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Wednesday, 19 Oct 2022

Written Answers Nos. 133-152

Social Welfare Eligibility

Ceisteanna (133)

Michael Creed

Ceist:

133. Deputy Michael Creed asked the Minister for Social Protection if a person (details supplied) in County Cork is entitled to the fuel allowance. [52223/22]

Amharc ar fhreagra

Freagraí scríofa

The Fuel Allowance is a contribution towards the energy costs of a household.  The payment of €33 per week for 28 weeks (a total of €924 each year) is paid from late September to April.  One of the conditions for receipt of fuel allowance is that a person must satisfy a means test. 

In respect of the 2022/2023 fuel season, an application for Fuel Allowance has not been received from the person concerned.  An application form has been posted to him. 

From January 2023, there will be a new means threshold for people aged 70 and over, of €500 for a single person and €1,000 for a couple.  In addition, these applicants no longer have to be in receipt of a qualifying payment to access Fuel Allowance, provided they satisfy the means test and the household composition rules.

Details in relation to the application process for those aged 70 and over, including how and when to apply, will be advertised by the Department towards the end of this year.    

I hope this clarifies the position for the Deputy.

Social Welfare Eligibility

Ceisteanna (134)

Paul Kehoe

Ceist:

134. Deputy Paul Kehoe asked the Minister for Social Protection the reason that those on community employment schemes are excluded from receiving fuel allowance; and if she will make a statement on the matter. [52242/22]

Amharc ar fhreagra

Freagraí scríofa

The Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at an estimated cost of €366 million in 2022.  The allowance represents a contribution towards the energy costs of a household.  Only one allowance is paid per household.

It is incorrect to say that those on Community Employment schemes are excluded from receiving the Fuel Allowance payment.

If a participant on a Community Employment (CE) scheme was in receipt of Fuel Allowance prior to going on the scheme, they can continue to receive the fuel allowance payment while participating on the scheme once they continue to satisfy the qualifying conditions.

If the CE participant was not in receipt of the Fuel Allowance payment prior to going on the CE scheme, they may still apply for and qualify for Fuel Allowance in the following circumstances:

- If the CE scheme participant was in receipt of a long-term qualifying payment prior to going on the CE scheme, this will allow them to satisfy the qualifying payment element. However, all other qualifying conditions of Fuel Allowance must also be satisfied.

- Where the CE scheme participant has an established underlying entitlement to Fuel Allowance but is not in receipt of the allowance because another member of the household was receiving the payment, it is open to the CE scheme participant to apply for Fuel Allowance if these circumstances change, e.g., where the Fuel Allowance recipient leaves the address. 

Any decision to extend the eligibility criteria for Fuel Allowance for other people participating on a CE scheme would have to be considered in the overall budgetary context.

Finally, the Department of Social Protection provides Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have an urgent need, which they cannot meet from their own resources.  These payments are available through our Community Welfare Officers.

I hope this clarifies the matter for the Deputy.

Social Welfare Eligibility

Ceisteanna (135)

Claire Kerrane

Ceist:

135. Deputy Claire Kerrane asked the Minister for Social Protection if she will clarify community employment scheme participants’ eligibility for the fuel allowance; if a person can retain their entitlement to fuel allowance once they join a CE scheme; if they can apply for fuel allowance once they are on a CE scheme; and if she will make a statement on the matter. [52277/22]

Amharc ar fhreagra

Freagraí scríofa

The Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at an estimated cost of €366 million in 2022.  The allowance represents a contribution towards the energy costs of a household.  Only one allowance is paid per household.

If a participant on a Community Employment (CE) scheme was in receipt of Fuel Allowance prior to going on the scheme, they can continue to receive the Fuel Allowance payment while participating on the scheme, once they continue to satisfy the qualifying conditions.

If the CE participant was not in receipt of the Fuel Allowance payment prior to going on the CE scheme, they may still apply for and qualify for Fuel Allowance in the following circumstances.

- If the CE scheme participant was in receipt of a long-term qualifying payment prior to going on the CE scheme, this will allow them to satisfy the qualifying payment element.  However, all other qualifying conditions of Fuel Allowance must also be satisfied.

