The State’s continued use of unregulated emergency placements for vulnerable children in care is a “national scandal” that is failing them in ways that “should never be acceptable or allowed to happen”, a Dublin district judge has said.
Judge Conor Fottrell took the unusual step of publishing written decisions in two separate cases of children in such placements known as special emergency arrangements (SEAs) on Friday.
SEAs are privately-provided placements in rented apartments, holiday lets or hotel rooms. They are neither compliant with legislation nor inspected by health watchdog Hiqa. More than 1,000 children were accommodated in them last year amid an ongoing crisis in placement availability across the child protection system.
Fottrell is one of a growing chorus of voices calling for an end to Tusla’s use of SEAs.
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On Monday, the Irish Association of Social Workers will call for immediate Hiqa inspections of all SEAs and “urgent measures ... to safeguard children” in them.
In his first decision, Fottrell described as “shocking” that a child, in State care since birth and presenting with a high level of complex needs and in extreme distress, was now in their fifth SEA.
The child has no family in their life, has experienced neglect and trauma, and presents with complex needs associated with foetal alcohol syndrome. They have had 11 placements since a “loving” foster placement broke down in 2022.
In their current SEA since February, the young person is “completely lost, alone and frightened,” their court appointed advocate said.
“These fears are being demonstrated in ... regular episodes of self-harming, blanking out, presenting as terrified and fearful and consistently asking for help,” says the judge in the case which has been before his court about 50 times since 2022.
A direction that Tusla provide a registered placement for the child four weeks ago has not been complied with. It was “shocking” that “[Tusla] can stand over this appalling situation,” said the judge.
“It is important and in the interests of children in care, that there is a written record of the court’s serious reservations and concerns regarding children being placed in unsuitable and unsafe SEA placements,” he said.
“The continuing use of SEAs is a national scandal.”
“This highly vulnerable child in care is being failed, and this should never be acceptable or allowed to happen.”
In the second case, a young teenager whom the judge also directed be brought to a registered placement remains missing from their SEA since February.
The child has been seen by neither a social worker nor their advocate for four weeks and has “stated clearly” they do not want to return to their SEA.
The child is thought to be moving between several locations. A social worker in a recent sitting said this was the child she was “most” worried about.
The child is “an extremely vulnerable young person with a history of risk-taking behaviour, criminal association and substance misuse”. Their situation is “extremely concerning” said the judge.
“It simply beggars belief that a ... child in care can go missing for nearly a month and there has been absolutely no progress in finding [them] or providing [them] with a suitable registered residential placement.
“The position of [Tusla] is completely unsatisfactory and unacceptable.”
