The care of our most vulnerable children and young people is a matter of priority for me and for Tusla, the Child and Family Agency, which has statutory responsibility to protect children and promote their welfare under both the Child Care Act, 1991 (3) and the Child and Family Act 2013 (8).
There are a wide range of safety and quality assurance controls in place to provide oversight of the quality and safety of placements for children in the care of the State. Tusla and my Department are committed to promoting safe practice in all areas of care.
For example, the Agency provides and commissions Mainstream Residential Care Services, Specialised Residential Care Services and Special Care through 177 Residential Care Centres, comprising Tusla owned Centres, Community & Voluntary Centres, and Private Centres. Regulations and Standards govern the placement of children in the varying forms of Residential Care. These provide for the welfare of the child, the care practices, care records, accommodation and safety precautions. The Regulations also provide that the allocated social worker oversees the implementation of the child's care plan, visits the child and consults with family members and other people involved with the child to ensure that his or her needs are being met and that the care being provided is optimal.
In 2020 my Department conducted an IGEES Spending Review into Tusla Residential Care Costs. The review examined the context and rationale for State provision of residential care services for children and young people, provided an overview of government-funded residential care costs in recent years and presented an analysis of the key cost drivers underpinning residential care costs in recent years.
On establishment of the Child and Family Agency in 2014, the arrangements the Agency enters into with a person or organisation for the provision of child and family services or services have been subject to the provisions of Part 8 of the Act.
In accordance with Section 56 of the Act, Tusla commissions residential care services under a Service Level Agreement. These service level agreements provide clarity to all involved on what funding is to be provided and what service is expected in return for that funding.
Section 56 (14) is clear that Tusla's arrangements with such providers do "not give rise to an employment relationship between a service provider, its employees or agents on the one hand and the Agency on the other'. Service providers operate independently of Tusla and are responsible for their own internal resource management including the recruitment of employees and the terms and conditions under which their staff are employed. Staff in Community and Voluntary Organisations are not Public Sector Employees. For these reasons, neither Tusla nor my Department are in a position to determine the pay of workers in Section 56 organisation.
In 2021, this Tusla provided €6.2m (a once off 5% increase in funding to organisations engaged under section 56) in funding to section 56 organisations and additional funding, on top of the 5%, to specific organisations, where there were some clear sustainability/complexity issues. In 2022, additional funding of €6.0m is allocated to enable Tusla increase supports to the wider Community and Voluntary sector.
I am happy to confirm that my Department has increased funding to Tusla in recent years. Budget 2023 brings Tusla's funding allocation to €935m, an increase 4% on 2022. This underlines my commitment to supporting Tusla and its service delivery partners providing residential services for children in care.
