Priority Questions
18Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs the number and proportion of children in the care of the State without an assigned social worker in February 2011; the same figures in respect of today; her plans to improve these figures; and if she will make a statement on the matter. [33529/12]
View answerAt present over 92% of children in care have an allocated social worker. In May 2012 there were 6,282 children in care compared to 6,015 children in care in February 2011. The figures reflect an increase over the period of 267 in the number of children in care, adding to the challenge for the HSE in ensuring that all children in care have an assigned social worker.
The allocation of a social worker is prioritised by the HSE to ensure children entering or about to leave the care system, those in a residential care placement or those experiencing a change of placement always have a social worker assigned to them. A principal social worker may decide to prioritise such cases over long term stable foster care placement where there is a temporary gap due, for example, to a social worker being unavailable because of extended leave or while a new appointment is awaited. In such situations there may already be a HSE link worker, who is also a professional social worker, supervising and supporting the foster carers and visiting the placement and the foster carers and the child should have information on who to contact should an urgent need arise.
Differences between care settings are evident from our data, with much higher proportions of children in residential care, including special care and high support, having assigned social workers. Over 97% of those in residential care have social workers assigned. In general, those children in residential care tend to have higher levels of need compared to others such as those in long term foster care. Addressing this issue is a priority for the HSE and progress has been made in recent months. Since the end of March 2012, the number of children in care without an assigned social worker has reduced from 507 to 476. This was over a period when the overall number of children in care increased by 46.
In May 2012, 476 children or 7.6% did not have an allocated social worker. In February 2011, 326 children or 5% did not have an allocated social worker.
Additional information not given on the floor of the House.
In both January 2011 and March 2011 the percentage of children in care without a social worker was 6.3%, while previously significantly higher numbers of children in care did not have social workers assigned. As recently as 2009, for example, some 17% of children in care did not have a social worker. Of the 476 children without assigned social workers in May, 458 were in foster care or foster care with relatives.
Notwithstanding the recent improvement and the more positive position in relation to residential care, efforts are required to bring about further improvements in this area. The HSE's 2012 national service plan identifies this as a priority deliverable. In this context the Government has made additional budgeting provision of €19m for child welfare and protection services compared to the funding made available last year. The funding will assist in addressing expenditure pressures from budgetary reductions made in previous years and growth and demand for services due to demographic and other factors. In overall terms, the 2012 provision is designed to support the HSE in meeting its obligations with regard to the welfare and protection of children under the Child Care Act 1991, together with a range of priorities set out in the HSE national service plan for 2012. As mentioned, these priorities include improvement in relation to a reduction in the numbers of children in care without an assigned social worker.
My Department will continue to work closely with the HSE to ensure that further progress is made over the remainder of the year in the key priorities set out in the national service plan.
I thank the Minister for her reply. I think she will agree that in light of the publication of the report of the child death review group in the past couple of weeks, the job of ensuring we provide the best possible protection to children who come into the care of the State is essential for the Government and one it must not shy away from. It must take the hard actions to achieve that. The report of the child death review group showed that many children were failed by the State and that, in many cases, the reason for that failure was the lack of resources and the pressure on our social workers to achieve goals and provide the care children required of them.
When the Minister came into office in February 2011, some 94.6% of children in State care had an assigned social worker. Having an assigned social worker is essential to ensure the child has a point of contact and someone from the State to look after him or her and to ensure he or she gets the service he or she requires. A year and a half later, the percentage has dropped to 92%. The Minister said the increase in the number of children in care has added to that. What has also added to that is the fact the Minister did not achieve her target of hiring an additional 60 social workers in 2011. In fact, the number hired was 14.
The exemption from the recruitment embargo, which existed when the Minister came into office, is no longer in place. Will she put that exemption from the embargo back in place and outline her plan of action to ensure each child in the care of the State has an assigned social worker?
Since March of this year, I am very pleased to say we have seen an increase in the number of children who have a social worker. The number is steadily going in the right direction. One can take any period of time and parse and analyse it but what we need to do is look at the overall situation. It is true that 2011 was a very difficult year for the HSE child and family services. It was faced with a €14 million cut in the Estimates for 2011 as a result of the last set of budgetary decisions taken by the Deputy's party when in office. As he will know, I got an increase of €21 million and one is beginning to see that come through in the increased allocation.
