Oireachtas Joint and Select Committees

Wednesday, 1 June 2022

Joint Oireachtas Committee on Social Protection

Pension and Social Protection Related Issues: Discussion

Ms Catherine Bond:

On behalf of the Irish Foster Care Association, IFCA, I thank Chairperson for the invitation to address the Joint Committee on Social Protection, Community and Rural Development and the Islands on the issue of pensions for foster carers. I also welcome the opportunity to briefly discuss the foster care allowance. I am accompanied by the chairperson of IFCA, Mr. Raymond Nolan, and Mr. Brendan Gillen, foster carer and vice-treasurer to IFCA’s board finance sub-group, and Ms Clare Corridon, who is a newly-approved foster carer.

Founded in 1981, the Irish Foster Care Association is the national organisation that supports foster families and the wider fostering community. We advance and promote best practice in foster care through support, advocacy and learning provision based on evidence-based practice and research and counselling. IFCA is a member organisation and members comprise mostly of foster carers, social workers, academics and all those who have an interest in foster care.

IFCA has charitable status. It is a not-for-profit and is governed by a board of directors. It is registered with the Charities Regulatory Authority. We deliver targeted support to our members through our national support services and our local branches and hubs. IFCA promotes the development of positive change for children in alternative care and influences policy, legislation and opinion through our advocacy work. We believe in the value of foster care as an effective alternative for children who, for various reasons, are unable to live with their own families.

Foster care is complex and foster carers require a range of supports and expert advice to enable foster carers provide the best possible care for the child or children in their care. There were 5,841 children in the care of Tusla at the end of 2021, of which 3,782 were fostered by general foster carers and 1,489 by relative foster carers. There were 4,018 foster carers at the end of quarter 3 of 2021. This is broken down to 2,437 general foster carers, 1,057 relative foster carers, and 524 private foster carers.

Tusla’s adequacy review in 2020 notes an 11% decrease in the numbers of foster carers since 2016. This is a grave concern, as the numbers of children requiring foster care have increased. IFCA’s submission to the committee is informed by its 40 years of experience in supporting foster care in Ireland and we welcome the opportunity to share this experience and knowledge with it. I have included some more information about IFCA as an appendix with this opening statement.

Foster care is the backbone of care for children who are in the care of the State. Ireland is unique in this respect, in that the majority of these children are growing up as happy and confident young people who attend school every day, some of whom will be focusing on the upcoming State exams, while growing up within the family environment. Children in foster care are thriving and foster families are offering secure, happy and fulfilling childhoods to children and supporting them to reach their full potential.

The placement of children in foster care in Ireland is legislated for in the Child Care Act 1991, the Child Care (Placement of Children in Foster Care) Regulations 1995, the Child Care (Placement of Children with Relatives) Regulations 1995 and the national standards for foster care, 2003, all of which are underpinned by the UN Convention of the Rights of the Child which was ratified by the Government in 1991.

A child comes into the care of the State when it is assessed that he or she is at risk and requires care and-or protection. Children are received into care in either a voluntary or court-ordered capacity. Foster care is the predominant type of care for children in the State with approximately 92% of children placed in foster care. Foster families offer warm, caring family life to children and tend to their physical, social, emotional and other needs which are underpinned by the stability of family life. Foster care can be offered to a child on either a short- or long-term basis. Short-term foster care is for a period of less than six months’ duration. Anything over that is long-term foster care.

Foster carers support children who may be dealing with issues of neglect, abuse or abandonment and help them to feel supported, loved and accepted unconditionally. Tusla, the Child and Family Agency, has the statutory responsibility to approve foster carers and place children with them. The national standards for foster care, 2003, set the standards for the recruitment and retention of foster carers.

The process of becoming a foster carer is rigorous and is governed by the procedures and guidelines for foster care committees 2017, which outline the assessment process of prospective foster carers. Foster care committees are convened by Tusla and they approve foster care applicants. When a person and his or her family apply to become a foster carer, they are subject to a thorough assessment to comply with Tusla’s policy, procedures and best practice guidance, 2017.

Section 4.7 of this policy entitled availability to care for children in care, states that it is necessary, in the interests of meeting the needs of vulnerable children, that at least one foster carer is available to care for the child on a full-time basis.