- Where the CE scheme participant has an established underlying entitlement to Fuel Allowance but is not in receipt of the allowance because another member of the household was receiving the payment, it is open to the CE scheme participant to apply for Fuel Allowance if these circumstances change, e.g., where the Fuel Allowance recipient leaves the address. 

Any decision to extend the eligibility criteria for Fuel Allowance for other people participating on a CE scheme would have to be considered in the overall budgetary context.

Finally, the Department of Social Protection provides Additional Needs Payments, as part of the Supplementary Welfare Allowance scheme, for people who have an urgent need, which they cannot meet from their own resources.  These payments are available through our Community Welfare Officers.

I hope this clarifies the matter for the Deputy.

Community Employment Schemes

Ceisteanna (136)

Michael Lowry

Ceist:

136. Deputy Michael Lowry asked the Minister for Social Protection the plans to address the pay scales and current pay rates of the community employment supervisors and assistant supervisors, given the valuable and dedicated service that CE supervisors and assistant supervisors provide in running CE schemes and in delivering local based community services; the measures that are being taken to alleviate the financial difficulties which community employment supervisors and assistant supervisors working in this sector are experiencing; if additional funding will be made available to such local-based community service organisations to provide pay increases to their staff; and if she will make a statement on the matter. [52278/22]

Amharc ar fhreagra

Freagraí scríofa

We are all very conscious of the important role that Community Employment (CE) and other programmes play in our communities.  In addition to providing valuable occupational experience and training as a stepping-stone to employment for people who are unemployed, schemes such as CE also provide important and, in many cases essential, services to their local communities.  

The programme is delivered through independent CE sponsoring authorities who are the legal employers of CE supervisors and CE assistant supervisors.  CE sponsoring authorities receive state funding to cover the cost of remuneration, training and material costs from the department.  Therefore, any pay increases could increase the cost to the state of running CE schemes.  

The Department of Social Protection, as the funder of CE schemes, has received correspondence from Fórsa and SIPTU seeking a pay increase for CE supervisors and assistant supervisors.  However, any increase in pay rates that would potentially increase the overall cost to the state of funding schemes, or state funded activities in the wider community and voluntary sector, must take into consideration the potential cost to the exchequer.  Given these budgetary implications, this correspondence has been forwarded to the Department of Public Expenditure and Reform for their consideration.   

Departmental officials met with union representatives in September, where issues relating to the working conditions of CE supervisors and CE assistant supervisors were discussed.  A further meeting has been scheduled and the Department will continue to liaise with union representatives on these matters.  The Department will also continue to follow-up on this issue with the Department of Public Expenditure and Reform.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Ceisteanna (137)

John McGuinness

Ceist:

137. Deputy John McGuinness asked the Minister for Social Protection if the applications for an invalidity pension and fuel allowance in the name of a person (details supplied) will be expedited and approved. [52282/22]

Amharc ar fhreagra

Freagraí scríofa

The person referred to has been awarded invalidity pension and fuel allowance with effect from 04 August 2022.  Payment will issue to his nominated bank account on 27 October 2022.  Any arrears due from 04 August 2022 to 26 October 2022 (less any overlapping social welfare payment) will issue in due course.  The person in question was notified of this decision on 14 October 2022.

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Ceisteanna (138)

John McGuinness

Ceist:

138. Deputy John McGuinness asked the Minister for Social Protection if an application for carer’s allowance which has been approved in the name of a person (details supplied) will be backdated to the date of the original application in 2021; if arrears have already been paid based on the recent approval and the circumstances of the applicant during this period; and if a review of the applications will be expedited. [52314/22]

Amharc ar fhreagra

Freagraí scríofa

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

An application for CA was received from the person concerned on 13 November 2020.

It is a condition for receipt of a CA that the person being cared for must have such disability that they require full-time care and attention.

This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continual supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.

The evidence submitted in support of the application was examined and the deciding officer decided that this evidence did not indicate that the requirement for full-time care was satisfied.

The person concerned was notified on 6 January 2021 of this decision, the reason for it and of their right of review and appeal.

The person concerned requested an appeal of this decision and submitted additional evidence in support of their application.  Following this and subsequent appeals the decision remained unchanged.

