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Child and Family Agency Services

Dáil Éireann Debate, Thursday - 11 May 2017

Thursday, 11 May 2017

Questions (5)

Anne Rabbitte

Question:

5. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs the number of cases relating to adult retrospective disclosures that have been referred to Tusla since 2011; the number which remain unallocated; and the number of these that are deemed high risk. [22525/17]

View answer

Oral answers (6 contributions)

This is to ask the Minister for Children and Youth Affairs the number of cases relating to adult retrospective disclosures that have been referred to Tusla since 2011, the number which remain unallocated and the number of those that are deemed to be at high risk.

A historical or retrospective disclosure is where an adult discloses abuse experienced in childhood. I understand that the overwhelming majority of such disclosures are about sexual abuse. Tusla has advised me that there were 1,895 historical and retrospective cases on hand at the end of March 2017. Tusla has also indicated that, included in these cases and during the first three months of this year, it received 354 reports from adults about past abuse. Of the cases on hand, 1,141 were allocated to a social worker and 754 were awaiting allocation. All these referrals have been reviewed by a social worker and 120 have been categorised as high priority. While this is a very complex and worrying situation, the safety of children now is my top priority.

It is very important to point out that all child protection referrals which allege current or past criminal activity are referred to An Garda Síochána. Tusla's focus is to screen historical and retrospective disclosures for any indication of current risk to children. In cases of urgent need, the disclosure is acted on immediately. Tusla has a limited role where there is no evidence of a current risk to children. In respect of the adult making the disclosure, Tusla may assist him or her in accessing HSE counselling services.

Tusla's policy in assessing risk relating to an adult about whom an allegation of sexual abuse has been made is strictly guided by the principles set out in the Barr judgment. In such cases, the person must be informed of the nature of the allegation and the identity of the person who is making the complaint. Tusla must adhere to the practice of due process and fair procedure.

Tusla has put in place a service improvement plan, with experienced social workers dealing with the high priority cases. Medium and lower priority cases will be dealt with by social workers drawn from other services and provided with training and supervision. I have asked Tusla to report to me monthly on the progress it is making.

I thank the Minister for her response. I, too, acknowledge that it is a very complex issue. Although I have a script in my hand, I feel compelled to depart from it. People do not realise the gravity of this matter. It is about what happens when a person makes a disclosure in adulthood about an incident that happened during childhood. The person has found the courage to come forward, yet we are saying it is a matter for An Garda Síochána and that Tusla has dealt with it fully in recording the disclosure. Having made that first step, the person has to come forward again to ask An Garda Síochána to take up the mantle. Although the person about whom the disclosure has been made could still be actively involved in the community, childminding, working in the local GAA club or whatever, Tusla has done its job, dotted its i's and crossed its t's, and sent the discloser on to the Garda. The discloser has been kicked back again and may lose his or her courage.

We need to tighten up on the roles and responsibilities between Tusla and An Garda Síochána. There should be a bridging period in terms of people's age, for example, if somebody aged 18 or 19 has gone to college and sought independent counselling and support outside the family for the first time. We should be encouraging such people.

I take Deputy Rabbitte's points. It is important to have ongoing collaboration between Tusla, An Garda Síochána and, in terms of counselling services, the HSE. My response focuses on the legal responsibility of Tusla in this regard and on identifying where there are other responsibilities there too. In her follow-up question, the Deputy suggested that the ways in which these responsibilities are defined may leave those who have taken the decision to contact a statutory agency and make a disclosure feeling that they may not get the proper supports and services. My understanding is that there is a process that people go through when contacting Tusla. They are supported in that regard.

From Tusla's perspective, the most important thing is to identify whether there are any children currently at risk. Tusla also provides referrals where HSE counselling supports are required, as well as support for the person to go to An Garda Síochána. That is not to say that the systems are perfect. I am trying to indicate clearly what Tusla's responsibilities are.

I thank the Minister. Adult disclosure referrals are being categorised as low priority. I asked the chief executive of Tusla when he was before an Oireachtas committee recently how adult disclosures are categorised, and they are low priority. That set off alarm bells for me. I still think about the children who are at risk.

We need a strategy that seeks to educate, create awareness and encourage adults who have experienced abuse to come forward and thereby reduce child sexual abuse. We also need to use the information to protect further generations of children and young people from abuse. This is one of the dark parts of our history. The Minister and I and all Members of the Oireachtas will be defined by how we address these matters. We must bring all agencies together to clear the retrospective and historical cases as quickly as possible. I have requested that we have a section within Tusla that is singularly responsible for retrospective cases in order that we can clear the backlog.

I agree with Deputy Rabbitte in that regard. What I am trying to indicate is how to identify risk or possible risk to children and to protect them. Adults who request or who would benefit from counselling or other supports are directed to the HSE or other counselling bodies that support victims of abuse.

I am keen to emphasise a point I indicated in my answer. If someone comes to Tusla and goes through that process, in keeping with the Barr judgment, Tusla is obliged to write to the person against whom the allegations have been made where there is sufficient information to do so. This is going to result in a large number of letters issuing around the same time from the end of quarter 2 or the beginning of quarter 3 in 2017. It is likely to raise public awareness.

It is important the public and the media understand the process Tusla is obliged to follow in respect of writing those letters. The aim of the process is to balance the safety of children and fair process for a person against whom an allegation is made. My Department and Tusla will work together closely on a communications strategy to provide assurances on these matters relating to public information.

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