Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 213: To ask the Minister for Health and Children her views on a matter (details supplied). [9827/09]

Barry Andrews (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

In relation to the safety and security of children in the care of the State, I would like to give the Deputy a brief overview of the legislative, regulatory, policy and good practice measures that are currently in place in the child welfare and protection services.

The Child Care Act, 1991 places a legal obligation on the Health Service Executive (HSE) to promote the welfare of children who are not receiving adequate care and protection. The HSE has, therefore, statutory responsibility for the provision of health and child welfare and protection services. In implementing the Act, the HSE provides a range of services including family support services, foster care services and residential care services. A child is taken into the care of the State only as a last resort where alternative care and welfare services cannot adequately meet the needs of the child and his/her family.

The Child Care Act, 1991 allows for a child at risk to be taken into care on a voluntary basis or pursuant to a court order. Provisions have also been included in the Act for emergency situations where there is an immediate and serious risk to the health or welfare of the child. Children who are taken into the care of the HSE can be placed in residential care, foster care or relative care in accordance with the Child Care Regulations, 1995. The regulations cover, inter alia, the operation and inspection of residential centres, care planning, supervision, visiting and review of all cases of children placed in care. Of approximately 5,000 children in care in Ireland about 4,500 are in foster care. Almost all of the remaining children are placed in residential units which are operated by, or on behalf of the HSE. These residential services range from mainstream residential homes and high support units to intensive care placements in special care units.

The HSE has recently established a taskforce to bring both standardisation and improvement to a whole range of child protection practices across the country and this taskforce is due to complete its work in May of this year. Care plans, the care planning process and establishing an assessment framework will be included in the work programme of this taskforce. This work is a key element of ensuring that children at risk in our society are afforded the protection they need when they need it.

The Social Services Inspectorate (SSI) was established in April 1999. The main function of the SSI is to improve standards in child welfare and protection services by advising the Department of Health and Children on the formulation of standards and then monitoring those quality standards across the sector. The SSI currently inspects children's residential homes and foster care services operated by the HSE in accordance with and against the Child Care Regulations, 1995 and a number of national standards. The SSI has played a key and important role in the setting of standards, inspecting and ensuring quality services in the area of children's welfare services. The role of the SSI is key in ensuring and monitoring the safety of children in the care of the State.

Where units are run on behalf of the HSE, they are currently subject to registration and inspection by the HSE. Regular meetings take place between the SSI Inspectors and the HSE Inspectors in order to work towards equity in the inspection process. The SSI also receives HSE inspection reports of the voluntary residential children's centres.

The establishment of the SSI on a statutory basis was provided for in the Health Act, 2007 which is currently being commenced. Section 6 and Section 40 of the Health Act, 2007 which provide for the establishment of the Health Information and Quality Authority (HIQA) and the Office of the Chief Inspector of Social Services were commenced on the 15th May 2007. The Act provides for a new system of inspection and registration for 'designated centres' under the Act i.e. residential centres for children (both statutory and non-statutory), residential centres for people with disabilities and residential centres for older people, including private nursing homes.

HIQA has wide ranging functions under the Health Act 2007 including the setting of standards on safety and quality in relation to services provided by the Health Service Executive (HSE) and service providers providing services on behalf of the Executive. These include services provided in accordance with the Child Care Act 1991 and the Children Act 2001. HIQA also has responsibility for monitoring compliance with standards set. In addition, HIQA may undertake investigations as to the safety, quality and standards of services where there is a serious risk to the health or welfare of a person receiving those services and the risk may be the result of any act, failure to act or negligence on the part of the HSE or a service provider etc.

The legislation, regulations, standards, inspection and monitoring systems and other initiatives set out above aim to ensure that the children cared for by the State are safe, protected and secure and I can assure the Deputy that I will continue to work in consultation with HIQA and the HSE to ensure that these protections continue to be enhanced.