Anne Rabbitte (Galway East, Fianna Fail)
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3. To ask the Minister for Children and Youth Affairs to address concerns over inadequate case management by social worker services of adult disclosure cases and the lack of an overarching strategy for dealing with adult disclosure cases by Tusla. [23514/16]

Anne Rabbitte (Galway East, Fianna Fail)
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I ask the Minister to address concerns over inadequate case management by social care workers of adult disclosure cases and the lack of an overarching strategy for dealing with adult disclosure. There are a number of concerns regarding adult disclosure cases voiced by social workers and I would welcome a response from the Minister.

Katherine Zappone (Dublin South West, Independent)
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Adult disclosure, or retrospective cases, are where an adult comes forward and makes a complaint that he or she was abused as a child. The vast majority of such complaints relate to sexual abuse. The Garda is always informed of these complaints and its role is to carry out a criminal investigation into the complaint. Tusla's job is to try to establish if the alleged abuser poses a risk of abuse to children currently, and if so, to put in place protective measures in relation to identified children. The sharing of information by Tusla with third parties must follow fair procedure with the exception of cases where there is an immediate risk to children.

In terms of overall strategy, retrospective allegations are dealt with by Tusla under its national policy for handling allegations of abuse. The strategy, named Policy and Procedures for Responding to Allegations of Child Abuse and Neglect, has been in place since 2014. I am aware of the complexities of such cases and raised this issue at my meeting with the chair of the board and the CEO of Tusla in June. I emphasised the importance of dealing with cases as soon as possible, while recognising the practical difficulties that can often arise in relation to alleged events of many years ago. I have asked to meet senior officials in Tusla next week to be updated on the steps they are taking to deal nationally with these cases, and on cases currently before the courts which may impact on Tusla's practice in these matters.

Tusla's policy is informed by both child protection principles and fair procedures and sets out the specific steps for Tusla social workers to take in carrying out a risk assessment of an adult where an allegation of abuse has been made against him or her. As Tusla is not a policing body, it does not have such powers of investigation. It cannot compel co-operation with individuals against whom an allegation has been made, or the person making the allegation, and must proceed on the basis of fair procedure and due process. As such, Tusla works closely with the Garda in such cases.

Anne Rabbitte (Galway East, Fianna Fail)
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I welcome that the Minister is meeting representatives of Tusla next week. Contrary to what the Minister stated, it is my understanding that there is no policy or strategy from Tusla on how to deal with adult disclosure cases or so-called section 3 referrals. While, as the Minister mentioned, a September 2014 draft policy exists, this policy is not published and it is my belief it is legally inaccurate.

Specifically, at section 14.4, where it proposes that adult survivors should be informed that they may be liable to prosecution where they do not engage with an investigation, the current guidelines on dealing with adult disclosure cases by social workers' offices are not fit for purpose. The guidelines do not take cognisance of the effects of abuse on adults coming forward to disclose. HIQA's assessment of the north Lee and south-west services in 2015 stated that the system in place to manage concerns of a retrospective nature needed significant improvement while a recent HIQA assessment of Dublin south-east and Wicklow found a high number of retrospective referrals remained unassessed with potential risk to children not yet determined.

Katherine Zappone (Dublin South West, Independent)
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I note Deputy Rabbitte's point that it is a policy that has not been published.

Anne Rabbitte (Galway East, Fianna Fail)
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It is a draft.

Katherine Zappone (Dublin South West, Independent)
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I will raise that with Tusla. It certainly should be published.

I want Deputy Rabbitte to know that I do have concerns in relation to dealing with adult disclosure cases or retrospective cases. I would like to see timelines on when they have been allocated. Those are some questions that I will be raising with Tusla representatives when I meet them next week.

As Deputy Rabbitte will be aware, Tusla conducted a national review of cases awaiting allocation which included information on a number of retrospective cases. The review showed, at February 2015, that of the 8,865 cases awaiting allocation nationally, there were 1,204 cases of retrospective abuse disclosure. The review indicated that of these 1,204 retrospective case, 27% were a high priority, 46% medium priority and 20% low priority.

Anne Rabbitte (Galway East, Fianna Fail)
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There is also an impression that these referrals are categorised as low priority cases. However, as is well known, often survivors of the most extreme child sexual abuse do not summon up the courage to come forward until they are in adulthood. The research has well-established that a large proportion of people who experience child sexual abuse delay disclosure. What is more, the cases should not be described as retrospective as many adult disclosures could involve a risk of child abuse.

I welcome that the Minister will talk with Tusla next week. I ask that the draft policy would become a working tool document. We need to address the matter right across the country because in the HIQA report from the midlands it is highlighted as a significant risk. In fact, although we are addressing it, we are not doing so fast enough because an adult making a disclosure was once a child and the abuser is more than likely still at large, and we need to protect other children. That is where I am coming from.

Katherine Zappone (Dublin South West, Independent)
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As I indicated, I will ask those questions. I take Deputy Rabbitte's point. I hear her saying particularly that it is one matter to ensure the retrospective cases and adult disclosure are managed properly and efficiently, but I also take from what she is identifying there that to come to disclose, even when one is an adult, can be a significant and difficult matter and it may be the case that such adults could require more support in doing that. That is a helpful suggestion and I will raise that with Tusla as well.