Priority Questions
58Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs the number of additional social workers in place at the end of 2011 compared with the start of 2011; if there is a plan in place to deal with public sector retirements affecting social workers; if she will publish the plan; and if she will make a statement on the matter. [8297/12]
View answer60Deputy Richard Boyd Barrett asked the Minister for Children and Youth Affairs the number of social workers that have retired or are due to retire at the end of February under the recent public sector retirement scheme; the total number of social workers that will then be in the State; and the way this number will enable her to fully resource the services needed to put the Children First guidelines on a statutory footing. [8083/12]
View answer62Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs the number of social workers and employees in the Health Service Executive run residential care homes who will have retired by the end of February; her plans to replace these workers; and if she will make a statement on the matter. [8502/12]
View answerI propose to take Questions Nos. 58, 60 and 62 together.
The Health Service Executive, HSE, compiles a monthly census of employment in the public health and social care sector. The latest data available is in respect of December 2011. It shows the total number of social workers employed in the HSE and in directly funded agencies at that time was 2,442 whole time equivalents, WTEs. The equivalent number for end 2010 was 2,432 WTEs, an increase of ten. The figure for the end of 2009 was 2,189. The figures indicate an increase of 253 WTEs over the period 2009 to 2011. These figures relate to all social workers employed, including in child welfare and protection services, mental health services and other health care settings including acute hospitals.
The HSE has also begun to compile a breakdown of staff working in particular care groups. It should be noted the classification of staff by care group is considered by the HSE and the Department to be provisional since the methodology is being refined and work is ongoing on the precise allocation of staff to the children and families area in the context of the planned establishment of the child and family support agency. Notwithstanding these caveats, the number of social workers employed in the children and families area increased by 37, or from 1,183 to 1,220, between December 2010 and December 2011. This information shows that the growth in social workers in the HSE last year is attributable to the increased numbers provided for child welfare and protection purposes. Provision was made for the recruitment of an additional 62 social workers to children and family services in 2011. The recruitment process in respect of these posts was completed in late 2011 and all posts have either been filled or accepted. I understand from the HSE that not all of the additional staff are reflected in the latest employment census returns owing to the time lag between candidates being offered positions and serving out notice with existing employers, and taking up duty and appearing in the employment census returns. To date some 25 individuals have taken up duty and others are due to come on stream in the coming weeks. In addition to recruitment for additional posts, typically in any year there are departures of social workers and other professionals when staff who are eligible to retire do so. However, the ending of the pension reduction grace period is contributing to a greater concentration of such retirements. The HSE’s national service plan for this year acknowledged the uncertainty regarding the effect of individual retirement decisions and committed to detailed planning to proactively manage the impact on different services. Management preparation for these departures falls in the first instance to local managers and subsequently to HSE managers at regional and national level. Tonight the Cabinet sub-committee on health will be discussing a report on these changes and the work that is being done to manage them. In order to further strengthen management arrangements a formal transition team for the HSE has been established at national level. The Government and the Cabinet committee on health have also received direct briefings on the subject from the HSE.
My Department receives ongoing updates from the national director of children and families services, Gordon Jeyes, and his team. The latest information from the HSE indicates that approximately 45 social workers in children and family services have given notice of retirement. This figure is, of course, subject to change between now and the end of February and is being updated on an ongoing basis. The emerging position on residential care homes is that there will be minimal retirement of social care workers. This is influenced by the relatively young age profile of staff in these homes. The situation will be confirmed as we reach the end of February and I will write to Deputy Ó Caoláin if there is any change in the position.
The number of social workers retiring represents 3.7% of the overall number of social workers. In any given year a 1% to 2% turnover of staff would be expected. The immediate management of departures will draw upon the local flexibility available under the Croke Park agreement and the discretion available to the national director of children and families services to fill priority vacancies now and over the course of the year. In deploying available staff and filling vacancies, regard will be had to the relative workloads among social work teams and existing vacancies where they are a factor. The provision of additional social workers on foot of the Ryan report represents a significant staffing increase by any measure. It is important that decisions on the ongoing and flexible deployment of this increased total staffing resource are informed by the most up-to-date assessment of workloads and by flexibility on the part of staff in responding to priorities.
Additional information not given on the floor of the House.
My Department is informed that the contingency arrangements in place at local and regional level will provide for redeployment within and across social work teams to areas of greatest need, priority focus on child protection, delivery of an accessible system for managing referrals and restructuring and consolidation of specialist teams such as fostering or adoption, having regard to the potential to expand their geographic remit and respond to reductions in demand.
