Dáil debates

Tuesday, 25 November 2008

Priority Questions

Child Care Services.

2:35 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Question 71: To ask the Minister for Health and Children if the Health Service Executive has finalised its inquiry into the circumstances relating to the death of a person, whose details are supplied; if she has received a report in respect of the said inquiry; if not when she expects the report to be completed; if the report will be published; and if she will make a statement on the matter. [42174/08]

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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I understand that the internal HSE inquiry into the circumstances surrounding the death of the person referred to by the Deputy has been recently completed. A draft report has now been received by the HSE. I am informed that a final report is imminent.

The inquiry was set up at the request of the then Minister of State at the Department of Health and Children, Deputy Brian Lenihan. Deputy Lenihan requested that an internal inquiry be carried out and that the Minister be made aware of the findings of the inquiry. In accordance with this request, I understand that the findings of the inquiry will be forwarded to me once the report is finalised.

I acknowledge the tragic death of this young person. I am committed to ensuring that we learn lessons from any inquiry or investigation of this kind and that we take the necessary steps to ensure that, where possible, tragedies can be averted in the future. The development of robust, responsive and appropriate child welfare and protection services is a priority for both myself, as Minister of State with responsibility for children and youth affairs, and the Government.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Can the Minister of State confirm if he is aware that this report relates to David Foley, who voluntarily sought care from the State at 14 years of age? The State failed utterly to provide for him properly and put him in what is known as "out of hours" facilities. Three years after seeking help from the State, on 10 September 2005, this poor man lay dead in an apartment in Blackhall Place in Dublin.

The Minister of State's predecessor, Deputy Brian Lenihan, sought a report on these events a considerable time ago. Can the Minister of State indicate when his predecessor requested that report? Will he receive the full report? Can he confirm that it is an internal inquiry of the HSE, rather than an independent report? Will he receive the full history, or simply the findings? When does he expect to receive it and will it be published? If it is published, will it be available to all Members for their consideration? If we receive it, we should be able to determine whether action is required to ensure that we have the robust child protection services that the Minister of State claims he would like to see.

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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This report relates to the death of David Foley, who presented himself voluntarily for care services when he was 14 years old in 2002, and died three years later. I do not want to pre-empt the findings, but I can confirm that this is an internal inquiry. I will receive the report this week. I will have to look at the report before I can make any statement on how, when or to whom publication would occur.

The findings will be outlined in this report, as well as a chronology of the issues that gave rise to him being in care and any gaps that may have occurred. I hope that it will be a full analysis of the situation and will enable us to avoid repeating these failings. It is unacceptable to have to wait three years for this report and I will try to establish why that happened.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Does the Minister of State accept that this tragic teenager was scandalously failed by the State? Does he accept that under no circumstances should a situation arise where a teenager cries for help, presents himself to the State seeking care, is essentially left to his own devices and ends up dying three years later? Does he accept that it is in the public interest that there be transparency in our child protection services and that this full report be published without delay? We have waited three years for it.

The "Children First" guidelines on child protection have now been in place for almost ten years. Does the Minister of State accept that he, his predecessor and the Government have scandalously and abjectly failed to ensure that we have a uniform application of the child protection guidelines throughout the State? Does he accept that our current child protection services are dysfunctional and chaotic? It is unacceptable that a report published last July, almost ten years after these guidelines were put in place, refers to the absence of consistency in the delivery of child welfare and protection services across the State, and to the absence of any standards against which the delivery of services can be benchmarked. What steps are being taken to ensure that we provide protection for children who are at risk and that there is a uniformity of application of these guidelines and appropriate training available to all those social workers under pressure to provide fire brigade responses when reports of child abuse are made to the HSE?

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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I share the Deputy's sympathy with social workers who work under great pressure and tremendous difficulty. When a child dies in the care of the State, there is no question that he has been failed in some way. Through this inquiry, we must establish how he was failed and make sure it does not happen again.

Much has happened since the death of David Foley in 2005. In particular, the agenda for children's services became a core of child protection policy in this State in 2007. The principles of that are early intervention and prevention, to move away from crisis management towards the earliest possible intervention and family support services. We put in place a knowledge management strategy. We have already standardised the business process regarding the referral of children and initial assessment. We want to move towards further standardisation. As the Deputy points out, the service is not uniform throughout the State and that is partly a legacy——

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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It is a scandal. Ten years after these guidelines were put in place, they are not consistently applied across the State.

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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We have moved on considerably since these tragic circumstances.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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It is a scandal. More children are going to die because of the abject failure of this Government to ensure the implementation of these guidelines.