This is an important issue and it is extraordinary to think that as recently as 2009, some 17% of children in care did not have social worker. However, the number is going in the right direction with the vast majority - more than 90% - having a social worker. There is a legal obligation for children in care to have a social worker. We must ensure that figure increases as part of the overall reforms we need to implement, despite the pressures that exist. With the increased budgetary allocation and the recruitment of approximately 262 social workers that is under way, we are seeing more social workers in place. This is despite the recent changes and the numbers who retired in February last. That will all help.
There is a historic problem of the services not allocating a social worker. I agree with Deputy McConalogue with regard to the priority this area should be given and that we need to put child protection at the centre. All the reforms I am working on have as their goal the provision of a child protection service that delivers and truly protects children.
19Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs the date on which she plans to publish legislation to facilitate the holding of a referendum on children’s rights; when she will advise opposition spokespeople of the wording of her amendment; the date on which the referendum will be held; and if she will make a statement on the matter. [33710/12]
View answerThe Programme for Government 2011 - 2016 states that the referendum on children's rights is a priority and that the wording of the proposed referendum will be along the lines of that proposed by the all-party Joint Committee on the Constitutional Amendment on Children, JCCAC. From the outset of deliberations on the constitutional amendment on children's rights, the need for all-party consensus on this topic was highlighted. Having been a member of the JCCAC alongside Deputy Ó Caoláin, I can attest to the level of all-party co-operation afforded the then Government in the work of the committee. I pay tribute to the work of the Chairman of that committee, former Deputy Mary O'Rourke.
Both myself and officials of my Department have engaged extensively with the Attorney General and her officials to formulate a draft wording for the proposed constitutional amendment. Contact in that regard is ongoing and, as part of normal process, will involve consultations across the relevant Departments in advance of presentation of a proposed wording to Government for consideration. Integral to the passing of the proposed amendment will be a change as regards adoption law in the position of children of marriage and married parents. To ensure that the public are fully informed of the nature of the proposal and the consequences of approving it, the proposed amending legislation in the area of adoption will be published along with the wording of the amendment.
Publication of the referendum Bill will have regard to the need to allow an appropriate period for the proposal to be fully debated and considered by the public and by the Oireachtas.
I have already undertaken informal consultations with the political parties and others and I intend to continue to consult with Opposition spokespersons as the preparations which are currently under way progress. I also envisage that the issue will be dealt with in the Joint Committee on Health and Children.
The Government has yet to consider the matter of the precise referendum date but it has already decided that it will take place later this year and will be held on a stand-alone basis. The significant and complex work currently being done is geared towards this timeline and objective.
The Minister will understand the frustration felt in some non-Government parties at the absence of information regarding the ongoing engagement with the Attorney General and the consideration by the various Departments which the Minister indicated previously. There is concern that slippage may occur. We are a little over a week away from the summer recess and the House will not resume until September. The referendum is to be held in the autumn but much can happen in the intervening period of weeks. I am sure other Opposition Deputies are of the same view as myself and are anxious to have a direct engagement with the Minister. I would be available throughout August and early September if an opportunity presented.
We are all, understandably, anxious that an all-party supported proposal be put to the people. I note the Minister said the wording of the proposed referendum will be along the lines of that proposed by the joint committee. Nevertheless, the absence of hard information gives rise to justifiable concern that what we agreed during the course of that long engagement in committee may be emaciated by a variety of departmental considerations and the Attorney General's fears. If the Minister is not in a position to provide certainty regarding the date of publication of the facilitating legislation for the referendum and the changes to the Adoption Acts to be presented in tandem, will she indicate her willingness to meet spokespeople on children's issues in this House either over the course of the recess or early in September? I hope she will understand fully the anxiousness I am describing.
