On Monday afternoons the High Court hears updates on a tiny cohort of the most at-risk, and arguably most-failed, children in the State. Mr Justice John Jordan’s weekly special care list deals with applications from Tusla for orders to detain children who are in danger in the most secure form of care – special care.
Distressing accounts of children aged between 11 and 17 are set out – of being drawn into criminality; selling, distributing and taking drugs; exploitation by criminal gangs; sexual exploitation; travelling in stolen cars; placements breaking down, and being arrested.
Special care means detention, for therapeutic interventions, in one of Tusla’s three special care units. The deprivation of a child’s liberty is a serious step. Children for whom special care orders are made have generally exhausted all other care options. They need this care. They are legally entitled to it. Tusla is legally obliged to provide it.
And so, it is deeply troubling that never, in the agency’s 12 years’ existence, has it opened all 26 special care beds. Just 15 of the beds are now operational due to serious challenges recruiting and retaining special care staff.
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A regular feature in Mr Justice Jordan’s court is the infamous “no beds” list where Tusla’s barristers set out the agency’s failure to accommodate children in real danger, whom the judge has ordered be in special care but who cannot get beds.
Giving evidence before another High Court judge, Ms Justice Emily Egan, this week, Tusla chief executive Kate Duggan apologised “unreservedly” to the families of two children in respect of whom special care orders had been made but not complied with. One child has got a bed since contempt of court proceedings against the agency were launched.
Seven staff were needed per bed. Opening the remaining beds would require up to 80 new special care workers, said Duggan. The agency has initiated innovative programmes – including a bursary and an apprenticeship programme and is actively recruiting in colleges. Despite all this, in the last year it has recruited 31 new workers but lost 24 – a net gain of just seven staff, or one bed.
Special care work is challenging, demanding and often comes with violence and harassment from children.
After years of negotiation with the Department of Children, and ultimately with the Department of Public Expenditure, sanction was given in 2024 to Tusla to offer a new grade in special care work, with pay up to ¤70,387.
Duggan said on Tuesday it was “hypothetical” to suggest further increasing pay would better attract staff to this crucial work. It is a hypothesis worthy of serious consideration if we take seriously the rights of our most hurt and damaged children.