The person concerned requested a further appeal and submitted further medical evidence from the care recipients GP dated 3 August 2021.  Following a review by the appeals office of this information, CA was awarded to the person concerned on 20 August 2022, with effect from 5 August 2021 to 22 December 2021.

Arrears for the period 5 August 2021 to 22 December 2021 issued to their nominated bank account on 25 August 2022.

The person concerned was awarded on an arrears only basis as their hours of employment had increased.  A schedule of hours of employment was requested and following receipt of same the person concerned was awarded CA on 22 September 2022 with effect from 10 February 2022.  During the period from 23 December 2021 to 9 February 2022, the person concerned was working in excess of 18.5 hours per week.

The first payment issued to their nominated bank account on 29 September 2022.

Arrears for the period 10 February 2022 to 28 September 2022 issued on 29 September 2022.

The person concerned was notified on 22 September 2022 of this decision, the reason for it and of their right of review and appeal.

I hope this clarifies the position for the Deputy.

Public Services Card

Ceisteanna (139)

Aodhán Ó Ríordáin

Ceist:

139. Deputy Aodhán Ó Ríordáin asked the Minister for Social Protection the Intreo offices that are currently open for public services cards appointments in the Dublin 1, 3, 5, 7, 9 and 11 areas. [52315/22]

Amharc ar fhreagra

Freagraí scríofa

Please find below a schedule detailing PSC services in these post codes:

Post Code

Intreo Centre Name

Appointment or Walk-in

Dublin 1 & 3

Parnell Street

Walk-in

Dublin 5

Coolock and Kilbarrack

Walk-in

Dublin 7

Parnell Street and Blanchardstown 

Walk-in

Dublin 9

Finglas

Ballymun

Walk -in 

Appointment

Dublin 11

Finglas

Walk-in

You may also be interested to know:

- The Department also has an online service which enables customers renew their PSC for 10 years through www.MyWelfare.ie.  A verified MyGovID account is required to use this service, and a passport quality photograph must be uploaded with the renewal application. 

- An expired card can be extended for three years by calling the Department’s PSC Helpdesk at 0818 837000.  Where a PSC is lost, stolen or damaged, a person should immediately contact the PSC Helpdesk where officials will arrange for a new card to issue.

- A PSC is not required when a person is applying for or renewing a driver’s licence in-person at any of the National Driver Licence Service (NDLS) centres nationwide.  A person must however book an appointment to attend an NDLS centre.

- Information on the PSC service in all Intreo Centres can be found on gov.ie - PSC/SAFE Registration Centres (www.gov.ie). 

I trust this clarifies the matter.

Social Welfare Eligibility

Ceisteanna (140)

Bernard Durkan

Ceist:

140. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) qualifies for fuel allowance based on his entitlement to a State pension (contributory); and if she will make a statement on the matter. [52379/22]

Amharc ar fhreagra

Freagraí scríofa

The Fuel Allowance is a contribution towards the energy costs of a household.  The payment of €33 per week for 28 weeks (a total of €924 each year) is paid from late September to April.  One of the conditions for receipt of fuel allowance is that a person must satisfy a means test. 

In respect of the 2022/2023 fuel season, an application for Fuel Allowance has not been received from the person concerned.  An application from has been posted to him. 

From January 2023, there will be a new means threshold for people aged 70 and over, of €500 for a single person and €1,000 for a couple.  In addition, these applicants no longer have to be in receipt of a qualifying payment to access Fuel Allowance, provided they satisfy the means test and the household composition rules.

Details in relation to the application process for those aged 70 and over, including how and when to apply, will be advertised by the Department towards the end of this year.  

I hope this clarifies the position for the Deputy.

Assisted Decision-Making

Ceisteanna (141)

Marian Harkin

Ceist:

141. Deputy Marian Harkin asked the Minister for Social Protection the total number of agents acting on behalf of a person who cannot manage their own financial affairs within the Department; and if she will provide a breakdown of the number of agents categorised across social protection schemes in tabular form. [52386/22]

Amharc ar fhreagra

Freagraí scríofa

The statistical breakdown the Deputy has requested is not readily available.