Since decisions on the filling of vacancies must have regard to the need to meet budgetary targets it is important to note that the Government has increased the HSE's children and families budget by €21 million or 4% this year. The HSE national service plan also provides for an increase in the total number of staff employed in children and family services compared to last year. This contrasts with a reduction of €14 million or 2.3% in the budgetary provision for children and families in 2011 under the previous Government. It reflects the determination by Government to lead the improvement of child welfare and protection services. It provides significant additional flexibility in managing service pressures and reforming services to make them more effective. Notwithstanding the additional financial provision made by the Government, I do not wish to minimise the financial and service challenges facing the HSE in 2012. The financial difficulties facing the country are such as to require acceleration of reform across all areas of the public service. Reform is a central element of the change programme for child and family services, including the establishment of a new and dedicated children and family support agency. However, the Government’s delivery of an increased budget for child welfare and protection services at a time of financial reductions generally is testament to our commitment to resourcing the comprehensive reform process which is underway.
The consistent implementation of the Children First guidance, which I launched last year, across all sectors working with children is a high priority for the Government. In this context I have established an interdepartmental committee to oversee progress in implementing the guidance across the Government. The revised guidance, together with the introduction of legislation, are designed to heighten societal awareness of the importance of safeguarding children. One of the key challenges for the HSE is the need to ensure that its services are rebalanced with an emphasis on primary prevention and family support for child welfare cases and interventions, including assessment of current risk, where child protection concerns are evident.
The HSE, as the statutory body responsible for promoting the welfare of children, already has in place a network of personnel to provide training, information and advice on the implementation of Children First. The HSE is currently providing a programme of information and training on the new guidance across the country. This includes the publication of its child protection and welfare practice handbook. A recent audit of Children First implementation has found that as of December 2011, 94% of all social workers have received and were aware of the new guidance and practice requirements. Children First is not new policy; it has been in place for over ten years and has guided the practice of those working with children over the period. In the case of the HSE and An Garda Síochána, the two statutory agencies with particular responsibilities for the assessment and investigation of child welfare and protection concerns, Children First forms an integral part of their existing operations and practices. In addition, the significant increase in the number of social workers since 2009 is of considerable assistance to the HSE in driving forward the process of implementation. I do not anticipate that the retirements this month will materially affect the capacity of the HSE to implement the Children First guidance when it is placed on a statutory footing.
I remind the Minister of comments she made while in opposition. On 4 November 2009 she stated in the Seanad:
It is, therefore, disturbing to read about the report from the HSE in The Irish Times today that the number of children in care who have a social worker has fallen by 7% this year. It makes a mockery of the recommendations made in the Ryan report if we do not have these services in place to deal with children in need of protection and care.
Since she came to office I have asked the Minister about the recruitment of social workers on a number of occasions. In November 2011 she said: "It is quite an achievement on the part of the HSE to have delivered 200 social workers, with 60 to be in place by the end of December and a further ten in January." On 17 November the Minister advised me that by end of 2011 an additional 60 social workers would be in place, all of which would be new and extra posts.
A question, please.
The Minister is now telling me that what was in place at the end of last year was ten more than were in place at the start of the year. Although in opposition in 2009 the Minister claimed it was a mockery not to implement the recommendations of the Ryan report, she failed to have those 60 social workers by the end of last year. In addition, 71 social workers are retiring under the HSE retirement programme. The Minister is now saying that it will be up to the HSE national director of children and family services, Gordon Jeyes, to decide which of those should be replaced.
I must call the Minister and will come back to the Deputy.
That is not good enough. What is the transition team doing and when was it appointed? What is the status of the Minister's commitment to appoint a further ten social workers in January? Where will she find the additional 71? Of the 60 social workers supposed to be in place by the end of last year, how many are in place-----
I call the Minister
-----as opposed to being in some form of negotiation of contract?
