The President of the District Court has said now is the “best chance”, with “unimagined billions at our disposal”, to properly protect and care for children in care, “our most vulnerable citizens”.
“As a society, we are failing far too many of those whose rights we are bound by our Constitution and laws to vindicate,” Judge Paul Kelly said.
“Anyone listening to the news each day will hear a clamour of different voices seeking money from the Government for something. Each one is deserving and the Government’s job is to prioritise the demands and make the best use of our resources.”
“Every so often,” he asked, “shouldn’t we take a particular area – in this case, childcare – and say, ‘Let’s make a quantum leap here implementing a bespoke model of best practice?’”
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“There are only 5,600 children in the care system at present. With unimagined billions at our disposal, is now not the best chance to properly protect and care for our most vulnerable citizens?”
Judge Dermot Simms, a recently retired District Court colleague who presided for four years over the childcare courts, has written to several Government ministers and others expressing “utmost concern” for the immediate predicament and welfare of children in care who require State services, Judge Kelly said.
Noting that an official with the Child and Family Agency had said the placement of children in unapproved and ad hoc arrangements is reported to the State Claims Agency and Health and Safety Authority, Judge Kelly suggested there “are problems coming down the track that might cause significantly more expense to the State than it might cost to deal with those problems at this stage”.
Judge Simms on Monday received a response from the chairman of Tusla, Pat Rabbitte, agreeing with the points the judge had made and outlining steps taken to address the concerns outlined, he noted.
On a daily basis, District Court judges around the country “are finding that the reality is not keeping up with the rhetoric”, Judge Kelly said.
He was speaking at an event in Dublin marking the tenth anniversary of the founding of the Child Law Project, which publishes regular reports from courts which make child protection orders, collects and analyses data from the proceedings and promotes public debate on the issues raised.
Judge Kelly praised the CLP’s “superb work shining a light on proceedings in the District Court involving the most vulnerable of our children”.
In a video address, the Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, whose department funds the CLP, said its important work has provided policymakers and the wider public with “invaluable insights” into the practical implementation of the Child Care Acts and into the experience of “some of the most vulnerable individuals in our society”.
Dr Maria Corbett, Chief Executive of the CLP, said there is a “serious crisis” in the availability of appropriate care placements which is undermining progress made over two decades and requires “urgent interdepartmental attention”.
The project has seen children come into care due to concerns their parents have neglected or abused them or where a child is separated from their families and is seeking international protection, possibly fleeing war, she said.
It is witnessing a “growing trend” of children, including many with disabilities, entering care due to their own emotional, behavioural or mental health difficulties.
Because these children require both Tusla care services and HSE mental health and disability services, inter-agency engagement “is essential”, she stressed.
Recurring issues and problems identified by the CLP in relation to parents include drug and alcohol addiction, mental health, disability, domestic violence, poverty, homelessness and social isolation, she outlined. It noted “disproportionate representation” in proceedings of families from ethnic minorities, including Travellers and parents who had themselves been in care.
Issues for the State, and particularly Tusla, include difficulties in obtaining timely assessments or therapies for children and appropriate residential placements for children with complex needs. The project has also revealed often difficult relationships between different State agencies with responsibility for meeting the needs of children, in particular the services provided by the HSE.
The project welcomed the moves towards establishing a dedicated family court and to reform the Child Care Act, Dr Corbett said.
Dr Carol Coulter, founder and executive director of the CLP, thanked all involved and said she was “personally proud that we have been able to provide transparency on the workings of the child protection courts”.