The information is currently being compiled and will be forwarded directly to the Deputy in the requested format, when finalised.

I hope this clarifies the matter for the Deputy.

Assisted Decision-Making

Ceisteanna (142)

Marian Harkin

Ceist:

142. Deputy Marian Harkin asked the Minister for Social Protection if current arrangements with regard to the appointment of agents acting on behalf of a person who cannot manage their own financial affairs will remain valid in view of the commencement of the Assisted Decision Making (Capacity) Act 2015 or if amendments will be necessary. [52387/22]

Amharc ar fhreagra

Freagraí scríofa

The provisions and procedures governing agent arrangement, as set out in social welfare legislation, will remain valid following the full commencement of the Assisted Decision-Making (Capacity) Act 2015 (as amended).     

My officials are engaging with their counterparts in the Department of Children, Equality, Disability, Integration and Youth and the Decisions Support Service in relation to any potential overlaps with the remit of my Department following commencement of the Act.    

I hope this clarifies the matter for the Deputy. 

Social Welfare Benefits

Ceisteanna (143)

Willie O'Dea

Ceist:

143. Deputy Willie O'Dea asked the Minister for Social Protection if her attention has been drawn to reports that in order to claim illness benefit for Covid-related illness, a PCR test is not accepted, and that an individual is expected to attain a medical certificate from a doctor at considerable cost; if she will revoke this requirement; and if she will make a statement on the matter. [52395/22]

Amharc ar fhreagra

Freagraí scríofa

All claims for illness benefit must be accompanied by a Certificate of Incapacity for Work from a GP.  This specifies the nature of the illness and the duration of the incapacity for work. 

The use of HSE texts as an acceptable form of medical evidence to support claims for Enhanced Illness Benefit was introduced at the start of the pandemic as an exceptional measure.  The objective was to assist people who had tested positive with Covid-19 or who had been identified as a potential source of infection with Covid-19 to promptly comply with medical advice in line with public health objectives. 

In April 2022, in light of the changed public health guidance, the Department decided that the exceptional measure of accepting a HSE text message would be discontinued, and that those seeking a payment of Enhanced Illness Benefit would now be required to provide the appropriate medical certificate to support their claim, as is the case for all Illness Benefit claims.  

The Enhanced rate of Illness Benefit (EIB) scheme closed on 30 September 2022 and the eligibility criteria for Illness Benefit applies to all claims regardless of the illness type.  Currently, where a customer has any illness, including a Covid-related illness and they satisfy the eligibility criteria, they may apply for illness benefit with the necessary certification from their GP, and the applicable standard rate of Illness Benefit will be paid.

I trust this clarifies the position for the Deputy. 

Assisted Decision-Making

Ceisteanna (144)

Patricia Ryan

Ceist:

144. Deputy Patricia Ryan asked the Minister for Children, Equality, Disability, Integration and Youth when the Government will fully commence the Assisted Decision Making (Capacity) Act 2015; and if he will make a statement on the matter. [52337/22]

Amharc ar fhreagra

Freagraí scríofa

The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform. It changes the existing law on capacity from the status approach of the wardship system to a flexible functional approach, whereby capacity is assessed on an issue and time-specific basis.

The Act will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871. Adults currently in wardship will transition to the new decision-making support arrangements on a phased basis over 3 years from the date of commencement.

The Decision Support Service (DSS), which is the organisation that will operate the provisions of the 2015 Act, will respond to the complex decision-making needs of people with capacity difficulties. To date, the Decision Support Service has made considerable progress in preparing to operate the 2015 Act.

Amendments are required to the 2015 Act before full commencement can take place. The Assisted Decision-Making (Capacity) (Amendment) Bill 2022, was published on 30th May and will streamline processes in the interests of those using its provisions. Amendments will also strengthen the safeguards included in the 2015 Act.

The Programme for Government remains committed to commencing the amended 2015 Act, recognising the importance of the much needed reform that it represents. The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 has passed through the Dáil and recently passed Seanad Committee Stage on October 6th. Once this Bill has been enacted, the Government will move to quickly commence the 2015 Act thereafter.