The Ryan report recommended an additional 270 workers. The agreement was that 260 would have been recruited by the end of last year. I am very pleased to say that I have lived up to that commitment. We have 260 social workers recruited, with another ten due to be recruited this year. That is what the implementation group has been working on and is what the Ryan report stated we needed. That has been agreed. I believe the Deputy came into the House a number of times and said we had gone backwards in terms of social worker numbers - we have not. He also doubted whether the budget would be in place for the 60 social workers. The budget has been agreed. The additional 60 social workers, at a very difficult time, have been recruited. The Ryan report recommendation has been met in full. Some 25 of those 60 social workers have already taken up their jobs. The rest, as the Deputy will understand, are giving in notice and have said they will join in coming weeks. It is very fortunate that I got the funding to recruit those 60 social workers because as the Deputy says, approximately 45 social workers representing 3.7% of the complement have indicated that they will retire. I have looked at where those individuals are and I am pleased that they are spread around the country and not in any one particular place. For example, 13 are in HSE south, eight in HSE Dublin north-east and so forth. I can give the Deputy those numbers if he would like to have them.
I call Deputy Boyd Barrett and then Deputy Ó Caoláin. Three questions are being taken together.
It is difficult to get my head around the answer the Minister has given. If I understand her correctly, at the beginning of last year, there were 2,342 social workers and at the end of 2011 there were ten more. That is a net increase of ten but 71 will retire at the end of February, representing a reduction in the number of social workers. I am unsure whether the 60 that have been recruited and to which the Minister referred are in addition to the final 2010 figure.
Okay. If one adds the increase of ten to the 60, that makes 70. However, with 71 to retire in February, that is a net decrease of one social worker. How on earth can the Minister claim this is meeting the recommendations of the Ryan report? More important, how can this possibly provide the required social work resources to meet the Children First guidelines which the Minister has committed to putting on a statutory footing? Peter McVerry has said that to bring us up to the number of social workers in Northern Ireland, which is by no means a beacon in this regard, we would need an extra 1,200 social workers. There seems to be no movement at all under the Minister's watch in terms of the net number of social workers available, although we need more.
Is there some massaging of the figures going on in terms of moving social workers from primary care teams and community preventative programmes into child protection? This seems utterly self-defeating and, ultimately, it will be more costly. Preventative social work should not lose out at the expense of social work further down the line. Clearly, prevention is even better than dealing with problems when they emerge.
There has been a failure to provide extra social work resources but we do not simply need more social workers. Once assessments are carried out we need a range of other resources which do not seem to be provided for in the budget in any way, including child care workers, family support workers, psychologists, occupational therapists and speech and language therapists. Where are the budget commitments to provide these resources? They will be necessary to put substance to the Children First guidelines and the Minister has stated she will put them on a statutory footing.
I reject Deputy Boyd Barrett's interpretation and I will give my reasons. For a start, there were 37 extra social workers working in child and family services during 2011. An additional 60 social workers have been recruited. As Minister I have ensured that the monetary provision for child and family services went up by €21 million or 4% this year compared to the previous budget. The previous Government reduced funding in this area by €14 million. I succeeded in maintaining the funding in a difficult situation and secured an increase of €21 million or 4%. I reject what Deputy Boyd Barrett stated about there being fewer resources in this area.
Clearly, the situation regarding the recruitment of social workers and how they are deployed has been impacted by the difficult financial situation in which the HSE finds itself. I have stated again and again that the legacy I have inherited is completely unsatisfactory as is the way social work services have been run within the HSE. It is so unsatisfactory that I cannot compare work with like work throughout the country because the data has not been collected for previous years. The legacy is a complete failure to manage these services in the way they should have been managed and a failure to give the data we need to plan for them properly. However, this is being dealt with and this is why there is a strong programme of reform in this area, led by Gordon Jeyes, with a focus on priority cases coming to the duty teams. This is being managed by him and his team. We are gathering more data so that we can plan better. Just as important, we are reforming these services so that we will deliver them in a new place away from the HSE in a new child and family support agency.
This is a challenging environment. I agree with what Deputy Boyd Barrett says about the challenging environment and the numbers of families who find themselves under pressure. Issues of drug and alcohol addiction are seriously impacting on families and there is an increase in the number of children coming into care because of these problems.
There is more than anecdotal evidence that social workers across the child care area are hugely challenged by the volume of cases and information presenting. This is something we must recognise, not only in terms of the current situation but in terms of the situation likely to present following the enactment of various legislation to which the Minister and the Government are committed, which will require human resourcing in order to address the issues properly. Has the Minister had the opportunity to address her concerns with regard to the need evidenced on the ground with the Minister for Public Expenditure and Reform, Deputy Brendan Howlin? Has she taken the opportunity to engage with him and to outline the importance of addressing this issue?
