Vol. 820 No. 3
14. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs her views on whether adequate resources are available for social care work; the additional resources that will be provided to ensure the proper functioning of the new Child and Family Agency; if all children in care have allocated social workers and specific care plans, and if not, what is the shortfall. [47839/13]
I stated in my contribution on Second Stage of the Child and Family Agency Bill that while the new structures were positive, all the best structures and policies in the world will not achieve what the Minister has set out to achieve if they are not properly resourced and if there are not sufficient social workers available to carry out their duties. There is significant concern in the youth care sector that resources will not be provided. New social care places have been promised but they have been slow to come on stream. Will the Minister reassure the House that all children in care are being looked after?
The Deputy made her comments during the debate on the legislation to establish the new agency, the Child and Family Agency Bill 2013, which is progressing through the Oireachtas. The agency will be established on 1 January 2014. It will assume responsibility for a wide range of services for children, including child welfare and protection services currently operated by the HSE, preschool inspections and domestic, sexual and gender-based violence services, the Family Support Agency, the National Educational Welfare Board and community-based psychology services. The agency will have available to it the existing resources of the HSE children and family services, the National Educational Welfare Board and the Family Support Agency. Control of this voted expenditure will transfer to my Department in the revised Estimates volume to be published in advance of establishment day.
The latest monthly performance report for September 2013 shows 6,465 children were in care, 91.9% of whom had an allocated social worker and 87.8% had a written care plan. While both are not at 100%, performance has improved dramatically over the past number years when the percentage was in the 80s and we are seeing improvement. The vast majority of these children are cared for in a foster care setting, which is unique to Ireland. This is important.
As of 30 September 2013, a total of 1,385 whole-time equivalent social workers were in post across children and family services. The number includes all 270 posts recommended in the Ryan report.
Recruitment is ongoing and the retention of social workers, in particular in those front line positions in child protection, in common with other countries in Europe, is very difficult. There is a very high level of maternity leave. Currently, there are 100 social workers on maternity leave. We are filling vacancies but it is an ongoing challenge to keep the numbers where we want them.
Additional information not given on the floor of the House
As regards the issue of vacancies, I can advise that 114 social work vacancies have recently been filled with a further 136 posts due to be filled shortly, of which 51 have been accepted by candidates and are expected to commence post in the near future.
The 2014 budget, which was published on 15 October last, includes an additional €6.7 million - €12 million in a full year - to support the ongoing programme of reform of child welfare and protection services. This additional investment will support the child and family agency in ongoing reform aimed at improving the quality and capacity of child protection and welfare services, in line with the very significant priority placed upon these improvements by Government.
I thank the Minister for her answer but I am not entirely reassured by it. The number of social care workers is being stretched to the limit. Ireland has relatively few child protection workers per head of population and in relation to the total number of children in care. Many of the reports carried out in this area have highlighted inadequate staffing. What is more is that HSE figures show demand for HSE children and family services is increasing for several reasons, not least the economic climate and the consequent increase in reporting and, in particular, putting the Children First guidelines on a statutory footing, which will create further increases. I believe the Minister has approved 60 new social care positions. Will she give a timescale as to when these promised new places will come on stream?
I will revert to the Deputy on the last question because I do not have those details with me. I will communicate directly with her on those 60 posts. The 2014 budget included an additional €12 million in a full year to support the ongoing programme of reform of child welfare and protection services. The Deputy is right that there is ongoing pressure on the services. There is no question about that. There is an increase in referrals to child and family services and very complex cases are coming to the fore.
The reform and reorganisation will help with that because we will work more effectively with the NGO sector and the child and family support agency. There will be clearer assessment when cases are referred in the first instance so that if the case is a child protection concern, it will be referred to the child protection team. If it is a family which needs family support, the closer working relationships and the alignment of priorities between the HSE and the NGO sector will mean that families will get better supports.
I await the Minister's answer on that. Recently, when I raised a case with her about a child who was not getting what she should have been getting, the whole thing was sorted out in a matter of minutes following one telephone call by her Department to the social care workers.
15. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs if she will provide the full year effect of all expenditure reductions for her Department as set out in the expenditure report 2014 as was provided for in the expenditure report 2013; the areas in which cuts are to be effected; and if she will make a statement on the matter. [47827/13]
I seek detail from the Minister on the impact of reductions in her Department's funding for 2014 across the various areas of its responsibilities. I am particularly interested in the youth programmes, the school completion programme, the national longitudinal study, the national children's strategy, the early intervention programme and the child and family support agency and why it has been signalled in regard to 2014, given that we are looking at an entirely different structure. When will that come about?
The Estimate provision for my Department in 2014 will amount to €449 million. The allocation consists of €414 million in current expenditure and €35 million in capital expenditure. This level of investment demonstrates that while operating within difficult budgetary constraints, this Government is strongly committed to delivering important reforms and service developments for children and families. The overall resource allocation is especially significant when account is taken of the €8 million in savings which are built-in as a result of commitments made in the comprehensive review of expenditure 2012-14. Details of these savings to which the Deputy referred and the programmes' savings to which they refer are set out fully in the 2014 expenditure report published by the Department of Public Expenditure and Reform on 15 October last in the context of budget. As the Deputy said, these include a reduction in commitments under existing contracts in the national longitudinal study and national children's strategy, savings as a result of completion of the pilot stage of the early intervention programme, a targeted reduction on the school completion programme and savings in administration and programme costs associated with the operations of the Family Support Agency.
Unfortunately, there is a reduction in funding for various youth programmes but I have succeeded in getting a large scaling-back of the proposed reductions in the comprehensive expenditure review required in this area.
The reductions will now be far less than those proposed in that review. My Department is finalising the proposed allocations for youth programmes in 2014. I emphasise that to the greatest extent possible, savings are being achieved through increased efficiencies, operating efficiencies and value for money to protect front-line initiatives. Like Deputy Ó Caoláin, I clearly value the front-line work that is being done. Of course we have to live within our budget. Given the allocation for 2014, I believe we will be able to provide a significant level of public services in this area, including a number of new policy initiatives that have been funded in the budget.
I am particularly concerned about the indicated cutback of €3 million in youth programmes. There is no doubt it will have a serious impact. It is unquestionable that this needs to be revisited. The Minister indicated in her reply that a total of €8 million will be saved. The 2014 expenditure report shows that the actual figure will be €9 million. Can the Minister clarify whether €1 million has been restored? My supplementary question relates to the proposal to make savings of €2.1 million in 2014 with regard to the Family Support Agency. We are currently dealing with the Child and Family Agency Bill 2013. I presume we will conclude the passage of that Bill this week. We had hoped to finish addressing the legislation 12 months ago or earlier, but here we are. As I have said, the Minister is providing for savings with regard to the Family Support Agency. When can we expect the child and family agency to come into being? Why would there be savings under the Family Support Agency in 2014 if the Minister did not expect that agency to continue into 2014, at least in part?
As the Deputy knows, the legislation is going through the House. I expect the agency to be established in January following the successful enactment of the Child and Family Agency Bill, which we are currently considering. I thank Deputies Ó Caoláin and Troy for their support for the passage of that legislation. I know everybody is committed to ensuring the agency works effectively. Despite the current economic situation, the budget, including the HSE element of the budget which has been maintained, will enable quality services to go ahead. As the Deputy knows, savings for my Department and every other Department were earmarked in the comprehensive review of expenditure. While that remains the situation, I have managed to secure a significant scaling-back on that. For example, an extra €1 million was allocated for youth services in the budget. I believe that will make a quality difference and will ensure not only that the reductions will be few in number, but also that they will be relatively minor. I would prefer if there was no reduction in the youth budget, but there has been a significant scaling-back on the reductions that were initially proposed.