As the Deputy will be aware, this was a priority for the Government and we have not put off a decision on holding the referendum. We have made it clear that it will be held this year and, given its importance and the range of issues to be addressed, that it will be a stand alone referendum. That is an indication of our commitment and such a timely response has not been seen from a Government previously.
I assure the Deputy that I will liaise directly with him and with Deputy McConalogue on an ongoing basis between now and September. I am also happy to brief them fully on the adoption legislation. These are complex issues. There is all-party agreement on them and I want to continue that agreement. I will certainly facilitate ongoing consultation and discussion on the referendum and the accompanying adoption legislation.
I welcome the Minister's indication that she will meet Members of other parties. I acknowledge that we have spoken previously on the matter but it is important that our engagement is ongoing. She will understand that in the absence of detail from not only our own parts, but also a range of external interests in this area, the clamour of concern is growing. We must have faith in what she and her Department are proposing. I have had faith heretofore and I want to be able to respond to concerns with the certainty I had when we concluded our deliberations and report in committee more than two years ago. It must be acknowledged that the delay is inordinate and this gives rise to understandable concern. The Minister would go some way towards addressing this concern by keeping others in the House informed as best she can. I hope we will be consulted prior to the Cabinet agreeing to the wording. Surely that would best inform the final proposition to be put before the people.
I understand the point the Deputy is making. I do not accept that the delay has been inordinate. On the contrary, this is a priority issue for the Government and our actions reflect that. My Department and the Office of the Attorney General is doing detailed and committed work on the issue and it is subject to considerable interaction and discussion between the Attorney General's office and me. Considerable progress has been made but the Deputy will appreciate that further work is required in terms of painstakingly examining the wording that was considered by the committee to see how it can be translated into a constitutional referendum. I will continue to brief Members because I agree with Deputy Ó Caoláin on the importance of co-operation in this area.
20Deputy Seamus Healy asked the Minister for Children and Youth Affairs the current arrangements for the 24/7 availability of social workers; the extent of the current arrangements; the areas covered; the timescale for the roll out of this cover throughout the country; and if she will make a statement on the matter. [33635/12]
View answerIn response to the publication of the report of the independent child death review group, I reaffirmed my view on the importance of children in crisis, no matter where they are, having access to 24-hour social work assistance. I recently discussed this issue with Mr. Gordon Jeyes, national director for children and family services in the HSE. I expect the HSE to bring forward an implementation plan for the roll-out of a national service model later this year for implementation by the new child and family support agency.
The Health Service Executive already provides out-of-hours emergency services for children at risk in the greater Dublin area through the crisis intervention service - which I recently visited in Dublin - and outside the greater Dublin area through the emergency place of safety service. The crisis intervention service provides out-of-hours emergency social work assistance to young people aged under 18 years who are in crisis. That service operates across the greater Dublin area, including counties Dublin, Kildare and Wicklow. Referrals are made by service providers outside of normal working hours - that is, gardaí, hospital and ambulance service personnel.
Outside the greater Dublin area in 2009, the HSE established the emergency place of safety service whereby gardaí can access an emergency placement for children found to be at risk out of hours. This is a great improvement compared to the previous service. The current service involves the placement of a child in a family setting until the next working day, when the local social work service assumes responsibility for the case. As part of this service, gardaí have access to advice and information from a non-HSE social work off-site resource which is provided on a contract basis.
I pay tribute to the work of the Garda Síochána over the years in this area. Now is the time to support that work in having new procedures in place. In 2011, the HSE commenced two out-of-hours pilot projects, one in Donegal and the other in Cork. Both projects were evaluated by the HSE, which then commissioned an independent external assessment, undertaken by Trinity College, Dublin. On the last occasion, I was asked about this by Deputy McConalogue and said that the report was being undertaken. It has now been completed and presented to Mr. Gordon Jeyes. My Department has recently received a copy of the report whose findings will inform further decisions in the coming months on progression to a national out-of-hours service model.
I thank the Minister for her reply. As she knows, this is an area that has given rise to considerable concern and continues to do so despite the various emergency proposals that have been put in place. While they are an improvement, they are neither adequate nor appropriate. Over the years, numerous serious incidents have occurred out of hours but had these services been available, things might well have been different.