Applications may be accepted from working parents depending on their actual availability to the child. One carer must be available to provide day-to-day care for the child, work in partnership with Tusla, facilitate contact with birth parents and siblings, bring children to school, attend childcare reviews and attend training. Consideration of approval of working applicants or carers looks at their availability to meet the child’s needs. Children who need short-term, emergency or respite care require a full-time foster carer from the time they join the family.

The vast majority of foster carers are requested to relinquish their employment on becoming a foster carer to meet the myriad complex needs of children coming into care. Foster carers receive a weekly allowance for the child who is placed with them to cover their needs. If the child remains in placement with them following six months, they can then receive child benefit. Foster carers do not receive any payment for themselves, which results in their not having adequate social welfare credits for eligibility for the contributory State retirement pension. Foster carers can qualify for the home carer period scheme if the following criteria are met: they are providing full-time care for a child or children under the age of 12 years, a child or children over 12 years who need an increased level of care, or an adult who needs an increased level of care; they are not employed, self-employed or training outside the home; they have not had a paid, credited or reckonable voluntary contribution during the period they are providing the home care; they are not in receipt of a weekly payment from the Department of Social Protection, other than child benefit; they can demonstrate that due to the nature and extent of their home caring responsibilities they were unable to engage in insurable employment and self-employment; and the person for whom the home caring is provided meets the required conditions. The majority of children in foster care remain with their foster carers to the age of 23, which is the age of leaving care, and many stay beyond this age. Foster carers are at a distinct disadvantage, as most of them have been requested to remain at home to meet the care needs of their foster children. They are not entitled to sign on for social welfare credits as they are not available for work.

Recognition of the role of foster carers for children in State care is currently not adequately considered in the social welfare system, particularly in relation to State pension contributions. Currently, the investment in time and care by foster carers does not trigger contributions towards the State contributory pension for the full duration of the care provision. This leaves foster carers at risk of poverty in their later years while performing an essential service to the State. This is not an equitable or sustainable situation if the State wishes to continue to leverage alternative home care as a State intervention in the alternative care system in the future.

While foster carers can qualify for the home caring period scheme, it is limited and restricted to children under the age of 12, or an ill or disabled person over the age of 12. We believe this age restriction should be raised to a minimum of 23 years of age based on the aftercare supports required by vulnerable children in care. This would be a more complete reflection of the time contribution given by foster carers and would acknowledge tangibly the key support provided by foster carers in addressing social challenges to the State.

Where a foster carer remains on the Tusla-approved panel of foster carers and remains available for receiving a child into foster care, he or she should continue to be included for State contributory pensions contributions purposes for the entire period of being on the approved panel. This will facilitate retention of foster carers between placements, ensure a sustainable pipeline of foster carers and encourage the return of foster carers to provide the vital care they provide for the State’s most vulnerable children. We request that retrospective contributions be paid by the Exchequer for any gaps for long-term carers and we advocate for foster carers to be included in this long-term carer cohort for the period they are foster parents, even if it is less than the period defined by the Commission on Pensions of 20 years. We also advocate for the age cut-off be extended from 12 years of age to a minimum of 23 years of age to reflect the additional support required by children in care and to ensure that continuity of support is provided by foster carers.

At present, foster carers are not getting contributory pension contributions for the period where the criteria I have just outlined are not applicable. This needs to be urgently addressed. Foster carers who have contributed to the State alternative care system to offer loving, stable, safe and caring homes to children in the care of the State are disadvantaged by the social welfare system while they play a vital role for our society.

If I may, I will turn briefly to the foster care' allowance. Foster carers receive a weekly allowance for caring for a child who is in the care of the State. The fostering allowance for children under the age of 12 years is €325 per child per week and is increased to €352 for children over the age of 12 years. The allowance provides for the foster carer to meet all of the living needs of the child. When a young person reaches the age of 18 years he or she is formally not in care. However, where a young person remains living with his or her foster carer and continues to participate in full-time education or training, a reduced aftercare allowance of €300 is given. The foster care allowance has remained static since 2009. The increasing costs of living, with inflation currently running at 12.3% to the end of April this year, has reduced the value of the allowance. Economic forecasts inform us that inflation is set to rise further. The IFCA intends to submit a pre-budget submission to Government on the foster care allowance. We would welcome an opportunity to return to the committee to discuss this further in the near future. I thank the Chairperson and committee members.

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