The Minister mentioned that a small number, in terms of the number of social workers and employees across the HSE-run residential care homes, are due to leave. She is not able to give me the precise information today but has promised to forward it in the future. Why is the HSE unable to give us that information at this time? The Minister was able to tell us that 45 social workers are to go from children and family services, 3.7% of the number of social workers, and I presume these are these are from outside of the residential setting. Why is the information on the residential setting not available to us? The numbers the Minister has flagged in her response are not a response to the exodus by retirees. Has she a contingency plan in place in her Department to address this further exodus of workers before the end of this month?
I have asked for the information with regard to the residential care settings and the information to date is that one person who is not on the care side is leaving that sector. That is the information to date. If this changes in the coming weeks, I will communicate directly with the Deputy on it. Based on the current figures, only one person is retiring. I believe this is largely influenced by the age profile of the workforce in residential care, which tends to be younger. This is encouraging with regard to the challenges in that area.
The Deputy raised the broader point of the demands in this area. Of course, I have had discussions with the Minister for Expenditure and Reform, particularly before and after the budget. The Government is very aware of the challenges. In meeting those challenges, we must also look at reform and at how we have been delivering some of the services. I have already outlined the plans to establish the new child and family service support agency. We must also look at areas like those raised by the Deputy. For example, we should look at how the guardian ad litem service is being run. This was included in legislation without a management plan and without clear criteria. It has developed in an ad hoc manner and needs to be examined. The cost of residential care and how it is provided must be examined and work is under way on that.
We cannot just say that more money will solve the issues. I accept resources are important to meet the needs of children and families but we must also look at reforming certain areas that cost significant money and look at the priorities in the different areas. We must also look to the voluntary sector providing child and family support services and must examine how this sector engages with the HSE in meeting the priorities as they present. I assure the Deputy that is being done within the HSE. The situation is challenging and the issues will not be solved over night. However, the Department, the HSE and the new agency will address the issues raised by the Deputy. This is a demanding time in terms of the demands on the services, given the legacy and the work that has not been done in a range of areas.
May I put a brief supplementary question?
We are running over time, but I will allow each of the Deputies put a brief supplementary question.
To recap, the Minister stated today that the 60 social workers who the Dáil was told last year were to be recruited as part of the Ryan report recommendations were not required as the levels recommended by the report had been reached because the Minister would go back as far as 2009. That begs the question of what was the point of recruiting those social workers in the first place. They were being recruited to bring compliance with the Ryan report recommendations but only ten were in place by the end of last year. That is totally inconsistent with the Minister's approach of letting social workers retire from the HSE.
Thank you, Deputy.
I was very disappointed to hear the Minister minimising the impact of those retirements by saying they would be spread across the country.
This is Question Time.
At the same time we are supposed to be putting an effort into raising the numbers.
Thank you. I call Deputy Boyd Barrett.
The Minister has not responded on how those places will be filled.
She will be given an opportunity to do so. We are way over time on this question.
I would like an answer.
Will the Minister clarify that under her watch, after retirements at the end of February, we are talking about a net increase of one social worker, according to her figures? This is against a background of children waiting 18 months for psychological assessment or six months to have hearing assessed, for example. In order to implement the Children First guidelines, we are going to need many more resources. Is it the case that the delay in putting the Children First guidelines on a statutory footing results from the Minister's awareness of "challenging circumstances" or "legacy issues" meaning that resources are not being put in? Therefore, the Government and the Minister could end up exposed to legal action if the guidelines are put on a statutory footing but we fail to put in place the necessary resources to implement them. Is that the reason for the delay?
I have just one point. In the Minister's first response to this group of questions, she used the term "fortunately, not all in the one place" in referring to the exodus of personnel.
That would worry me, although I can see how the Minister might look at it. Where is the fortunate aspect unless there is an intent not to ensure replacement? If these personnel were in one or a small number of locations, it would create an immediate crisis. Will the Minister assure us on the floor of the House that because these personnel are going in ones and twos in a range of areas across the country, it will not afford her an opportunity to ignore the need for replacement, given the enormity of the workload that each and every one of these social workers must take?
Deputy McConalogue seems almost disappointed that funding has been put in place for the 60 social workers who have been recruited and are ready to start. I do not understand the Deputy's point.
I am disappointed they are not in place.