Is the Minister satisfied with the proposal, and the commitment given by Mr. Jeyes and the HSE, concerning the roll-out of the service she has outlined? Is she satisfied that the roll-out will take place prior to the end of this year? There have been promises in the past about this matter, but they have not come to fruition. In view of the various reports that have been prepared, including the most recent report on child deaths, it is vitally important that this service should be put in place immediately.
I want to inform the House that the existing pilot projects that were running in Cork and Donegal will continue in 2012. Clearly, whatever model emerges will need to address the challenges of the varying demographic demands in rural and urban settings. For example, the number of referrals to the Cork pilot project was 29, while the Donegal pilot only received eight referrals.
Building on the Cork and Donegal projects, and the lessons which we must learn from them, the HSE will be designing comprehensive national arrangements which can be implemented by the new child and family support agency. I would expect that around September or October we will have that national plan for the model that needs to be used. I do not believe it will be the same model in all parts of the country as needs vary. We must ensure we put in place a model which ensures access to social work intervention. The format within which that will be provided may and should vary depending on the demands of different areas.
I assure the Minister that we will be monitoring the situation closely. It is hoped that, as stated by the Minister, a national plan will be ready for implementation in September-October.
My understanding is that non-replacement of social workers on maternity, sick and annual leave is giving rise to serious concern not alone in this area but in a range of other areas. I would welcome the Minister's view on this.
Given the current financial situation resources is a key issue. Replacement of social workers is outside of the embargo. The director of child and family services has the authority to replace social workers within the resources available to him. These are greater than previously. There is a great deal of demand in this area although not so much in terms of out-of-hours services but in general. There are many pressures on the services given the financial situation. The Deputy will be aware that we have recruited an additional 262 social workers.
Retention of workers in the health service and in particular in the area of front line social work, which has been the subject of many studies nationally and internationally, is an ongoing challenge. However, issues can be acted upon to address this, including, for example, the provision of more support to front line social workers and more supervision. The new plan, which has been put in place by Mr. Gordon Jeyes, in regard to the amalgamation of child protection and family support services and ensuring families are referred to the appropriate services will, along with the new agency, help in the provision of better and more effective services.
21Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs when an implementation plan will be published on the recommendations of the Report of the Independent Child Death Review Group; if she will confirm that all recommendations will be implemented; and if she will make a statement on the matter. [33530/12]
View answerI indicated when I published the report of the Independent Child Death Review Group that I welcomed its findings and recommendations and that I fully accept the need for action in the areas identified.
As advised at a recent meeting of the Oireachtas Joint Committee on Health and Children, following consultations with the Taoiseach, I am putting in place an implementation process for the Gibbons-Shannon recommendations. Many of the recommendations of the review group's report echo recommendations made in previous reports and actions are already under way to implement these as part of the reform programme under way in children and family services. Where recommendations give rise to a need for new actions my Department will incorporate these within the implementation process.
My Department is currently preparing a detailed project implementation plan for the reform of children's services. Linked to this, it is preparing a single database of various report recommendations over recent years to streamline reporting to me on these matters. Reporting on the Gibbons-Shannon recommendations will form part of his streamlined reporting mechanism. It is my intention to bring regular progress reports on my Department's reform programme to Government, the relevant Cabinet sub-committee, this House and relevant committees.
On the content of the recommendations, as stated, many of the actions and reforms identified by the review group are already under way as part of the Government's reform programme, the most radical reform of child welfare and protection services ever undertaken in the State. I believe the review group report will add further impetus and support to this comprehensive change programme.
As I have often stated, it is my contention that child and family services have for too long competed with other priorities within the health services. This was a critical factor in the decision by the Government to establish a dedicated child and family support agency. The agency, which will report to me as Minister for Children and Youth Affairs will on its establishment in early 2013 carry forward key elements of the change programme.