Early Childhood Care and Education

Ceisteanna (145)

Peadar Tóibín

Ceist:

145. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth the number of indications received by his office in recent weeks, from early childcare providers, stating that they will have to close their business in the next year; and if he will make a statement on the matter. [52200/22]

Amharc ar fhreagra

Freagraí scríofa

Since mid-August, 421 emails were received by my Department from Early Learning and Care (ELC) and School Age Childcare (SAC) providers. Based on a random sample group of 42 emails, 5% of these providers who had written in indicated that they will have to close their business in the next year.

Every year it is normal for some ELC and SAC services to close while other new services open. Services close for a wide variety of reasons including retirement of owners or other personal circumstances.

Tusla is the independent statutory regulator for the sector. Services intending to close must notify Tusla within 28 days of closure. The number of reported closures of ELC services to end August 2022 was 113 and 33 new services registered during the same period. This compares with 106 closures and 44 new registrations in the same period in 2021, 130 and 53 respectively in 2020 and 133 and 56 respectively and in 2019. Year on year comparisons are not relevant for SAC services due to registration only commencing recently.

Services that are experiencing difficulty and who would like support should contact their City/County Childcare Committee (CCC) to access case management supports. Services can be assisted on an individual basis through this route and it also allows for trends and themes across the country to be identified that can inform a more systematic response if necessary.

The Department has not received any indications from CCCs that there have been providers reporting financial difficulties and in need of support. This case management process through the CCCs is the route to access additional sustainability funding if required. The Department, Pobal and the CCCs closely monitor trends concerning services and there is no evidence of a significant lack of sustainability for ECCE-only services or to suggest that services will face closure as a result of Core Funding.

Mental Health Policy

Ceisteanna (146)

Peadar Tóibín

Ceist:

146. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth if his attention has been drawn to the mental health survey carried out by an organisation (details supplied); if so, if he will provide details of the findings of the survey; and if he will make a statement on the matter. [52201/22]

Amharc ar fhreagra

Freagraí scríofa

I am aware of the survey referred to. Promotion and dissemination of the survey is a matter for the organisation in question.

I would also like to inform the Deputy that extensive supports are provided to providers through City/County Childcare Committees (CCCs) and Pobal. Very high volumes of services avail of this one-to-one support.

There is also extensive and ongoing engagement between provider representative groups, DCEDIY and Pobal, most recently in preparation for the introduction of Core Funding, which allowed providers issues to be raised and addressed and also in the context of Covid-19 and the Ukraine humanitarian crisis.

During the period of Covid-19, a Covid-19 telephone helpline was made available by CCCs including over weekends. In addition, well-being advice and supports organised by the HSE were brought to the attention of early years educators and school age childcare practitioners.

More recently, during 2022, my Department has organised a series of webinars on well-being for early years educators and school age childcare practitioners, as well as supports on trauma-informed practice, particularly in the context of the additional pressures arising for staff from the arrival of Ukrainian refugee children in services. The webinars remain available on the First 5 website that is managed by my Department.

Direct Provision System

Ceisteanna (147, 149)

Peadar Tóibín

Ceist:

147. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth when he will respond to correspondence from this Deputy’s office dated to August 2022; and the reason that he has not responded to date (details supplied). [52202/22]

Amharc ar fhreagra

Peadar Tóibín

Ceist:

149. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth if his attention has been drawn to the conditions of a building with broken windows and caged windows to the rear of a building (details supplied) which is operating as a direct provision centre; if asylum seekers are currently living in the building; if they were ever living in the building; if so, the date upon which they vacated the building; and if he will make a statement on the matter. [52204/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 147 and 149 together.

I would like to assure you that the health and wellbeing of all people who avail of accommodation provided by this Department is of the highest priority.

There are currently 181 residents in the referred to accommodation centre.

As you are may be aware, the service provider (contractor) is responsible for the maintenance of an IPAS accommodation centre.

The contractor is responsible for ensuring all checks of accommodation units at the centre, equipment (including safety equipment), fixtures and fittings (including paintwork, floor, furniture, glazing), appliances and grounds (where applicable) are kept in good condition, properly maintained and remain fit for use throughout.

