise that the original Children First guidelines have been in place for more than a decade. In that period, they have been used by the key agencies and their staff involved in the care and protection of children.
The Government has committed as a priority to the introduction of legislation to underpin Children First. It is my intention that the legislation will reflect a broad-based approach to compliance with obligations extending beyond reporting to one of safeguarding children at risk. The objective will be to ensure the greater protection of children by strengthening the existing system for reporting and responding to suspected child abuse.
It should be noted that the HSE as the statutory body responsible for promoting the welfare of children has in place a network of personnel to provide training, information and advice on the implementation of Children First. The HSE is providing a programme of information and training on the new guidance across the country. This includes the publication of the new child protection and welfare practice handbook, which was launched last week. The handbook will facilitate implementation of the Children First guidelines and achieve greater consistency in child protection practice throughout the HSE.
I am attending meetings with social work personnel and other staff in each of the four HSE regions to promote the Children First guidelines. We have already held two such meetings with an attendance of several hundred front line staff. The Garda also attends these meetings, reflecting the close working relationship it has developed over the years with the HSE in protecting children. Quite a deal of training is under way. This work has received a positive welcome and it is clear that the revised guidance enjoys widespread support, as I am sure the Deputy has found.
Additional information not given on the floor of the House
Beyond the HSE and the Garda Síochána, the Children First guidelines have been disseminated widely, including to every school. The consistent implementation of the guidelines in every sector is a priority. My Department is chairing an interdepartmental committee to oversee implementation of the guidance across Government. I will be meeting this committee in early October.
As to staffing resources, the number of social workers was increased in 2010 by 200. This additional resource will be of particular assistance to the HSE in driving forward the process of implementation. The necessary funding has been provided to the HSE to complete the recruitment of an additional 60 social workers by year end. The House will be aware that the Ryan report implementation plan contained commitments to place Children First on a statutory basis and to recruit an additional 270 social workers. By the end of this year, some 260 of these social workers will have been recruited and, together with the detailed implementation process for the revised guidelines, I am confident that these actions will provide a sound basis for Children First on a statutory footing.
Does the Minister accept that the main concern expressed about legislating for Children First — I confirm my and my party's support for what she intends in that regard — is that it will create an administrative burden and a further burden on front line staff and care providers in light of the fact that they cannot sustain the current degree of demand and expectation, given the level of staffing and other resources? The focus of my question is on resourcing and support staff in terms of the implementation of the legislation on Children First.
Does the Minister accept that the number and deployment of social workers are inadequate to deal with the level of reports of children in danger, which will be expanded with other legislation that we intend to see in place? Where the question arises, there will be a responsibility and a duty to highlight.
I must call the Minister.
On 21 July, the Minister indicated that the 260 additional social worker posts would be filled by the end of this year. In her previous response to Deputy McConalogue, she did not provide the full data on the numbers currently in place. She referred to 168 of the posts having been filled. Deputy McConalogue and I would like to know whether the staff are in place or awaiting placement. How many of the 168 are in service at present?
The Deputy said he supports the legislation to put Children First on a statutory basis. As I stated before, doing so is not simply about reporting but about inter-agency working. Just this morning, I attended the meetings of the local children's services committees. We see at county level that we need those who are working with children to work together. Inter-agency work is required to give the best and most effective service to children and families.
Part of the legislation is about sharing information effectively. The research indicates agencies should work together but that they must do so in a particular way and well. They must know precisely what they are trying to achieve. It is not just about agencies working together but about them working well together to an effective formula. The legislation is about reporting, sharing information and inter-agency co-operation.
If one supports the legislation, one must ask when one would not want a case to be reported. The Deputy's answer would be that he would want a case reported. This leads to the question of resources, in respect of which I will put some facts before the House. There was a €16 million budget overrun in the HSE child and family service in 2010. The previous Government reduced the budget allocation, by at least €14 million, without saying where the cuts were meant to occur. There is, therefore, huge pressure on the system. I have said before I am shocked with some of that pressure. Social work, child protection and fostering services are under pressure.
In the current financial climate, we must examine how we can have more effective management. As a consequence, I have asked for an audit of what is happening regarding cases awaiting allocation. I have asked that we be able to compare areas. Not enough work has been done on data collection to date. There is a new system in place now so we can get a full picture and base our policy decisions on proper information.
I thank the Minister of State for her response. We need capacity within the child protection service and we also need consistency of response, as the Minister indicated in her reply to me and other Deputies on 21 July. We need to have certainty in that across the State. In her reply the Minister said a regulatory impact analysis would be carried out and the results presented to the Government. Has that been done? What is the current status thereon?
