Oireachtas Joint and Select Committees

Tuesday, 1 April 2014

Joint Oireachtas Committee on Health and Children

General Scheme of Aftercare Bill 2014: Discussion

5:55 pm

Ms Tanya Ward:

I thank the committee for inviting us to speak today. We are delighted to have the opportunity to comment on the Bill. We commend the Minister for Children and Youth Affairs and her Department for the leadership demonstrated in this area. There are two elements of the draft Bill that we wanted to consider from a rights-based perspective. The picture of what is happening to children and young people in aftercare has been well painted not only by the agency but also by the representatives of Barnardos and EPIC.

Focus will highlight issues of homelessness.

The first area we are keen for the committee to examine is the duty to consult young people on the preparation of aftercare plans. The draft legislation states the agency is required to consult with the young person where appropriate in the development of the plan. We suggest deleting the words "where appropriate". The agency should do everything it can to consult the young person. The explanatory memorandum recognises that in some cases the young person will not engage with agency staff. This happens from time to time but a plan should still be drawn up for the young person in these circumstances. The words "where appropriate" could be misinterpreted. This has happened in the past where language has been vague. The best thing to do is to delete it and make it a clear obligation to consult with young people in developing a plan.

The next area relates to what happens after an assessment. The Bill strengthens the statutory framework for the preparation of plans, which is very welcome, and there is no doubt that it moves it forward. It also sets out that the agency will be obliged to interact with various service providers to provide support. What happens when these other services do not engage or deliver on the plan? This question has also been asked by EPIC and the Child and Family Agency. We are concerned about an excellent plan being drawn up but not followed through. Our suggestion to address this would be to extend care for a very vulnerable group of young people who need extra support. Mr. McBride mentioned that some young people do not need aftercare services, and we agree with this, but there is another group of approximately 100 very vulnerable young people who still need aftercare support. We recommend to the committee and the Minister that they examine the Scottish model as possibly the best way forward for this group of very vulnerable young people. Legislation was passed in February in Scotland extending aftercare for a group of young people. Such a measure here would potentially extend care for young people between the ages of 18 and 21 years. It would not have a big impact on the Exchequer because there are only approximately 100 people in the group. Foster care packages are available to children and young people up to the age of 23. It is to ensure that a very vulnerable group of young people are not left behind. In our view, this is the best way to build resilience and independence and ensure they are protected from homelessness, drug addiction and missing out on education. This is one of the best ways to ensure these young people will follow through and have very good outcomes down the line.