The contractor must carry out regular checks in order to ascertain and rectify promptly any maintenance or health and safety issues. All maintenance issues must be promptly addressed and logged in a maintenance log book which must be available for inspection at the request of the Minister.

A clear mechanism is in place for residents to report and follow up on any maintenance and/or repair issues and for those issues to be addressed in a timely way.

My Department received the referred to correspondence and the matter was fully investigated. The centre manager reported at that time that there was no broken window and that in addition to this, it was assured that any items which break are immediately fixed. It was also confirmed that there are no cages on windows. Due to an administrative oversight, the reply did not issue.

The accommodation centre had been inspected in March 2022 by an independent inspection company. A further inspection is due to be carried out later this week.

Direct Provision System

Ceisteanna (148)

Peadar Tóibín

Ceist:

148. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth the entity that is responsible for the physical maintenance of direct provision centres. [52203/22]

Amharc ar fhreagra

Freagraí scríofa

Deputy, the service provider (contractor) is responsible for the maintenance of the IPAS accommodation centre.

There are 7 State owned accommodation centres for which OPW are responsible for maintenance.

The contractor is responsible for ensuring all checks of accommodation units at the centre, equipment (including safety equipment), fixtures and fittings (including paintwork, floor, furniture, glazing), appliances and grounds (where applicable) are kept in good condition, properly maintained and remain fit for use throughout.

The contractor must carry out regular checks in order to ascertain and rectify promptly any maintenance or health and safety issues. All maintenance issues must be promptly addressed and logged in a maintenance log book which must be available for inspection at the request of the Minister.

A clear mechanism is in place for residents to report and follow up on any maintenance and/or repair issues and for those issues to be addressed in a timely way.

Question No. 149 answered with Question No. 147.

Children in Care

Ceisteanna (150)

Peadar Tóibín

Ceist:

150. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth if he will seek a proper debate in Dáil Éireann on the topic of historical child abuse within the foster care system. [52206/22]

Amharc ar fhreagra

Freagraí scríofa

I will of course participate in any debate scheduled by Dáil Éireann on matters that fall within the remit of the Department of Children, Equality, Disability, Integration and Youth. As you will be aware, however, the scheduling of debates in Dáil Éireann is a matter for the House itself.

In respect of historical cases of child abuse within foster care, it is important to note that the definition of foster care has changed over time, as has the process by which a person may become a foster carer. Children who do not live with their parents or guardians, and who live in alternative care arrangements in Ireland today, do so under the provisions of the Child Care Act 1991. The current arrangements are underpinned by standards and regulations, to support high quality and safe provision.

The statutory bodies with primary responsibility for child welfare and protection are Tusla and An Garda Síochána. Tusla assesses all child welfare and protection concerns that are reported to it. This includes historic allegations of abuse made by persons who were previously in the care of the State. If there are ongoing child protections concerns, Tusla will take the necessary actions to ensure that a child who may be at risk of harm, is protected.

Commissions of Investigation

Ceisteanna (151)

Peadar Tóibín

Ceist:

151. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth when it is expected that the Farrelly Commission of Investigation will produce its final report. [52207/22]

Amharc ar fhreagra

Freagraí scríofa

This is a matter more appropriate for my cabinet colleague, the Minister for Health.

Children in Care

Ceisteanna (152, 155)

Peadar Tóibín

Ceist:

152. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide statistics of the death rate among persons under 18 years in Ireland; and the death rate among persons aged under 18 years who are in State care, both residential and fostering; and if he will make a statement on the matter. [52208/22]

Amharc ar fhreagra

Peadar Tóibín

Ceist:

155. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth the action that he is taking to reduce the death rate among children in State care, in both residential care and fostering; and if he will make a statement on the matter. [52211/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 152 and 155 together.

Both Tusla - the Child and Family Agency and my Department are committed to promoting safe and high quality practice in all areas of Alternative Care, including Residential Care and Foster Care. Safe practice is defined as the implementation of safeguarding measures necessary for working with young people in a manner that acknowledges their need to live in as normal an environment as possible. All children have the right to be cared for, fulfill their potential and be protected from harm.