Regarding the Minister's shock about discovering the reality in terms of funding support for what is currently available and what we hope to have in place, can she give us any assurance that the establishment of her Department will bring about ring-fencing, even of what is currently provided, such that we will not see a further contraction regarding the commitments made heretofore on child protection services in terms of the upcoming budget?
The Deputy knows the current financial position as well as I do. Like all Departments, mine will be part of the current expenditure review. A special management audit, led by a leading UK child protection expert, has commenced with a view to ensuring we will have in place appropriate systems to manage the need for a rapid response. We are examining the sorts of thresholds that should apply in cases coming before the service. There is considerable demand and resources are an issue. The director is actively working on this. We must have consistency of response around the country and must know accurately the demand in different areas. We are beginning to get figures on this but I must state that some of these figures are unclear with regard to definition. Some areas with fewer social workers have longer waiting lists than others. There is much inconsistency and we need to put in place this part of the change agenda. Then, we can match resources and use them, including social work resources, more effectively.
49 Deputy Catherine Murphy asked the Minister for Children and Youth Affairs her views on that of the Ombudsman for Children that the role of the National Council for Special Education should be included in her remit; if she has had discussions with the Department of Education and Skills regarding same; the outcome of these discussions; and if she will make a statement on the matter. [26127/11]
I am aware of the matter raised by the Deputy. The Office of the Ombudsman for Children has been in contact with the Department of Children and Youth Affairs. On 3 June 2011, responsibility for the Ombudsman for Children Act 2002 was transferred to me as Minster for Children and Youth Affairs. I understand that under this Act the inclusion of the National Council for Special Education within the remit of the Ombudsman for Children requires a draft order to be laid before each House of the Oireachtas and a resolution approving this order to be approved by each House. This would be the procedure if it were to happen. I expect further contact before the end of the year from the Office of the Ombudsman for Children on its remit. While responsibility for proposing the amendment of legislation relating to the Ombudsman for Children rests with the Department of Children and Youth Affairs, responsibility for the National Council for Special Education rests with the Department of Education and Skills. Accordingly, my Department will consult the Department of Education and Skills and the Ombudsman for Children before finalising a proposal on this matter.
This almost returns to the point the Minister made in her previous reply with regard to the need to have an integrated approach. The point parents make is that they do not know where their voice is heard. An appeal against a decision of the National Council for Special Education is adjudicated by colleagues sitting at the next table and parents feel very aggrieved by this. Our system should always have checks and balances, and this issue affects some of the most vulnerable children in the State. If they are allocated a special needs assistant or resource hours, by definition they require additional support.
Is the Minister disposed to moving the order? What dialogue must happen with the Department of Education and Skills? Will it take a short period of time? In the answers to questions posed, by the Opposition in the main, on the number of special needs assistants we are told if a child requires a special needs assistant he or she will have access to one. However, a language gap exists because "access to" does not mean a dedicated special needs assistant. This is why much grievance exists and the parents are being lost in all of this.
I can only agree with Deputy Murphy on the vulnerability of the children and of their parents when trying to access a service. I fully understand this and appreciate the stresses and the difficulties. Deputy Murphy asked me to outline how the process for taking responsibility for this area might move forward and where the discussions are going. The Office of the Ombudsman for Children has stated it will come back to me. I understand originally it wrote to the former Minister, Mary Harney, on this matter and raised this question. This afternoon, I will meet the National Council for Special Education and I will discuss this issue with the Department of Education and Skills and the Ombudsman for Children to see how it can be best dealt with.
If this is to happen, does the Minister see it happening by the end of this year or early next year?
I want to stress that at this point, a decision has not been taken. The Ombudsman for Children will return to me with her proposals after which discussions will take place with the Department for Education and Skills. I know that Department will have its own plans on how it sees the service developing. I must have those discussions with the Department as well.
The Deputy made a relevant point; the Department of Children and Youth Affairs must be a cross-cutting Department as well. We must work with other Departments because not all of the issues that relate to children, for example, special needs, are under the direct remit of my Department at the moment, but even if they did not come under its remit, it would be an area on which we should work together.
50 Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs if she will report on the details of any analysis she has carried out in relation to the resource implications of the introduction of a mandatory reporting policy for the reporting of child abuse; her plans to increase resources to deal with the introduction of mandatory reporting including any plans to increase the number of social workers employed by the Health Service Executive; and if she will make a statement on the matter. [26126/11]
I thank Deputy McConalogue. In July 2011, I launched the revised Children First: National Guidance for the Protection and Welfare of Children. The guidance deals with the recognition, reporting and management of child safety concerns.