The 262 people have been recruited, with the vast majority of them in place. A number of them are due to begin work in the next couple of weeks. I will provide the child and family social work numbers for Deputy Boyd Barrett. It is important to maintain numbers in the current climate, as the Deputy will appreciate. In 2010 there were 1,183 workers and in 2011 there were 1,220 - an increase of 37 on the previous year in child and family services. That does not take account of those in the batch of 60 who will start. I have given the following statistics before but total social worker numbers have gone from 2,189 in 2009 to 2,431 in 2010 to 2,441 in 2011.
The point was made as to whether social workers were moving from different areas but that decision must be made at a management level. I will give an example regarding adoption, where there is less demand and fewer people to be assessed. A number of social workers were involved in that process and some must move from that area to deal with highly pressurised areas, including child protection. There will have to be redeployment and flexibilities under the Croke Park agreement must be utilised in order to meet the challenges.
It will not be from community services.
That is a management decision locally. It relates to how to best use the resources that are there. I agree that community social worker and social workers in primary care are very important as well. At a time of huge demands in the child protection area, it is clear that we have to make decisions. Local managers are making decisions about the best use of the social workers who are in place.
I would like to make a point about the implementation of Children First. The guidelines have been in place for ten years. People are respecting them. By the end of December 2011, some 94% of social workers had been involved in discussions and training about the new Children First guidelines. The HSE is coping with the referrals that are being made, albeit in a very difficult environment of increased pressures. Clearly, I would like more resources to be devoted to this area. I am pleased to have managed to get the kind of increase I have secured. Unquestionably, many demands are being made on the services at present. These guidelines have been in place for some time. People have been working towards them for ten years. I do not doubt that those who are concerned about a child who needs care and protection, or who genuinely and in good faith feel that a child could be sexually or physically abused or neglected, are making referrals at the moment. It is about managing the resources that are available as best we can. As the economic situation improves, we will have to ensure more resources are devoted to this area. In the meantime, we have to reform the services as well.
I asked the Minister about her use of the word "fortunately". Will she respond to my worries and concerns that she will not actually follow this-----
I think the point I was making was clear. I was saying that 45 people were not leaving from a particular part of the service. It was in that context that I used the word in question. The local managers in each area will deal proportionately with the numbers that have left from that area and will come up with the necessary plans to deal with the situation.
Will they all be replaced?
Where it is a priority for them to be replaced, that decision will be made by the local and regional management. Ultimately, it will be a matter for the director, Gordon Jeyes. It will depend on the resources that are available.
59Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs if she has received the report of the Garda Inspectorate on Garda investigations of sexual offences against children; if she is addressing on an ongoing basis together with the Department of Justice the shortcomings identified in the report, including turf wars between the Health Service Executive and the Garda allegations of abuse not being investigated quickly enough thus compromising child safety and poor record keeping with up to 65% of sex crimes against children reported to the Garda in recent years not captured in the figures; and if she will make a statement on the matter. [8501/12]
View answerI can confirm that I have received a copy of the report referred to in the Deputy's question. The report was prepared by the Garda Inspectorate. It was submitted to my colleague, the Minister for Justice and Equality, who published it. I wish to make it clear that there is no "turf war" between the HSE and the Garda Síochána on the issue of sexual offences against children, nor is such a contention contained in the report of the Garda Inspectorate. This issue can be placed in its proper context by quoting directly from the report, which "recognises that turf issues will inevitably arise when work begins on a multi disciplinary response to child abuse". That is the context in which the phrase "turf issues" was used. The report refers to possible "turf" issues in a general sense. This statement was not aimed directly at the HSE or the Garda authorities.
I am satisfied that the HSE and the Garda Síochána are totally committed to addressing the issue of child protection in a co-operative manner. That has been my experience since I became Minister for Children and Youth Affairs. Clear leadership is being shown at a senior level within the HSE and the Garda Síochána. The need for close co-operation on child protection matters is being promoted throughout both organisations. The Garda Inspectorate report acknowledges "there is no doubting the declared commitments of the (then) OMCYA, the Garda Síochána and the HSE to the protection of children from abuse".
