Frances Fitzgerald (Dublin Mid West, Fine Gael)

I thank the Deputies for their comments on the provision of the aftercare service. It is clear from what they said that the importance of the aftercare service is recognised. I understand Deputy Ó Caoláin's reason for highlighting this. The service is critical because the practice has not been good in the past. As my colleagues stated, there is a move towards a national implementation policy, recruiting staff, examining consistency of practice and ensuring that aftercare is regarded as critical for those who need it. Not all young children who leave care need or want such a service; some are independent and get on with their lives.

The legal advice is that the provision in question establishes a mandatory obligation to provide aftercare where a need has been established for such care on foot of an assessment. The HSE has a duty to form a view on whether each person leaving care needs assistance. It is not correct, therefore, to state legislation that puts an obligation on the HSE in this regard is missing. The UN obligations to which the Ombudsman for Children referred require that an assessment of need be carried out by the HSE in regard to all children in care. There is a need to assess whether a child or young person needs an aftercare service. The advice is very clear. I reassure Deputies that the legislation, as drafted, obliges the HSE to do what I have outlined.

To ensure there is no doubt about this matter, and to emphasise the importance of after-care services, in accordance with subsection 45(4) of the Child Care Act a policy directive was issued to the HSE last year clarifying the issue and directing the executive to do the work required in this area. There has been contact with the relevant authorities, therefore. I have discussed the matter in the presence of the national director of children and family services of the HSE. We recently attended a conference run by young people who have been in care through EPIC, the group that supports young people who were in care and works with them highlighting this issue. There is a quantum change in the understanding of the importance of aftercare, not least because of the work young people themselves have done.

The legal advice is absolutely clear in that there is a mandatory obligation to provide aftercare. It has been provided in a discretionary manner in the past but it is now mandatory. It is now a matter of ensuring that practice reflects what the legislation stipulates. I hope this clarifies the concept of aftercare. There is no lack of support on this side of the House and no underestimation of the importance of aftercare. We want to see proper aftercare provided for young in care and those who still have needs when they leave care. The HSE has an obligation to provide such aftercare.

The issue of resources will always arise in the provision of services but there is a legal obligation to provide aftercare and there are improved actions in regard to providing and developing the aftercare service. New staff are being recruited. There is a new understanding that this is an important part of providing care to children who have been in the care of the State.

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