Dáil debates
Thursday, 4 May 2023
Saincheisteanna Tráthúla - Topical Issue Debate
Child Protection
4:40 pm
Patrick Costello (Dublin South Central, Green Party)
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I thank the Minister of State for standing in for the Minister for Children, Equality, Disability, Integration and Youth. She could equally be standing in for the Minister for Justice because this issue needs to be addressed from both sides. Unfortunately, when submitting the Topical Issue, I could only tick one box. We have seen in recent days the release of a report by the National Women's Council of Ireland looking at gender-based violence and domestic violence and how we are continuing to let down victims. We saw a report in last week's Irish Examiner on how the State is continuing to let down victims of child sexual abuse and we have seen a report in recent weeks by Geoffrey Shannon o St. John Ambulance that showed that victims of child sexual abuse were repeatedly let down. In the past, we have seen report after report highlighting the need to improve joint working and inter-agency working and how victims, including children, are slipping through the gaps and services are pulling in opposite directions and not giving the support victims need.
I will be honest. There have been some improvements. We saw liaison management teams put in place in many areas inside Tusla. The divisional protective service units in An Garda Síochána constitute an excellent innovation that provides an excellent service and should be continued and supported. They are really improving how the State responds to these things. Equally, there are many continuing failures. From speaking to front-line social workers, I learned that the specialist portal that is exclusively for An Garda Síochána to report concerns to Tusla is rarely used or inconsistently used depending on the area. Specialist interviewers within Tusla, who are social workers trained to conduct forensic interviews carried out jointly with gardaí that can then be used as evidence through a video system, are not being used. We are spending money on training these people but are not using them and many of them are leaving Tusla. There is inconsistency around the country in areas of practice. A joint protocol of working between An Garda Síochána and Tusla calls for annual reviews. This is not happening.
There is a way forward and a way to get them working together, namely, an element of colocation. Seconding duty social workers to the divisional protective service units means they automatically work together from the beginning. We have seen from the section 12 audit conducted in Tusla that there can be strong working relationships between gardaí and social workers that improve outcomes for people receiving support from Tusla but, again, these are ad hocand inconsistent. These come up because people are working together but if social workers and gardaí are transferred, the structural elements are not there to ensure inter-agency work. This is why we need colocation and the secondment of duty social workers to the divisional protective service units so that they can work together and sit at the same desk in the same office in the same portacabin. This will automatically improve and create better structures. I suspect the Minister of State will raise Barnahus as a solution. Unfortunately, as it is envisaged, Barnahus will not be the solution. I will talk more about that in my further response.
Josepha Madigan (Dublin Rathdown, Fine Gael)
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I thank the Deputy for his Topical Issue matter, which I am taking on behalf of the Minister for Children, Equality, Disability, Integration and Youth. The Children First joint working protocol for An Garda Síochána and Tusla, the Child and Family Agency, provides a framework for co-ordinated, co-operative working, which forms an integral part of child protection and welfare services. I note the Deputy said annual reviews are not happening. I am surprised to hear that but I will check that out.
The joint Tusla-Garda protocol outlines the expectation of record keeping, the tracking of notifications, the frequency of the joint Tusla area-Garda divisional liaison notification meetings and case management expectations. Tusla is focused on the assessment of the protection and welfare of the child while the aims of An Garda Síochána regarding child abuse and neglect are to preserve life, vindicate the human rights of each individual and prevent, investigate and detect criminal offences.
Currently, as acknowledged in the Children First joint working protocol, children who witness domestic abuse incidents are often traumatised and suffer emotional abuse. Children residing where domestic abuse occurs may also become victims of abuse and members of An Garda Síochána will take this into account when considering referral to Tusla. Gardaí will identify whether any children reside within the household. Where gardaí identify potential child protection and welfare concerns, Tusla will be notified without delay.
The Department of Justice has launched the third national strategy on domestic, sexual and gender-based violence, DSGBV. A core pillar of the strategy indicates the State will offer a comprehensive, co-ordinated, authoritative, monitored and evaluated set of responses to DSGBV that will be informed by engagement with both key stakeholders and service users at a national, regional and local level with independent oversight. An action listed under that pillar includes the development of a cross-departmental and inter-agency response, which is of concern to the Deputy. I note what he is saying regarding any ad hoc-type of system or consistency so the fact that this includes an inter-agency response is noteworthy. This action will be primarily pursued by the new agency once established with support from the Department of Justice and Tusla.