I thank the Minister for her reply. This is the first occasion since publication of the report of the Independent Child Death Review Group that I have had an opportunity to discuss it with the Minister on the floor of the House. I commend the authors of the report, Dr. Geoffrey Shannon and Ms Norah Gibbons, on their dedication over the past 18 months in teasing through the detail of each child's case with a fine-tooth comb and highlighting what went wrong with the State services. Tragically in the cases of the 196 children who died in the care of the State, including 112 who died of unnatural causes, much went wrong. That makes it all the more important that each of the recommendations in the report is implemented with no dilution. I specifically refer to the recommendations to change the in camera rule, having mandatory after-care for children leaving the care of the State at the age of 18 and the establishment of a death review panel entirely independent of the HSE. When can we expect to see that implementation plan? Will the Minister state that she will accept nothing less than the full implementation of all the recommendations in the report?
I join the Deputy in thanking the authors of the report for their work. It is pretty devastating to read a report on the deaths of children. In this House just two years ago there was a lack of clarity even on the figures. With this report we now clearly have increased transparency. Clearly the kinds of reforms needed in this area will not take place overnight and a great deal of work remains to be done. There are significant legacy issues in putting the child and family protection services on the kind of basis we would want to see and that is very clearly illustrated in the report. The question of interagency work needs to be taken very seriously not just by my Department but by a number of other Departments and by a range of agencies as well as statutory agencies. That is a very big challenge.
I have already started discussions on implementing the recommendations and I intend to continue discussions over the summer on the development of the child death independent review mechanism. Yesterday I met representatives of HIQA and began discussions on roles it might play. I will also meet representatives of other relevant bodies. I want to develop a mechanism. In many ways very good work is already being done by Dr. Helen Buckley and her team. The HSE and Government had obviously established a service. The implementation group suggested a new way to develop that independent child death review mechanism and I intend to examine that and see how its recommendations can be implemented. I have already outlined that the child and family support agency legislation will deal with the after-care issues that arise from the report. I have already started work on a number of the areas. We need the database I outlined to the Deputy in order to streamline the various recommendations. We have the implementation of the recommendations from the Ryan report, which is progressing. I am confident that each of the recommendations will be progressed in the coming months.
Will the Minister give a commitment that the recommendation for mandatory after-care will be implemented in full? Unfortunately the report showed that children in after care were failed to an even greater extent than any other children in the care of the State. Nothing less than mandatory after-care is required and I ask the Minister for an assurance on that. As the Minister rightly points out the challenges still remain. Since the period covered by the Shannon-Gibbons report published last week, 40 children in the care of the State died up to May of last year. It is an area that requires much attention by the State and is very difficult. We must ensure that our services are as safe as possible. On the issue of a mandatory after-care policy, I ask the Minister to give a commitment today that she will introduce mandatory after-care provision and not something short of that.
In regard to any deaths in the recent period, the Deputy will be aware that reports have been published and information is in the public arena on how many of those deaths were natural deaths. It is important to remind ourselves that non-natural and natural deaths of children under the age of 18 occur. They are reported on now immediately by the review mechanism and panel that is in place in the HSE, and that is only right. We are talking about further developing that mechanism.
In regard to after-care, it is important to acknowledge that the numbers receiving after-care have increased hugely from 847 in 2009 to 1,340 as of March 2012. Far more young people are receiving after-care and, clearly, more budgetary resources are being given to young people leaving care. After-care was an issue that was identified in the report. I intend to bring legislation forward, with advice from the Attorney General. As I said, I will bring it forward in the Bill to establish the Child and Family Support Agency to ensure that all children in care have an assessment of needs carried out before they are 18 years of age and that all children in care should be entitled to the supports they need. I have legal advice on this, as the Deputy will be aware, and I have discussed this matter with the Deputy and with Deputy Ó Caoláin on a number of occasions here and the position is that at present that obligation is on the HSE. Not every young person leaving care after the age of 18 will need after-care. The question is one of assessing those who do and ensuring that they get the service. I will seek to further clarify the obligations of the HSE in regard to after-care in further legislation later this year.
22Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs the date on which she will introduce regulations to amend the in camera rule in courts. [33318/12]
View answerI thank the Deputy for his question on the in camera rule in the courts. This was clearly identified in the child death report as an issue and it was felt that there was a need for more transparency. I believe that there is scope for more transparency in regard to the private nature of court proceedings relating to child welfare and protection cases. We certainly need to put in place a mechanism to ensure that the learning from such cases is shared across the system while continuing to protect minors’ interests and maintain anonymity. I have had discussions with the Minister, Deputy Shatter, on this and he will be bringing forward legislation in regard to the in camera rule.
There is a provision in the Child Care Act which permits me also to specify a class of persons to publish reports of proceedings under Part III, IV or VI of the Act, once I am satisfied that the publication of reports prepared in accordance with subsection (5)(a) by such persons is likely to provide information which will assist in the better operation of the Act, in particular in relation to the care and protection of children. There is a useful parallel under the Civil Liability and Courts Act 2004 which allows, subject to direction of the court, bona fide researchers and lawyers to attend hearings for the purpose of preparing anonymised reports on the proceedings and court decisions. That was the basis, as the Deputy will probably be aware, of the work that Dr. Carol Coulter did in this regard under the auspices of the Courts Service.
With this in mind it is my intention to bring forward regulations to allow for the reporting on child welfare and protection proceedings. The exact nature of those regulations will be informed by consultations with my Department, the other relevant Ministers, the Minister for Justice and Equality and the Courts Service. The date for introduction of any regulations will obviously be contingent on the outcome of those consultations. I am keen to progress this matter as quickly as possible.
Additional information not given on the floor of the House.
The Child Death Review Group maintains that keeping a shroud of secrecy around child care cases does not necessarily mean that the interests of minors are always protected as well as they can be, as practices which may need overhauling are shielded from scrutiny. If we are to truly commit ourselves to reform of child welfare and protection services, then this matter must be adequately addressed and it is my intention to do so, in consultation with the Minister for Justice and Equality.
In the aftermath of the report of the Independent Child Death Review Group, the Minister indicated that she was of a mind to have this changed. I welcome her indication that the Minister for Justice and Equality, Deputy Shatter, is to facilitate bringing forward a change in this regard. Is the Minister in any position to advise us when that might come about? Are we likely to see that proposed change any time soon? Will it be in the autumn schedule of legislative change? Is the Minister able to elaborate in any way as to what change will be proposed? She is aware that the Ombudsman for Children, Emily Logan, has highlighted the difficulties in accessing information. She was significantly curtailed in an investigation into one of those cases highlighted in the said report of September 2008 to which we both referred. The in camera rule is being used continuously as a means, a barrier, to full exposure of the details in any particular case. She indicated that the excuse proffered by the HSE at the time was the restrictions on the in camera rule. This excuse has been and is being used. At least up to last month, she was facing four legal challenges to investigations, not all before the courts but all challenges relating to specific investigations which the Office of the Ombudsman for Children, was undertaking.
We must recognise that the operation of the in camera rule is very problematic and we must ensure that the whole area of child care and provision is not invisible to us because of other elements of the Statute Book. I would welcome any elaboration the Minister can offer about the Minister, Deputy Shatter’s proposal. I emphasise that in line with her own commentary earlier this year that this should be done as quickly as possible.
I spoke to the Minister, Deputy Shatter, about this issue today. I cannot give the Deputy an indication of precisely when this legislation will come forward but the Minister is actively considering it. That is progress because this issue has been around for many years and has never been dealt with. The Minister, Deputy Shatter will bring forward legislation to deal with it. I am in a position to inform the Deputy that I will introduce regulations so that child care cases can be reported. The shroud of secrecy has not been in the interests of children. It is important to protect the identities of children and the identifying details of cases but there is a way to do so, as Dr. Carol Coulter showed in her research. The Deputy rightly states it is important to make children visible in the courts in the same way as the constitutional referendum should make children visible in the Constitution. Likewise, this issue is relevant with regard to a discussion of court hearings involving children.
I welcome the second point because this was the thrust of my question in which I referred to regulations rather than legislative change. I thank the Minister for indicating that she intends to address this matter within her own portfolio, the means of which allows her to progress it. Let us hope that between both we will see a situation where the practice heretofore of some hiding from proper and full scrutiny will be at an end.