Having read the report, Deputy Ó Caoláin will be aware that it places a strong emphasis on inter-agency co-operation and the sharing of information. This is critical. It is why a strong emphasis on the development of inter-agency co-operation and the sharing of information has been included in the Government programme. That will underpin the legislation. There have been very positive developments since the report of the Garda Inspectorate came out. There is no doubt that many of the recommendations that were made in the report have been implemented. The new Children First guidelines have been drawn up and a new cross-departmental group, on which the Garda is represented, has been established. The Garda has taken many initiatives with which the Deputy is familiar, for example, an assistant commissioner has been placed in charge of this area and extensive training has been provided within the force. In recent weeks and months, the Garda has been providing updated training on the new children first guidelines, interview suites have come into operation and joint training for the interviewing of young victims has been provided jointly by the Health Service Executive and Garda Síochána.
Members of the Garda, HSE staff and I were present at meetings held around the country recently, which were attended by hundreds of front line social workers. While there is always room for improvements in this area, I am satisfied that good co-operation is taking place and that there is a strong commitment at the highest levels of the Garda Síochána and Health Service Executive to ensure child protection issues are prioritised.
The report of the Garda Inspectorate was commissioned in 2009 by a former Minister for Justice, Equality and Law Reform. Following its presentation to the then Minister in late 2010, it was not made public, allegedly owing to so-called legal constraints. Will the Minister advise the House as to the reason we had to wait for so long before the report was placed in the public domain? What legal constraints prevented its publication at the time? Does the Minister consider the report shocking? I find it shocking because it has thrown light on the fact that only slightly more than one third of the child sexual abuse cases reported to the Garda have found their way into the figures released by the Garda across its 112 districts. This finding calls into question all of the statistics on child sexual abuse across the State.
A question also arises in respect of the time factor involved in Garda investigation and address of cases that are reported. This must be a matter of concern because failure to address cases in which an offender is involved places not only the children involved at further risk but also places other children at risk.
I do not have information on the reason the previous Government did not publish the report. I understand the points Deputy Ó Caoláin makes as it is extremely important that cases are acted upon with the greatest possible urgency and priority. It is also important to recognise the changes that have taken place. In recent years, the Garda has attached a high priority to work in this area. For example, Garda policy now specifies the immediate creation of a PULSE record and requires that front line gardaí know exactly what is required of them in such circumstances.
The Deputy referred to the timeliness of investigations. It is my understanding that the Garda accords a very high priority to the investigation of child sexual abuse and will continue to co-operate with other agencies to ensure investigations are completed as quickly as possible. A high level group has been established involving the Garda and HSE to examine policy and procedures and the manner in which cases are dealt with in this area. This is a positive development.
A number of serious abuse allegations came to my attention recently. I asked the Health Service Executive to investigate and it did so with the Garda. Both organisations are working together closely on the matter.
Given the seriousness of the deficiencies highlighted in the Garda Inspectorate's report, will the Minister ask for an update report on the joint efforts being employed by the Garda and Health Service Executive to address them? It is not sufficient to presume or assume these matters have been dealt with in the manner in which one would expect them to be dealt with. Will the Minister ask that a report on the matter be presented and will she share the report with the House in order that Deputies with responsibility for addressing issues relating to children are kept informed?
The Minister referred to a Garda assistant commissioner. One of the recommendations of the inspectorate's report was that a Garda assistant commissioner be given special responsibility for child protection. Has that step been taken? The Minister can confirm that such is the case. Could the Minister circulate the information on the holder of that responsibility at her convenience?
That action has been taken. It is reasonable that Deputy Ó Caoláin would request a response to the various recommendations that were in the report and I would be happy to get the response and give him the information on the action that has been taken on the main recommendations of the report.
Question No. 60 answered with Question No. 58.
61Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs her plans to provide guardians to all unaccompanied children; and if she will make a statement on the matter. [8298/12]
View answerAppointment of a guardian ad litem, GAL, is provided under section 26 of the Child Care Act 1991. Under this provision, the court may appoint a guardian ad litem to a child who is the subject of care proceedings, if it is satisfied that it is necessary in the interests of the child and in the interests of justice to do so. They are always appointed where a child is subject to special care proceedings. I should point out that I do not have a role in the appointment of guardians. That is a matter for the courts.
Under the Child Care Act 1991, the Health Service Executive, HSE, is responsible for the care and protection of separated children seeking asylum until they reach 18 years of age. Their immediate and ongoing needs as well as their application for refugee status are the responsibility of the Health Service Executive in accordance with the Refugee Act 1996 (as amended) and the Child Care Act 1991. Where children are identified by An Garda Síochána, at the point of entry, their circumstances are investigated and if there are any concerns about their welfare, they are placed into the care of the HSE. In the majority of cases, separated children seeking asylum are not subject to court proceedings as the HSE accepts them into care on a voluntary basis.
