Mr. Finbarr Colfer:

I thank the Deputy for those questions. I hope I will hit on the main points.

With regard to emergency placements, every year we are approached to respond to situations where providers must provide a service to somebody in an unregistered service because they do not have the time to make an application and have that service registered. Whether it is children or adults who are in crisis, the reason for having to take emergency action is that the conditions are unsafe for them or others around them. Often when approached, the service is required that day.

I agree with the Deputy that these things do not happen out of the blue. They are usually indications of what a person needs. It is widely recognised that there is not sufficient capacity in disability services currently to enable planning for the kinds of circumstances in question. We do respond and the chief inspector may prosecute, but we recognise that action taken is in response and that there is a genuine emergency. What we do is require the provider to examine the service and the service needs of the resident, be it a child or adult, respond and regularise the service as quickly as possible while meeting the resident's immediate needs. This happens a number of times every year.

We are engaging with the Department of Children, Equality, Disability, Integration and Youth to consider the gaps in the current legislation, the aim being to allow for the emergency registration of services so children and adults can be protected when they do go into the environment in question.

Regarding the number of children's services, we have seen an increase in the number of residential services. In 2019, we moved from having approximately 380 services to currently having 410 services. We have also seen an increase in the number of children in those services. We have also seen, though, that the children presenting in those services, especially for long-term residential care, are those children who have much more complex needs than would have been the case in the past and require a specialist response.

Turning to complaints, we see this as a fundamental issue. We consider complaints as an opportunity for learning. When we go into a service and we see a good provider, which is responsive to complaints, this is seen as a learning opportunity. We can follow through in respect of the arrangements to encourage people to express their views and complaints, through what is done about these and what the follow-up is and checking in with the person making the complaint afterwards to see whether he or she was satisfied.

Where we have poor providers, complaints are not responded to proactively. We have seen providers where complaints are not recorded, where there has been a dismissive attitude, where they cannot demonstrate that they have gone back afterwards to check whether the person who made the complaint was satisfied. In those situations, there is a measure in our regulations around complaints, and we do require the provider to improve those arrangements. We will go back to check to see if they have been improved.

I think these were the main issues the Deputy asked about.