As the Oberstown project is a capital project, it would not show up in the 2014 expenditure report. When does the Minister expect to see that project completed? I note that no provision has been made for extra staff in 2014. Can the Minister elaborate on the expected recruitment of additional staff to operate the new facilities at Oberstown? Some €6.7 million has been allocated for the reform of child welfare and protection services upon the establishment of the child and family agency. Can the Minister elaborate on the reforms that will be provided for as a result of that allocation? Finally, is funding being provided for the recruitment of crèche inspectors? Is that something we will see early in 2014?
Yes. Five inspectors are being recruited at present. A budgetary allocation of €500,000 for extra inspectors is being made in the budget for next year. Extra inspectors will be recruited in 2014. Decisions on where they will be based will be made by the national director who is managing that service at present. A capital allocation has been made in the case of Oberstown.
The construction has started. All of the planning issues have been dealt with. The construction started approximately one month ago and the buildings are on target. In line with that, I previously got a commitment on the recruitment of 60 additional staff who will be needed in Oberstown.
Deputy Ó Caoláin had a further question on the €6 million for child protection services. I was pleased to get that allocation because, as I stated to Deputy McLellan, the services are under pressure and I imagine that money will be primarily used to deal with the level of referrals and to assess what extra staff are needed to deal with the kind of numbers that are turning up to the child and family services.
16. Deputy Mick Wallace asked the Minister for Children and Youth Affairs the role played by the Health Service Executive in the decision to remove Roma children from their families; and if she will make a statement on the matter. [47833/13]
I understand, from the Minister's comment in answer to Question No. 2, that the Ombudsman for Children, Ms Logan, has initiated her investigation and has started her independent report, but I was of the opinion that a ministerial order, under section 42 of the Garda Síochána Act 2005, was required. I inquired on a couple of occasions from the Department about the terms of reference and I am told that they are still not sorted. I wonder if the Minister would agree that the terms of reference should be broad rather than narrow.
Yes, and I believe that they will be. It is one of the reasons that the Minister for Justice and Equality, Deputy Shatter, was waiting to get the initial report before finalising the terms of reference. For example, much comment has been made about the media coverage of these cases. That may well form part of a range of issues which need to be considered. On any necessary matters which should come within the scope, it is up to the Ombudsman to decide, under the terms of reference of the Act under which she operates, how broad her investigation can be. Under the terms of reference she already has by virtue of that Act, she has a great deal of leeway.
Equally, the area where the terms of reference, as Deputy Wallace correctly states, must be drawn up is in relation to the Garda Síochána because it does not come under her remit at present and must be provided for specially by section 42 of the Garda Síochána Act 2005, as amended by section 42 of the Criminal Justice Act 2007, to conduct an inquiry.
If we are going to have supplementaries, we must be brief because we are against the clock.
Given that the HSE reports seem to indicate that both actions were probably Garda led, and in the Athlone case involving probably solely Garda action, why is the Ombudsman for Children investigating what seem to be principally Garda actions? Her remit, under statute, is only to look at HSE powers and if it was otherwise, we would not have to introduce legislation to give her extra powers.
We already have the Garda Síochána Ombudsman Commission, GSOC, set up as a statutory body to investigate Garda misconduct, but yet the Minister for Justice and Equality seems to be ignoring and bypassing the specific statutory role and remits already set up under law. Surely, the Garda Síochána Ombudsman Commission is in a better place to deal with issues relating to gardaí. It is structured in that manner. There is the statute in place to deal with it. Why are we asking the children's ombudsman to deal with something that is more fit for GSOC?
The Ombudsman for Children is the appropriate person to investigate this. At its core, this investigation is about the removal of children into care and then going before the courts system, which must happen as soon as a section 12 action is taken and the HSE gets involved. It involves the relationship or involvement of two agencies - the Garda Síochána and the HSE social workers and services - but in relation to children. Children are at the centre.
Considering the detail of the events that happened, I believe it is the right decision to refer it to the Ombudsman for Children, Ms Logan. She has undertaken many reports into the involvement of State agencies with children. In a number of previous reports, she has examined the kind of services that children get. She is well placed to examine this precise situation. I believe her report will be comprehensive and thorough because that is the way she does her work.
