Dáil Éireann Debate, Tuesday - 17 October 2017
35. Deputy Clare Daly asked the Minister for Children and Youth Affairs the status of the 572 adult retrospective reports of abuse that were unallocated by Tusla in June 2017; and if the number of unallocated cases in this category has increased or decreased in the period since June 2017. [43745/17]
View answerThe Minister told me in September that at the end of June, 572 retrospective abuse cases were awaiting allocation. Actions had been taken in respect of just 4% of those cases at that time. At that stage, 70% of cases had been live for at least two months. Does Tusla have any plans for a system-wide approach to change that? What is the status of it now? Are any efforts being made to clear the backlog?
Tusla has advised me that 1,949 historical or retrospective cases were on hand at the end of July 2017. This represented an increase of 51 on the number for June. Of the cases on hand, 1,370 were allocated to a social worker and 579 were awaiting allocation. The number of unallocated cases has increased by seven since June. All of these referrals have been reviewed by a social worker.
As the Deputy is aware, an historical or retrospective disclosure is one in which an adult discloses abuse experienced in childhood. I understand the overwhelming majority of such disclosures are about sexual abuse.
This is a very complex and worrying situation. The safety of children today is my top priority.
It is important to point out that all child-protection referrals which allege current or past criminal activity are referred to An Gardaí Síochána. Tusla’s focus is to screen historical or retrospective disclosures for any indication of current risk to children. In cases of urgent risk to a child, the disclosure is acted on immediately.
Tusla is dependent on the person making an allegation engaging directly with it and being prepared for his or her identity to be shared with the alleged abuser.
Tusla has a limited role where there is no evidence of a current risk to children. In respect of an adult making a disclosure, Tusla may assist him or her in accessing HSE counselling services.
I have asked Tusla to report to me monthly on the progress it is making.
I am concerned. We know One In Four recently criticised Tusla's handling of cases sent to it and what it sees as a failure to investigate properly. The Joint Committee on Children and Youth Affairs discussed the matter, in particular Tusla senior management in Laois-Offaly in 2015. Given that many serious issues were flagged around 2015, it is concerning that the number of unallocated cases is similar to what it was at that stage.
In September I asked the Minister about a particular report on child protection issues in the Laois-Offaly area which concluded 15 months ago. Tusla said it cannot publish the report, which could contain very valuable lessons in terms of dealing with these issues in the future. I am concerned about the reply on that basis. Does the Minister think senior management is on top of this issue?
I thank the Deputy. She referred to the Laois-Offaly report. As the Deputy is aware, these are very complicated matters. I would be happy to share a table which identifies the number of open, unallocated and high priority retrospective cases for 2017. The number of unallocated retrospective cases is decreasing, although the number increased between June and July. In addition, the figure for another category, the referrals which are being received each month, has increased significantly. The figure was 93 in January, 122 in February and 139 in March. Referrals are increasing.
The number of unallocated retrospective cases decreased, although referrals are continuing to come in. It is important to note that while the number of referrals is increasing there are many months in which the number of unallocated cases is decreasing. Cases are being assigned.
The most important point to note in the table is that cases which were initially assessed as high priority, that is, where there is a suspicion of risk to a child, comprised 177 in January, 160 in February and 120 in March. From that point on, there were none. Tusla is addressing cases and allocating them where a high priority has been assessed.
That is one way of looking at it. From our dealings with An Garda Síochána, we saw that there was a tendency in some instances to recategorise crimes in order to make them seem less serious than they were. From the point of view of cases classified as high priority, what investigations, if any, have been carried out? I am aware of anecdotal evidence in one or two areas where there was a belief that rather than cases being dealt with, recategorisation took place in order to tidy up records and make things seem less bad. One aspect of this is the management of cases.
Another aspect is the deficit in terms of a legislative framework to deal with these issues. Dr. Geoffrey Shannon, for example, has talked about the lack of clarity in the current legislative framework in terms of dealing with abuse outside the family and has, for example, called for the amendment of section 3 of the Child Care Act so that these issues could be addressed comprehensively.
In responding to the Ombudsman's Taking Stock report, Tusla has referred to a legislative lack of clarity. Are any changes proposed to address the oversight of cases being potentially reclassified and the legislative deficit?
The Deputy's first question was excellent. I have had many conversations with Tusla on the issue of the designation of a case as being unallocated and cases which are of high, medium and low priority. As the Deputy is aware, even though cases are unallocated assessments have been carried out by social workers. It is determined whether a child is at immediate risk and if he or she is a social worker is assigned to him or her. If there is a suspicion of criminal activity the case is sent to An Garda Síochána. If there is no immediate risk a duty social work team is assigned to the case and monitors it in different ways over a period of time until a social worker can be found.
Even though we are using the word "unallocated" that is not to say that there is no social work oversight. It is erring on the conservative side in terms of ensuring the protection of children. I am as concerned as the Deputy is about the numbers. At the same time, I am somewhat consoled by the fact that there is ongoing monitoring in that regard. In respect of the prioritisation of cases of high, medium and low priority, I am absolutely assured that the system is working and no children are currently at risk in light of retrospective cases which have been declared.
