Shortage of special care places slammed
A High Court judge has slammed the “incomprehensible” shortage of special care places for some of the country’s most vulnerable children and demanded the matter be brought to the “urgent attention” of the children’s minister.
Ms Justice Leonie Reynolds highlighted how a shortage of money in Tusla has meant it cannot staff posts in specialised units for children placed there by the High Court.
In a judgment issued this week, Ms Justice Reynolds said it was “imperative” that places be found for these children as difficulties in securing onward placements for young people transitioning out of special care “was becoming increasingly commonplace”.
She said: “Unfortunately, the reality remains that the situation will continue to get worse before it gets better.”
The ruling arose out of a case where the period of detention for one young person in special care was being “unnecessarily extended” due to the lack of onward placements. The court directed Tusla to complete a review of all cases where minors were detained under special care orders.
That report, Transitioning In and Out of Special Care, has now been circulated. In the ruling, Ms Justice Reynolds outlined some of the serious concerns arising from its findings.
She referred to the 14 places currently available in special care in four separate units. One of those units, Gleann Alainn in Cork, will close at the end of the year.
“What is alarming to this court is that almost 12 months ago, a brand new specially-adapted facility with placements for up to 12 children was opened by the minister and to date, it has operated at less than 50% capacity. At best, five of the 12 placements are being utilised,” said Ms Justice Reynolds.
“At a time when there is an ever increasing and unprecedented demand for placements in special care, it appears incomprehensible why this facility is not operating at full capacity.”
Ms Justice Reynolds said, having heard from Tusla, it is apparent the difficulty is in relation to recruitment of appropriately qualified staff given the constraints on its financial resources.
“The agency has sought sanction from the department to address the matter by seeking to make the vacant positions more financially attractive. This request was made last August and a response is awaited.”
Last Monday, the Department of Children and Youth Affairs told the Irish Examiner it was up to Tusla to “make a compelling business case” regarding any proposed changes to terms and conditions of staff, and “no such business case has been received by the department to date”.
Ms Justice Reynolds referred to other efforts by Tusla to hire staff amid a “distinct shortage of placements available”.
She said: “In light of the statutory duties now placed on it pursuant to the recent enactment of legislation and the very grave issues raised by this court, I will direct that a copy of this judgment be furnished to the department so that these matters can be brought to the urgent attention of the minister.”
The case is the first to be dealt with under new provisions relating to special care introduced last January.
