Jennifer Whitmore (Wicklow, Social Democrats)
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390. To ask the Minister for Children, Equality, Disability, Integration and Youth when his Department was first notified of instances of sexual exploitation of children in care; the measures taken to ensure the safety of children in care from sexual exploitation; when those measures were first implemented; and if he will make a statement on the matter. [31784/23]

Roderic O'Gorman (Dublin West, Green Party)
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Tusla has a statutory obligation to notify An Garda Síochana of all incidences of suspected child sexual exploitation, including those relating to children in the care of the State. An Garda Síochana lead the investigation into these notifications. Consequently, Tusla liaises closely with Gardaí, and also has an assigned Principal Social worker based with Garda National Protective Services.

In relation to the recent study published by University College Dublin, entitled ‘Sexual Exploitation of Children and Young People in Ireland’, my Department was informed of the publication of the report on the day prior to publication.

Children in the care of the State are some of the most vulnerable individuals in our society. Tusla, the Child and Family Agency, and my Department are committed to promoting safe and high quality practice in all areas of Alternative Care. This is achieved through the application of Regulations and Standards that govern the placement of children and young people.

The Child Care Act 1991 is the statutory framework for child welfare and protection in Ireland. The legislation places a statutory duty on Tusla to promote the welfare of children who are not receiving adequate care and protection. It sets the legislative provisions in relation to taking children into care, and the responsibilities of the Sate in that regard, which aim to improve outcomes for looked after children.

The placement of children in Residential Care is governed by the National Standards for Children’s Residential Centres 2018, and underpinned by the Child Care (Placement in Residential Care) Regulation 1995, and the Child Care (Standards in Children’s Residential Centres) 1996. Similar frameworks of standards and regulations also exist in relation to foster care and special care. All settings are inspected against the relevant standards and regulations.

While the issues raised in the report in relation to the potential sexual exploitation of children by organised groups of predatory men in our society are concerning, a number of key developments have recently taken place to assist with the reporting of child sexual exploitation. These developments include the following:

Tusla implemented its Child Exploitation (CSE) Procedure in 2021, in partnership with An Garda Síochána, which provides Tusla staff and carers with information on how to recognise indicators of child sexual exploitation, how to make appropriate referrals and how to respond to cases where children may be at risk of sexual exploitation;

The joint working protocol between Tusla and An Garda Síochána forms a critical part of the responses to child abuse and neglect, particularly in relation to child sexual exploitation, with regular meetings by Tusla local area and also by Tusla’s national children’s residential service with An Garda Síochana in respect of child sexual exploitation referrals. In addition, each Tusla area implements its own local area management meetings with local Garda divisional child protection units to review progress on Garda notifications;

Additionally, Tusla has established an anti-trafficking working group in readiness for the Department of Justice, National Action Plan for Human Trafficking which includes the area of child sexual exploitation.

My Department has recently established jointly with Tusla a working group looking at institutional and organisational abuse. This work is ongoing, including reviewing criteria for definition of such abuse and reviewing further supports and guidance for staff around any potential indicators of child sexual exploitation of children in State care.

In addition, Tusla is taking a range of initiatives jointly with the Health Service Executive on information, research and guidance on how to identify child sexual exploitation. Children First Information Advisory Officers are developing a range of new procedures regarding online safety, which are expected to be introduced in the coming months.

My Department is also leading an inter-departmental group on the national implementation of Barnahus which is a multi-agency approach to the provision of intervention and services to children subject to child sexual abuse. A pilot has been operational in Barnahus West (Galway) for the past number of years with additional centres planned to be established in the east and south of the country.

Where there may be child welfare concerns the onus falls on all of us to report concerns that a child may have been, is being, or is at risk of being abused or neglected. Tusla has developed a comprehensive referral system through which organisations, the public and mandated people can share their concerns for a child potentially at risk of neglect or abuse.

It is not necessary to prove that abuse has occurred to report a concern to Tusla. All that is required is that there are reasonable grounds to believe such abuse is taking place. It is Tusla’s role to assess the information that it receives with any other available information. A child protection assessment will be carried out where risk is identified.

