Katherine Zappone (Dublin South West, Independent) | Oireachtas source

I am grateful for the opportunity to discuss the report into Tusla which was carried out at my direction by the Health Information and Quality Authority, HIQA. At the outset I wish to thank HIQA for its report, which is frank, clear and helpful. Through this report it has identified how we can provide better services for our children. Children are, of course, at the centre of what we do and they will be at the centre of our response.

Although HIQA has identified deficits in the child protection services provided by Tusla, it is important to say that the report found children at immediate risk received an appropriate and timely service. Following the revelation last year that Tusla had sent a notification containing a false allegation of child sexual abuse against Sergeant Maurice McCabe to An Garda Síochána, I became concerned that there may be more systemic issues which needed to be addressed by the Child and Family Agency.

In regard to Sergeant McCabe, I would like to say that I welcome the restating of Tusla’s apology to him. I know that the events which triggered this statutory investigation were devastating for him and his family. This investigation did not examine issues pertaining to his case as it is included in the work of the disclosures tribunal. Not for the first time, Sergeant Maurice McCabe, at a personal cost to himself, has done a service to the State.

I am committed to implementing all the recommendations from this report in full. Intensive work is already under way in Tusla and in my Department to ensure this happens. This commitment is shared by the chair, board and CEO of Tusla. When this is done, I believe Tusla will be better equipped to carry out the child protection functions which are so necessary in our country today.

We knew from previous work done by HIQA that issues were identified in inspection reports on foster care and the child welfare and protection services. I am conscious that considerable public funding has been made available to enable the modernisation and transformation strategy that is under way in Tusla. I need to ensure that these public funds are having the impact they are intended to have.

In response to my direction in March last year to HIQA to carry out a statutory investigation into Tusla’s national practices in the handling of referrals of allegations of sexual abuse which involve adults of concern, HIQA has produced a report which clearly captures the progress and problems that were evident at the time the investigation took place.In particular HIQA finds that child sexual abuse referrals, including retrospective allegations, were not always managed in a timely or effective way from the point of referral to the point of closure. There was a variation in the level of adherence to Tusla policies and procedures and standard business processes for referrals. There was no nationally agreed arrangement in place to ensure effective and consistent information sharing between Tusla and An Garda Síochána. There were gaps in resource planning and critical social work posts remained vacant to varying degrees across the service areas.

HIQA's point about needing an innovative approach to workforce planning is well made. We are coming from a position of low numbers of social workers per head of population in all areas, including child protection. However, the report from HIQA states clearly that, "Tusla has to manage the same workforce challenges faced by other jurisdictions [...] and avoid an organisational mind-set that sees such problems as insurmountable due to factors outside of its control". This will require a deeper examination of work practices and roles to make sure the teams are working to the greatest effect on children's lives. Front-line teams need additional support and ongoing training to enable them to use their considerable skills in the most challenging of work and in a very high risk environment. The recommendations identified specific actions for Tusla to act on directly. They also identified areas for engagement by my Department with Tusla and HIQA to support these and to look at the overall regulatory environment.

To move forward, I immediately appointed Dr. Moling Ryan as an independent chair to implement the recommendation on setting up the quality assurance advisory oversight group. The work of this group will examine the links between the action plan with Tusla's five-year child welfare and protection strategy and its three-year corporate plan. In addition, my officials will engage with HIQA as to the kind of regulatory framework for child welfare and protection services that would be suitable for the Irish context. HIQA is our expert in the social services regulatory field and I welcome its involvement. I had a very productive meeting with the CEO of Tusla this morning. I will be meeting the board of Tusla shortly to discuss the short and long-term implications of the report's findings and to discuss how to urgently drive the improvements that are needed.

Turning for a moment to the report itself, it says that it was evident that there had been considerable financial investment by the Government. HIQA states that there is a clear strategic direction for Tusla and its services. This direction is not fully incorporated into practices at local level. In addition, the report is clear that the front-line teams are dedicated to the welfare and protection of children, and engaged positively with the investigation, which I welcome. This is very much in line with my own experience of meeting with front-line teams throughout the country.

However, it was still the case that a key finding in the report was that there are systemic risks which require immediate attention and which pose a potential risk of harm to children. Mr. Fred McBride as chief executive officer, CEO, has acknowledged that improvement is needed and he and his team will deliver on this. They will have my full support, the support of the board of Tusla, my Department and the Government. Tusla’s appearance before the Oireachtas Joint Committee on Children and Youth Affairs - some of the Senators were present and grilled Tusla - provided colleagues with an opportunity to question the senior management of the agency. It is important that Tusla understands the concerns raised by Senators and Deputies who have read the report but who also have "on the ground" experience about child protection services. The Oireachtas joint committee provided Tusla with an opportunity to explain from its perspective how cases are managed and how risk is minimised.

I know that Tusla is anxious to convey the message that it is not possible to eliminate all risk. Sexual abuse is a secretive act, there is shame, there is denial and there is concealment. A reflective learning culture is essential to good practice and early identification of previously unknown risks. Using experience is also a way to minimise the risks. Tusla has recently appointed a chief social worker. Part of the role of the chief social worker is to ensure that learning is shared across the organisation. This has not been happening to the extent that it should.This has not been happening to the extent it should and HIQA was very clear about it. I expect this to change and I am assured it will. Senior social work practitioners will be part of the duty teams. This should improve early identification of risks at the front door.

With regard to retrospective allegations, I am working with the Minister for Justice and Equality on the future role of Tusla and An Garda Síochána in the handling of such cases. Tusla's role has evolved from case law and needs to be considered further. In the interim, Tusla's policy and procedures for retrospective allegations have been fully reviewed and will be available in the near future.

The overall message is that there is an ongoing modernisation programme. However, it needs impetus and focus. This report serves to bring the actions needed into focus and sets a clear path forward. HIQA's findings are serious. Its recommendations will not be left on a shelf. They will be implemented as they are intended to be to provide a more responsive, better and comprehensive service to our Irish children whom we have a responsibility to nurture, protect and respect.