The revised guidance replaces the original version of Children First which was first published in 1999. The HSE, as I said in reply to the question from Deputy Ó Caoláin, has a network of personnel to provide training and information on the implementation of Children First. It is currently implementing a programme of information and training on the new guidance across the country. That includes the handbook which I am sure the Deputy has seen. The handbook will facilitate implementation of the Children First guidance and should provide for what I said is needed, namely, consistency across the country. The increase in the number of social workers should make a difference to that.
The Ryan report implementation plan recommended that Children First should be put on a statutory basis and the strengthening of the HSE's child protection services through the recruitment of an additional 270 social workers. The introduction of 260 of the social workers by the end of this year and the detailed implementation process under way within the HSE and across the Government will provide a firm basis for full compliance with Children First on a consistent basis, in addition to the other work which I have said is being carried out by the director of child and family services within the HSE. The audit which is currently being carried out should help.
The Government has also committed, as a priority, to the introduction of legislation to underpin Children First. I intend that the legislation will reflect a broad-based approach to compliance with obligations extending beyond reporting to one of safeguarding children at risk. The objective will be to ensure the greater protection of children by underpinning the existing guidance for reporting and responding to suspected child abuse with legislation.
Additional information not given on the floor of the House
The Government is committed to a significant programme of reform of our child protection services. This is intended to achieve national consistency with services across the country delivered according to national standards which will be externally evaluated. This reform will lead to a new child and family support agency which will provide the dedicated focus on child protection which has been sometimes lacking within the HSE. The implementation of these reforms will allow for the best possible services to be delivered within the resources available.
I thank the Minister for her response to the question. It greatly concerns me that I have not been able to get a clear response on the exact number of additional social workers that have been appointed so far this year. We have been given generalities but there is no specific figure in terms of progress on the appointment of an additional 60 by the end of this year on which a commitment was given. That concerns me in terms of where we are with resources.
I fully embrace the approach of putting the Children First guidelines on a statutory basis. The objective behind it is to ensure that we provide the best possible services to protect children. However, in a couple of the Minister's replies today——
The Deputy should ask a question please.
In a couple of the Minister's replies today she stated she will introduce the guidelines and she will see following that how best the resources can be allocated. She indicated that the audit which is currently ongoing will be a help and the fact that extra social workers are being employed, which is to address other weaknesses in the system, will be a help with mandatory reporting. That is most concerning, in particular when one takes into account what has been said by experts such as Geoffrey Shannon and the head of children's services, Gordon Jeyes, and others, who have indicated that what we need is a step-by-step approach and we should not run before we can walk. However, what we see is that the Minister is coming up with plans but with no assessment of the resources and how they will work.
I wish to call the Minister now.
That is not the way this should be done.
It is quite the opposite. The Deputy's Government made no assessment of the situation and did no audit. In addition, it left the services in a state where it is unclear precisely what is happening around the country. The previous Government promised to introduce legislation by 2010 to put Children First on a statutory basis, but did not do so. Since coming into office, I have worked on the heads of a Bill that will shortly be available. We have put on the A-list legislation to underpin the Children First legislation. We have an audit going on so that we get consistent information. We have a changed work programme within the HSE which consists of a new child protection handbook and new guidance. The director, along with myself, are meeting all frontline staff throughout the country who are able to attend those meetings to discuss consistent implementation. That is what I would call taking action to address the child protection system in this country, which is badly in need of such action.
It ill behoves the Minister to attack the previous Government when we should be addressing the current situation. If her assertion — that no preparation was done before the last Government left office — is her position, surely the onus is on her to assess the resource implications and what would be required before moving on. That would be in line with what many health service experts have requested. We have heard that an audit is now being undertaken but in fact no assessment was done in advance. That was ill judged so we need to take it into account and address it.
Clearly, the priority is to protect children and keep them safe. That is precisely what we are doing by working for consistency, looking at referrals around the country and ensuring there is an adequate response to them. In addition, we are putting in place legislation and an implementation plan, which is what the handbook is offering. That is how to keep children safe, by responding to cases that are currently coming to social work teams throughout the country, and having a consistent approach to managing those cases.