It is difficult to comprehend.
I do not doubt Emily Logan's ability to investigate matters relating to the HSE. Perhaps the final report will prove me wrong but it appears that the Garda played a stronger role than the HSE in the removal of the two children. Given there was no risk of flight as the families had been here for seven years and were not nomadic - and even if they were nomadic, the authorities should not discriminate on grounds of nomadic culture - could the Garda not have taken a DNA sample? Could they not have guarded the place if they were really worried about flight rather than remove the children from the family? Surely the Minister would agree that this was a clumsy effort. It is not as though the children and the families will forget about this next week. This will stay with them. Would the Minister not agree that this was a very heavy-handed and clumsy effort?
I will take questions from Deputy Clare Daly and Deputy Boyd Barrett. We are very short of time.
From what we have read, the role of the HSE and social workers was quite limited in both these cases - non-existent in one and hardly evident in the other. The Ombudsman for Children obviously has expertise in dealing with State agencies and children are the very clear victims in this scenario. The Garda Síochána is a particular State agency that is difficult to investigate. The body statutorily set up to do that is the Garda Síochána Ombudsman Commission. We must make changes to allow the Ombudsman for Children to investigate the Garda in a field in which she does not have that capacity currently, which seems a bit remiss to me. Could the Minister confirm whether the role of the HSE and social workers was minuscule and whether the media, which played a huge role in respect of why the Garda intervened in the first place, will be covered?
On a point of order, I have a question that is almost the same word-for-word as those tabled by Deputies Wallace and Troy. Why was it not grouped? The Department makes the decision. Why were these questions not grouped together? It is exactly the same question.
I did not make that decision.
The Minister's Department makes that decision.
I have no problem taking it.
I would like an explanation from the Minister. If she cannot give it here, could I get an explanation as to why they were not grouped? They should have been grouped.
For a child to be taken from their parents, which is the most extreme course of action, the child must be assessed by qualified professionals such as social workers or psychiatrists as being at imminent risk of harm. The Minister, as Minister for Children and Youth Affairs, should take this seriously because there is no evidence and I do not believe any evidence will be brought forward that there was any assessment that this child was at imminent risk of harm. Since when did gardaí act as social workers and make those assessments? The only thing we have in the public domain as evidence of why they acted as they did was the fact that a child had different colour hair and eyes from their parents. The last time I looked, that was not a crime and, therefore, the Garda had no role in this whatsoever, or is it acceptable for gardaí to make an assessment on whether a child is at imminent risk of harm? Qualified psychiatrists often wait six months after they have given an assessment that a child is in danger and they cannot get the State to act, yet here the State police acted to seize a child - to kidnap a child, in effect - when no qualified professionals had made an assessment that this child was in danger.
It is all very well for the Deputy to make those points but I want to point out that for many years people in this country turned a blind eye to child abuse and did not take action. That is not for a moment to say that inappropriate action should be taken but I want to make that point because I have report after report on my desk where action was not taken by the relevant people. It is important to remember that. Regardless of whether one is talking about Monageer or the report of the independent child death review group, people repeatedly did not intervene.
In respect of the Ombudsman for Children, we have asked for an independent report and I do not believe it is appropriate to predict its outcome based on media reports to date. Deputies should support having an independent report by the Ombudsman for Children who is getting the initial reports from the HSE and the Garda and will then make her findings.
She will provide a completely independent report. It is commendable that she has the powers to investigate the Garda Síochána as the independent Ombudsman for Children. I believe that is a very important step, and it is the right thing to do. However, we should not pre-empt the findings of the independent report.
The reason we set up the independent report is to answer precisely the questions the Deputies have raised today. We will receive that report. The Ombudsman for Children has not given a timeframe for it, but as soon as she has the report, we will make it public. Let us wait and see what precise details led to the actions that were taken by the Garda and the HSE.