It should be noted that even with the development of the new DSGBV agency, Tusla will always have a role to play in the child protection and welfare space as it relates to domestic violence. Safety planning for children today remains Tusla's primary duty and this often requires the appropriate sharing of relevant information to safeguard children.
The Deputy will also be aware that the child abuse substantiation procedure, CASP, was introduced in June 2022 as a replacement for 2014 policy, Policy and Procedures for Responding to Allegations of Abuse and Neglect. It is based on learning that indicated the need to further enhance consistency of practice across the agency.
In addition, changes were also required to incorporate new legal judgments in this complex area of law and practice. Prior to its adoption, CASP was subject to extensive consultation within Tusla and with external stakeholders.
Both Tusla and An Garda Síochána aim to work in a child-centred way to deliver services to victims of child sexual abuse. It is recognised that this is a very sensitive area but efforts are underway to improve inter-agency working through the national implementation of the Barnahus model of services. The Barnahus model is a child-friendly, interdisciplinary and multi-agency model of service that aims to improve children’s experience of services and avoid retraumatisation during medical and child protection assessments, evidence gathering and legal proceedings.
The Department of Children, Equality, Disability, Integration and Youth is working in close partnership with the Department of Justice and the Department of Health in developing the Barnahus model, which originated in Iceland and is being adapted to an Irish context. Inter-agency co-operation is a key element of the Barnahus project and is promoted at all stages of development and implementation.
A pilot service in Galway was launched in September 2019. Services are operational in a bespoke centre on the outskirts of Galway city, which allows relevant agencies to provide services for children under one roof.
Patrick Costello (Dublin South Central, Green Party)
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While I know I started with the National Women's Council of Ireland report, which is the most recent report that looks at DSGBV, inter-agency issues come into emotional abuse, child sexual abuse and neglect. We must remember that gardaí often see a lot more of the community than many others and are a vital source of support for the work of social workers and referrals, so it involves that broader piece. While there are benefits and positive developments under the joint working protocol, it is inconsistent. If often turns on local personalities and local practice and procedures.
A change of one or two key people on either side can undo that. We need to look at more structural issues.
Barnahus is an excellent model and I do not want to be seen to be undermining that. It is exactly the sort of thing I have been arguing we need for a long time. The challenge is that it is very limited. I understand there will be a centre in Galway, Dublin and Cork but areas outside those cities will not be very well served. It is also mostly focused on child sexual abuse which leaves behind the domestic, sexual, gender-based violence issues and issues of neglect and welfare. We must bear in mind that neglect and welfare often account for the largest number of referrals in the various Tusla areas. The children's advocacy centre model in America, which predates Barnahus, is much broader and operates on similar levels where all the agencies sit around the table. The reason Barnahus works is that all the agencies sit around the table. We need that in every Tusla local area office, not just three centres in the country.
The bottom line is that we need to do more to support victims, children and vulnerable families. We can do that quickly and without extra resources by ensuring the right structures are in place and creating co-location or co-working between duty social workers and An Garda Síochána's divisional protected services units, or seconding these staff. That way, without extra resources, we can ensure we will support victims who need support and the State will go a long way towards preventing a repeat of previous failures.
4:50 pm
Josepha Madigan (Dublin Rathdown, Fine Gael)
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In addition to the dedicated centre in Galway using the Barnahus model, there will be two further locations in the east and south. I understand they will provide national coverage and access for victims and families to the service. A joint EU-Council of Europe project to support national implementation of the model is also under way. An inception report for the project has just been published. The report will guide which areas the project needs to address as a priority in order to support the national Barnahus project in Ireland. I welcome the Deputy’s observation that it is an excellent model. Obviously, it needs to be worked out properly.
The Deputy spoke about seconding social workers into the divisional protected services unit. I will bring that point back to the Minister.
If children are at risk of abuse in any circumstances, or in any cases where a child’s immediate safety is deemed to be at risk, it is essential that a social worker inform An Garda Síochána as soon as possible about any actions that are taken or planned. In some cases, Tusla may request the assistance of An Garda Síochána in making an emergency intervention. The Deputy mentioned section 12 of the Child Care Act, which provides An Garda Síochána with specific powers to remove a child to safety where there are reasonable grounds for believing there is an immediate and serious risk to the health or the welfare of a child. I note the Deputy's point that he does not want the joint working protocol to be ad hoc and that it should be consistent. Having co-operation and co-ordination in the working environment will be at the heart of the framework and will help inform part of the child protection and welfare services. The structure the Deputy spoke about is integral to and will be implemented under the new strategy on domestic, sexual and gender-based violence.