51 Deputy Clare Daly asked the Minister for Children and Youth Affairs if she will consider the situation of Irish citizens (details supplied) who were illegally adopted in the 1950s, who spent decades searching for their original families, and clarify her intention regarding legislating for access to adoption records, private nursing home and private mother and baby home records, individual doctor’s files, priest’s files and social worker’s files in order to meet their right to an identity. [26203/11]
I have been advised by the Adoption Authority of Ireland that it only holds records of adoptions effected since the introduction of statutory adoption in 1952. It holds no records relating to birth registrations.
The Adoption Board commenced a preliminary examination of available records in 2010. The audit related to records retained by the authority of contact received from persons who have been told and-or believe themselves to be adopted, in respect of whom no adoption record exists. This indicated that 99 people who have identified themselves to the board or authority as adopted, do not have a corresponding adoption file.
Around 50% of these relate to so-called "adoptions" prior to the introduction of the statutory adoption regime under the Adoption Act 1952, which was commenced on 1 January 1953. This work has continued following the commencement of the Adoption Act 2010, as these queries continue to arise.
The authority intends to undertake further work to explore the full extent of the issue. The board of the authority will then consider possible next steps to contribute to an understanding of the issue, including any advice to the Minister. It is important to note that the authority has no statutory responsibility in respect of the matter but is extremely sensitive to the issue, as it should be. Notwithstanding that, it should be noted that in a number of individual cases, where the facts have been available to the board or the authority, it has advised the appropriate authorities in respect of any activities which it believed contravened the Adoption Acts for the relevant period, but that is historic.
The drafting of legislation with regard to information and tracing is a priority of mine. Work is under way in regard to the preparation of the Bill, in consultation with the Adoption Authority, to provide for a structured and regulated way of providing access to information and contact for those affected by adoption. It is intended that the adoption (information and tracing) Bill will provide for the Adoption Authority to have access to records currently held by a wide range of information services, give the authority an oversight role with regard to the maintenance of adoption records and place the national contact preference register on a statutory basis. The Bill will also provide for proactive tracing and reunion services by appropriate bodies for adopted adults, birth mothers and birth families, with the Adoption Authority having the overarching responsibility for the service. I intend to take this legislation through the Houses of the Oireachtas in due course.
I thank the Minister for her response as this is a very important issue and I am pleased to know the Minister intends to address it by way of legislation. My concern would be with regard to the timescale and the emphasis. I have heard the Minister speaking on the radio on this subject and her input has tended to be on the basis of looking at the issue from the point of view of the adoptive parents perhaps rather than the rights of the child. There has to be a balance of rights. However I refer to the rights of the children who were illegally adopted in this State — a figure which is reckoned in tens of thousands. This is a crime which people have spent their lifetimes trying to address. The present situation has a number of anomalies which require to be urgently addressed. For example, if an adoption body is not accredited, it is a private body and nobody has any control of what happens the files of such a body. These could be burned at any time which would destroy the identities of people who have been adopted and such a body would be free from prosecution. This situation must be addressed as a matter of urgency. Many of these files are all over the place and we need urgent action to ensure they are collected and held in a central place and properly audited and stored so that they are accessible. I ask the Minister to indicate the timescale for this process and to say what powers are being considered in this regard. Information and tracing is crucial for the citizens involved.
I am aware of the situation described by Deputy Daly and of the calls by adopted persons for access to historical personal and family information. I completely agree with the Deputy that the files must be preserved intact. It is essential that those files are maintained in a safe and secure place. I agree with the Deputy that there should be one authority with overall responsibility for those files. I am aware of the radio interview to which Deputy Daly refers and in which I made the comment that people should be informed about access to information and that such information should be made available. However, historical issues need to be dealt with and these must be handled as sensitively and constructively as possible. A number of legal and constitutional issues arise as to balancing the rights of the adopted person to information as against the rights and in many cases, the expectations, of birth parents to privacy. We are examining those issues and progress has been made with regard to the Bill. The heads of the Bill are close to completion. I am hopeful that this legislation will be progressed fairly speedily. I understand the personal consequences for individuals of not having this legislation in place.
I ask whether the issue of retrospection and the rights of individuals to access information from a certain date, for instance, will be addressed in the Bill. The HSE is excluded from this process and is excluded from requests under freedom of information legislation nor does it seem to have the administrative capability to provide access to information. Is this issue being dealt with in the proposed legislation?
I wish to examine as comprehensively as possible the issues raised by Deputy Daly. I will consider international best practice and given our constitutional and legal constraints I will consider what precisely can be done with regard to the Deputy's query. The current contact register goes a certain way. It is clear many people will seek this information and we want the process to be as comprehensive as possible and to include supports for the individuals. This has been the practice in other countries.