When a separated child seeking asylum comes into care, he or she is allocated a professionally qualified social worker. The child's needs are assessed and he or she is placed in the most appropriate placement. A social worker also assists the young person with his or her application for asylum. The social workers allocated to separated children seeking asylum have received specialised training in this regard.
There is a national policy on standards for separated children. The policy states - it did not always say this but it does now - that those children should be treated equally with other vulnerable children and that there will be no differentiation of care provision, care practice, care priorities, standards or protocols for those children. That is extremely important. The number of children seeking asylum has steadily declined since its peak of 1,085 in 2001 to just 105 in 2010.
Additional information not given on the floor of the House.
The Implementation Plan on the Report of the Commission to Inquire into Child Abuse, 2009, contained a commitment that the HSE would end the use of separately run hostels for separated children seeking asylum and accommodate children in mainstream care, on a par with other children in the care system. In accordance with this commitment, the HSE phased out hostel type care for separated children seeking asylum and since January 2011, hostels have not been used to accommodate unaccompanied minors. Instead each child is cared for either in a foster care placement or a children's residential centre. Social workers, residential staff and foster carers are trained in the needs of separated children seeking asylum and are attentive to children who are not settling in a placement or those who may be particularly vulnerable due to past abuse or other trauma.
I thank the Minister for her reply on this matter. The key issue at stake here is how we deal with unaccompanied minors, that is, those presenting as children with no parents along with them, coming in to this country. As the Minister stated, the numbers have decreased, from over 1,000 in 2001 to just 105 last year. However, of the 79 unaccompanied minors in State care as of January this year, only eight had guardians appointed.
An issue of particular concern is that, between 2000 and 2010, 512 unaccompanied children seeking asylum went missing from the HSE. Of those, only 72 have been found, which means that 440 of those 512 children who disappeared from the care of the State in those ten years have never been found. My concern is that we ensure we look after those children and they get the proper care, but also that we ensure our country is not open to those who might want to engage in child trafficking. When so many children come into the country and then disappear - as I stated, 440 in ten years - not to be found by the HSE, that gives rise to serious concerns as to the safety of this country and ensuring it is secure from child traffickers. Although I would not in any way suggest that such activity is what is going on in the majority of these cases, it is something about which we must be careful. According to the Immigrant Council of Ireland, there is some evidence that child trafficking is taking place. What does the Minister plan to do to ensure the safety of children presenting in this country?
I share the Deputy's concern about this vulnerable group of young people. I wrote a report on unaccompanied asylum seekers and young people in this country. I was appalled at what I found and made a number of recommendations at the time, which was a number of years ago, including that these young people should be treated the same as Irish young people in care and that the same procedures, standards and support should be available. That was not the case a number of years ago and what has happened over the past ten years is disturbing.
These young people are not now placed in hostels, where they were very vulnerable. Some 105 unaccompanied young people came into this country last year and they are assigned a foster care placement or a children's residential centre if a foster home is not available immediately. That is a much better situation than what existed previously. Children were in hostels that were unsuitable and did not have the supervision they needed. They could have been vulnerable to trafficking or other dangers. Today, the situation is much clearer and the standards that apply are higher than what applied previously. The placements are better and more supervised and I pay tribute to the social workers who have worked in difficult circumstances over the past number of years. A specially trained team of social workers work with these children, who were in the most vulnerable situation. They deserve the very best care when they find themselves in this isolated situation where they are unaccompanied coming into this country.
I understand three unaccompanied minors went missing from HSE care in 2011. Ensuring that our services are strong so that this does not happen is critical to ensuring this country is not seen as somewhere open to child trafficking. I encourage the Minister to ensure we make every effort so that we have a robust service to ensure children are kept safe.
I agree and it is important these young people get the very best care. They are very vulnerable and the situation I have outlined to Deputy McConalogue is a huge improvement. ComReg recently made a decision on the missing children hotline and it will be available later in the year. It is a small but important element.
Regarding the number of missing children, sometimes children leave residential care and are two or three hours late coming back. These situations are reported and I have had discussions with HSE and the Garda Síochána about the appropriate management of children who might be at risk. There are many routine referrals when children are a few hours late and turn up in the residential centre. I take Deputy McConalogue's point on supporting these young people.
Question No. 62 answered with Question No. 58.