Children who are in the care of the State under the Child Care Act 1991 are assigned an allocated Social Worker to carry out statutory responsibilities for the safety and welfare of the child. Once a child has been received into care, the most crucial task for the social worker is to find a placement that matches that child's needs. Children, depending on their identified need, may be placed in Foster Care, Residential Care, Special Care or other placement types. A key part of the social worker role is to develop, in consultation with the child and relevant others, a care plan which will guide the quality and safety of the child's placement. There are safeguards surrounding each child's care placement, whether foster or residential care, and all placements are supervised by a professionally qualified social worker.

Supervision levels are high in Residential Care, with staff-to-child ratios linked to the Risk Assessment for each child in the group setting. In addition, each child in Residential Care has a Key Worker with responsibility for the child, and this staff member liaises directly with them and also co-ordinates health and social services. A number of policies are in place to safeguard children while they are in Residential Care, such as Children First, and Missing Child from Care, while First Aid Responder training is mandatory for all residential care staff. While children in Residential Care have access to the same level of health care as children living in a home setting, Tusla continues to work with HSE Mental Health Services to strengthen supports and services for children in the care of the State.

Furthermore, Regulations and Standards govern the placement of children in care, including Foster Care and Residential Care. These provide for the welfare of the child, the care practices, care records, accommodation and safety precautions.

The placement of children in Foster Care is governed by the National Standards for Foster Care 2003, and underpinned by the Child Care (Placement of Children in Foster Care) Regulations 1995 and (Placement of Children with Relatives) Regulations 1995. The placement of children in Residential Care is governed by the National Standards for Children’s Residential Centres 2001, and underpinned by the Child Care (Placement in Residential Care) Regulation 1995, and the Child Care (Standards in Children’s Residential Centres) 1996. The placement of children in Special Care is governed by the National Standards for Special Care Units 2014, as well as the Health Act 2007 (Care and Welfare of Children in Special Care Units) Regulations 2017.

HIQA carries out announced and unannounced inspections of Foster Care Services, Statutory Children’s Residential Centres, and Special Care Units. HIQA carry out these inspections against the identified Regulations and Standards. Tusla is the statutory regulator of Private and Voluntary Children’s Residential Centres, and is therefore responsible for the registration and inspection of these centres in accordance with Regulations, Standards, and the relevant provisions of the Child Care Act 1991.

The foregoing sets out the safeguards in place with regard to all placements of children in Foster Care, Residential Care and Special Care. Tusla in discharging its statutory responsibilities under the Child Care Acts must have the best interests of the child as its paramount consideration. The Agency actively monitors every placement of every child in care to ensure its appropriateness to the needs of that child, and any concerns or breaches of Standards or Regulations are addressed in this context.

The death of a child in care is always a tragic event. There are however robust procedures in place to review the circumstances of the death and to identify any learnings that might arise. The State has well developed investigation and review mechanisms in place for when such tragic events occur.

In relation to any unexpected death, an inquest led by the coroner (an independent judicial office holder who investigates unexpected deaths) establishes the facts of each specific case and determines the cause of death of the person involved. A post mortem may be requested by either a coroner or a doctor. The coroner will ask for a post-mortem in the case of a violent, sudden or unnatural death or as part of a criminal investigation, and may use its findings at an inquest.

Tusla has well developed structures and processes to review the circumstances of the death of a child in care and to identify learnings from these cases. All deaths of children in care are notified in line with an Incident Management Policy so that any learning can be shared to inform service improvements. Tusla also notifies any child deaths of children in care to the National Review Panel and to HIQA in line with the Interim Guidance for Tusla on the Operation of the National Review Panel (2021).

My Department is not responsible for collating statistics on the death rate of persons under the age of 18. However, in specific relation to children in the care of the State, Tusla has provided the below information in relation to the number of deaths of children in Foster Care or Residential Care:

Deaths of Children in the care of Tusla in fostering or residential placements notified to the National Review Panel 2014 to Quarter 3, 2022

Year

Total

2014

3

2015

3

2016

1

2017

5

2018

1

2019

1

2020

1

2021

4

2022 to Q3

3

Total

22

*Data is subject to on-going validation.

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