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Child and Family Agency

Dáil Éireann Debate, Wednesday - 7 November 2018

Wednesday, 7 November 2018

Ceisteanna (19)

Mick Wallace

Ceist:

19. Deputy Mick Wallace asked the Minister for Children and Youth Affairs if her attention has been drawn to the findings of a report (details supplied) which found that the adversarial nature of cases involving child welfare threatens the principle of securing the best outcomes for children; if she has liaised with Tusla with regard to this report; and if she will make a statement on the matter. [45875/18]

Amharc ar fhreagra

Freagraí scríofa

I welcome the publication of a new report, ‘A Social and Economic Analysis of the use of Legal Services in the Child and Family Agency (Tusla)’, which explores the complex and sometimes fraught interaction of social work practice and the legal system.

I believe that empirical research which contributes to our understanding of child care proceedings is vital in furthering their improvement and development.

I would like to thank the report’s authors Drs Carmel Halton, Gill Harold, Aileen Murphy, and Edel Walsh, all of UCC. The study was funded by the Irish Research Council, with Tusla as the partner organisation.

The report provides thought-provoking perspectives on a number of issues. While its recommendations are principally directed towards Tusla’s social work services, Tusla’s educational welfare services, and to solicitors, the issues raised will also usefully inform officials in my Department and others as we continually seek to secure the best possible outcomes for children.

These issues raised include, among others, problems surrounding court delays, court schedules, and regular adjournments; a need for training to allow social workers and legal professionals to develop a mutual understanding of each other’s disciplines; and a need for increased specialisation among the judiciary.

As an overarching theme, the report compellingly suggests that the increasingly adversarial nature of the legal system is obscuring the principle that in the resolution of all proceedings, the best interests of the child shall be the paramount consideration.

As the Deputy will be aware, the Supreme Court has previously held that child care proceedings should be “in essence an inquiry as to what is best to be done for the child”, but the evidence of this report suggests that this worthy aspiration is not always achieved in current practice.

In this light, I am pleased to remind the Deputy of my Department’s ongoing Review of the Child Care Act 1991. The Review is a thorough examination of the legislation governing the child care and protection system.

Through this, we hope to address many of the systemic issues raised in this report. The report will assist my Department in the review of this Act, and its findings will help ensure that any new child protection and welfare legislation will work, in an improved way, for the benefit of our most vulnerable children.

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