Finally, in relation to responding to the UCD study, my Department will ask Tusla to liaise with An Gardaí Síochana in relation to the issues raised in the study’s findings. In addition, my Department will continue to work closely with Tusla's senior management team on the safeguarding framework for all children in care, including in residential care to ensure that the framework continues to be sufficiently robust to protect children from evolving risks.

Jennifer Whitmore (Wicklow, Social Democrats)
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391. To ask the Minister for Children, Equality, Disability, Integration and Youth to provide details of the Tusla working group on institutional and organisational abuse; the date of its establishment; who sits on the working group; how often it meets; what its remit is; and if he will make a statement on the matter. [31785/23]

Roderic O'Gorman (Dublin West, Green Party)
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This working group was set up as a joint action by the Department and Tusla following publication of Dr. Shannon’s review of St. John Ambulance Ireland in March 2023. This working group is not specifically about child sexual exploitation as it relates to issues within organisations and institutions regarding governance and safeguarding and any potential grooming of children by members of those organisations. However the joint working group, in light of UCD's recent research, will review the suspected sexual exploitation of children in residential units by any potential outside influences and review the training of staff around indicators of grooming behaviours and responses to same.

Jennifer Whitmore (Wicklow, Social Democrats)
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392. To ask the Minister for Children, Equality, Disability, Integration and Youth if he will direct HIQA to initiate a full investigation of care homes and residential settings in light of evidence of the sexual exploitation of children; and if he will make a statement on the matter. [31786/23]

Roderic O'Gorman (Dublin West, Green Party)
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The findings of the recent UCD study are alarming. In the first instance, my Department has requested a detailed report from Tusla in relation to the findings of the research, including the number of notifications to An Garda Siochana regarding suspected Child Sexual Exploitation of children in residential care and in particular of young girls in residential care.

HIQA is authorised, under Section 69 of the Child Care Act 1991, as amended by Section 26 of the Child Care (Amendment) Act 2011, to inspect Tusla children's residential services, child protection and welfare services, and foster cares services, including private foster care services provided on behalf of Tusla. Compliance is assessed under the Health Act 2007 (as amended).

HIQA conducts regular inspections of Tusla services under the National Standards for Foster Care, 2003; National Standards for Children’s Residential Centres, 2018; National Standards for the Protection and Welfare of Children, 2012; National Standards for Special Care Units, 2015.

The inspectors of social services review all information and matters about the centre. This includes any previous inspection findings, registration information and information submitted by the provider or person in charge since the last inspection. As part of the inspection, where possible, HIQA Inspectors:

§ speak with children and the people who visit them to find out their experience of the service,

§ talk to staff and management to find out how they plan, deliver and monitor the care and support services that are provided to children who live in the centre.

§ observe practice and daily life to see if it reflects what people tell the inspectors

§ review documents to see if appropriate records are kept and that they reflect practice and what people tell Inspectors.

In order to summarise the inspection findings and to describe how well a service is doing, the Inspectors group and report on the regulations under two dimensions:

1. Capacity and capability of the service:

This section describes the leadership and management of the centre and how

effective it is in ensuring that a good quality and safe service is being provided. It

outlines how people who work in the centre are recruited and trained and whether

there are appropriate systems and processes in place to underpin the safe delivery

and oversight of the service.

2. Quality and safety of the service:

This section describes the care and support children receive and if it was of a good

quality and ensured people were safe. It includes information about the care and

supports available for people and the environment in which they live.

Both Tusla and the DCEDIY review all HIQA inspection reports and Tusla's own inspection and monitoring services inspection reports of residential care units. Any matter of a child protection nature under Children First legislation, including any suspected Child Sexual Exploitation, if not already referred by the residential care units and by the child's allocated Tusla worker, would be referred immediately to An Garda Siochana for investigation and Tusla would complete an assessment of same. An immediate safety plan would be implemented in such circumstances by Tusla to ensure the child/young person's immediate safety if exposed to circumstances of any suspected child sexual exploitation.

Jennifer Whitmore (Wicklow, Social Democrats)
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393. To ask the Minister for Children, Equality, Disability, Integration and Youth the number of reported incidents of sexual exploitation of children in care on a year-by-year basis since 2010; and if he will make a statement on the matter. [31787/23]

Roderic O'Gorman (Dublin West, Green Party)
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As this relates to Tusla operational matters, the question has been forwarded to Tusla for direct reply to the Deputy.