Emergency section 12 orders must be taken when a child is at immediate risk. It is an important part of our child protection service that the Garda has those powers. The Garda must protect children who are at risk.
There is only time for one more question. I call Deputy McLellan.
My question was not grouped with that question but it is the same question.
There is no grouping.
Can I ask a supplementary question of the Minister?
No, I have called Deputy McLellan.
Will the Minister allocate time in the Dáil to discuss those reports?
I have called Deputy McLellan.
17. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs her plans to ensure highest standards are reached and adhered to and an appropriate inspection regime across all preschool child care facilities is in place; the timeframe for achieving both; and if she will make a statement on the matter. [47838/13]
In the aftermath of the "Prime Time" investigation into preschool care, "A Breach of Trust", there was considerable concern about how to ensure the failures highlighted in that programme would be rectified and prevented from recurring. The programme found that most preschools are inspected once every 20 months and that many experts believe the child care regulations are too basic and poorly enforced. Compliance levels were also found to be low, and the programme concluded that 75% of preschools and crèches were in breach of the child care regulations. Can the Minister outline what progress there has been since then?
There has been huge progress and massive change. The first point is the fact that we now have 1,672 inspections of child care facilities online. This is the first time these reports have been available online. Previously, parents or the media had to submit a freedom of information request to get access to those reviews. We also have the most recent inspection reports provided immediately online on an ongoing basis. There are now 12 of those online. That is the first major change.
The second is that we are currently discussing legislation to register services. Providers did not have to register services up to now, but we now have registration. The third change under way is that we are changing the way inspectors inspect the facilities. We will shortly publish new national standards against which the inspectors will judge the early years services. That is a major change and will be very helpful regarding the points the Deputy correctly outlines about concerns in respect of quality.
The other change under way is that the State, for the first time, is investing in quality in early years services. We are setting up a mentoring programme. There will be at least 40 mentors throughout the country who will work with the early years services to improve standards. It has been proven internationally and in Ireland, through pilot programmes, that the way to improve quality standards is not just through inspection but also through working directly with the providers in improving the quality of care they give to children. That is under way at present.
We have invested in a training programme for those who wish to increase their qualifications - from next year it will be mandatory that they have FETAC level 5 qualifications to work in this sector - to ensure the FETAC courses will be undertaken by more people.
While I welcome many of those changes, more progress is required. This country does not provide child care properly. We have outsourced, in effect, it to the private and voluntary sectors and the State has abdicated its responsibility. We do not invest in child care properly either. Even after the introduction of the free preschool year, we spend 0.4% of GDP on preschool education, which is approximately half of the Organisation for Economic Co-operation and Development, OECD, average. Many countries spend far more.
There is a need for reform generally in the area of preschool education. In particular, the first priority is ensuring welfare and that standards are adequate in the sector. The "Prime Time" report found that 34% of crèches were in breach of five or more regulations and that 29% were in breach of regulation 19, concerning overcrowding and upkeep of premises. Will the Minister give a more up-to-date report on compliance levels and whether there has been a substantial improvement in that area? I understand the HSE recently began the process of uploading inspection reports online. Will the Minister outline when the reports from all counties will be available online?
There is a huge amount of work involved in reviewing the reports and ensuring there is a standardised approach for the future. That is being done. As I said, the inspection reports are being published county by county. It is just a question of the time it takes. We expect that by the middle of next year, all the reports on inspections that have taken place will be available. It is important to remember there has been a huge increase in the number of preschool services from the late 1990s to now. It has increased from 1,000 to 4,700. In terms of inspecting those 4,700 and ensuring there is quality, I agree with the Deputy there has not been enough focus on this. That is changing with the initiatives I have outlined. I am confident, too, that there is a greater awareness among parents with regard to questioning their providers, asking them about the inspection reports and raising any quality issues they have. That is very healthy.
There is a range of initiatives under way which should deal with the issues the Deputy outlined and the concerns about quality.
