John McGuinness (Carlow-Kilkenny, Fianna Fail)
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486. To ask the Minister for Children and Youth Affairs if approval will be given to an independent mechanism by which members of Dáil and Seanad Éireann can register the complaints or concerns received from persons relative to Tusla; if such a mechanism or process will be empowered to issue an acknowledgement of correspondence received in this regard; if her attention has been drawn to the mounting criticism and complaints from foster care families and others relative to processing of concerns and complaints; and if she will make a statement on the matter. [40179/17]

Katherine Zappone (Dublin South West, Independent)
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I want to firstly acknowledge that concerns have been raised with my Department in relation to the processing of complaints by Tusla, the Child and Family Agency.

Section 64 of the Child and Family Agency Act 2013 requires Tusla, the Child and Family Agency, to establish procedures for dealing with complaints against the Agency or a service provider.

Tusla introduced its complaints policy, "Tell Us: You Say, We Listen" in September 2016. All complaints received by Tusla, from this date, are managed under the "Tell Us" policy. Any individual who wishes to make a complaint about Tusla services can do so through the "Tell Us" complaints process. Contact details and further information are on Tusla's website www.tusla.ie. "Tell Us" explains how complaints can be managed or feedback can be provided with a focus on local and speedy resolution. Where informal local resolution is not possible, a Complaints Officer will be appointed to examine the matter. This process takes up to 30 days. If it takes longer, the process provides for regular updates every 20 days. If, after that, a person remains dissatisfied with the recommendations of the investigation, they can either seek a review of their complaint by a Tusla review officer or contact the Ombudsman or Ombudsman for Children's Office. All complainants are advised of this

Concerns communicated to Tusla by a member of the Oireachtas, through a representation that constitutes a complaint, are referred to the appropriate service within Tusla. A response issues from Tusla confirming that this has been done. An acknowledgement of receipt of the complaint is also issued to the complainant, where identified, within 10 working days. Tusla has established a specific email address (tuslapad@tusla.ie) in order that Oireachtas members may convey any concerns directly to Tusla. Public representatives may also make a complaint on behalf of a constituent directly to tellus@tusla.ie.

In order to ensure independence with regard to complaints investigations, "Tell Us " provides that a complaints officer should not be involved in managing a complaint about a matter in which they have had either a direct or indirect involvement. In such circumstance the complaint must be passed to another complaints officer not linked to the complaint.

The Irish Foster Care Association, through its contact with the Department, has voiced concern with regard to the Tusla management of allegations made in relation to foster carers, while also emphasising the good work that is being carried out. In response to feedback from the Association, and from social work teams and foster carers, Tusla has committed to the development of a National Guidance for Responding to Child Protection and Welfare Concerns in Foster Care. This guidance will be finalised later this year. The voices of foster care families and children in care are valued, and it is important that any concerns raised are responded to promptly and comprehensively.

It should also be emphasised that Tusla follows the Children First National Guidance on the Protection and Welfare of Children, 2011, in responding to all allegations of child protection and welfare concerns. In addition, since its approval in September 2014, a national policy, ‘Policy & Procedures for Responding to Allegations of Child Abuse & Neglect’, was implemented to ensure a standardised approach in responding to, and assessing, all child protection and welfare concerns relating to children, regardless of their care status.

Tusla has also issued a guidance document to its staff on the Management of Serious Concerns and Allegations, detailing guiding principles, including statutory requirements and a Tusla protocol for the management of serious concerns and allegations against foster carers. This relates to serious concerns or allegations that are raised by children in foster care, birth parents, foster carers, or third parties. Any serious allegation reported to Tusla is taken seriously, and managed appropriately and sensitively.

It is evident from the foregoing that Tusla has developed, and strengthened, its complaints policy framework. This should provide the necessary basis for a more prompt and efficient service for Oireachtas members and for the general public. This is an important matter, acknowledged as such by Tusla, which will be kept under close review by my Department in discharging its oversight function in respect of Tusla.