Dáil Éireann Debate, Wednesday - 14 December 2016
30. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs if her attention has been drawn to reports from the HSE of Tusla discriminating against children with disabilities in the provision of child protection services; and if she will make a statement on the matter. [40471/16]
View answerThe question I ask is one the Minister has answered already but perhaps she could further expand on the issue. I wish to ask her whether she is aware of the reports from the HSE of Tusla discriminating against children with disabilities in the provision of child protection services. Could the Minister focus on the new protocol that has been drawn up between the HSE and Tusla?
I will emphasise a few points that were made in the previous reply and then I will come to the protocol. HIQA has never found an instance where child protection services, when required, were not immediately available. Tusla does not discriminate on any grounds, disability or otherwise, and all child protection concerns are assessed in line with Children First. Children have diverse needs which are addressed accordingly and the children in the care of Tusla receive disability services from the HSE, where appropriate.
I referred to the new joint protocol, an amended one, which specifically focuses on disability. It has been agreed in principle. I will outline some aspects of that in a moment. Formal sign-off is expected shortly. Tusla advises that the protocol, the exact wording of which is being finalised, provides a clear escalation process should an issue arise or if there is an unresolved matter around access to appropriate and available resources.
In terms of the protocol, the objectives have been to clarify and set out the respective roles, duties and legal requirements of the HSE and the Child and Family Agency in relation to children and young people with a disability or with a mental health issue, and to develop pathways for increased understanding and co-operation between the HSE and the Child and Family Agency. Collaboration and close co-operation are needed between both agencies in order to ensure a consistent approach for the care of children, in particular those with disabilities.
In terms of the most recent agreements, I have already indicated some aspects of them to Deputy Ó Laoghaire. In addition, the HSE will define the lifelong placement agreement as adult placements, making the distinction with the Child and Family Agency fostering placements as well.
As we are all aware, the issue was in the media for many days and it did bring attention to the matter. The CEO of the Children's Ombudsman, Niall Muldoon, used the phrase "extremely concerning" and the manager of the autism support organisation, Shine, Kieran Kennedy, referred to cases in recent months. This is not 2014. I accept we cannot talk about individual cases but we must be aware of what was said by the CEO of the advocacy group, Shine. Parents at home listening to the debate this evening will welcome the new protocol. It identifies that there were issues, lack of communication and a possible lack of understanding.
Perhaps that is why we needed the new protocol. We need reassurance from the Minister that she is happy with this new protocol, that it will address concerns and that clear pathways will be found to prevent future discoveries
Clearly, if something has been amended, it was required. I was also distressed to hear some of our mutual colleagues respond in respect of media reports and concerns around inter-agency co-operation. My understanding is that they were reviewing in terms of their response a report that was based on 2014 agreements. As I said in my earlier reply, things have moved on in terms of inter-agency co-operation and ongoing efforts to ensure that children with disabilities receive the reports they require when and if they are in the care of Tusla. We have co-operation and inter-agency protocol. Yes, we need to ensure that there are moneys, particularly within the HSE budget, to provide the appropriate supports for children with disabilities in the care of Tusla.
The last point I will hone in on is the child protection bar. Is it too high? Is there a clear understanding between the HSE and Tusla as to when one passes from one to the other seamlessly so that if there is a concern, Tusla is in a position to intervene straight away, the goal posts do not keep moving and there is a clear understanding with the HSE that when it needs to make an open disclosure or involve Tusla regarding a child with disabilities, it falls under the remit? There were obviously different positions, procedures and best practices in different facilities but that is where it might have fallen down. Do we have a clear common denominator of practice and governance from one unit to another?
I believe they exist and that this recent spotlight helps us to ensure in an ongoing way that they exist. I reiterate that from a Tusla perspective over which I can stand in respect of children in the care of Tusla and efforts to ensure those with disabilities receive the supports they require from the HSE that the other dimension to this debate, to which Deputy Ó Laoghaire referred, involves required resources to ensure that those supports are there. It involves resources as well as inter-agency co-operation. I am also being very clear that the supports for children with disabilities come through the HSE budget but we need to ensure that lack of inter-agency co-operation does not stand in the way.
