Tusla plans to reduce the number of highly at-risk children it takes into special care in the face of harsh criticism from High Court judges over its failure to find spaces, an internal paper shows.
The paper, dated September and obtained under Freedom of Information legislation, sets out a two-year plan to get all 26 special care beds open by the end of 2028.
However, it notes that the first target of having 20 beds open by the end of the year is “at risk”, with just 13 open at present.
The document says a target of ending the “no beds list”, which lists children whom the High Court has ordered be in special care but who cannot get beds, by the end of the year is “on track”.
The High Court on Monday, however, made orders to detain three children for whom there were no beds, including a 14-year-old girl who has been given drugs and sexually exploited by multiple adult men.
Judge John Jordan lifted the in-camera rule, which operates to protect the identity and privacy in such cases, in that case and also in a second involving extreme sexual exploitation of a teenage girl.
He directed that details of the cases be sent to three Government Ministers – Minister for Children Norma Foley; Minister for Justice Jim O’Callaghan; and Minister for Public Expenditure Jack Chambers – as a “vivid illustration” of the “consequences” of the State’s ongoing failure to open all special-care beds.
“It is important they be aware of the appalling predicament of this child and of the absolute urgency in opening up all the three special-care units,” he said.
Asked about the case on Tuesday, Taoiseach Micheál Martin said he did not have the details, but it was “a very serious situation, obviously”. He said he would speak to O’Callaghan, Foley and Chambers about it.
The third order was to detain a 16-year-old boy, considered to be in extreme danger with a drug gang, in special care.
These three teenagers will likely, at the next High Court special care hearing, be added to the no-beds list, which already includes a boy involved in the sale and manufacture of crack cocaine who has been expressing suicidal ideation.
In July, High Court Judge Emily Egan found Tusla to be in contempt for its failure to provide beds to children ordered by the High Court to be detained there.
The September strategy document says “staff shortages remain the primary barrier to opening additional beds” in the three units.
It says “considerable efforts are also being made to ensure that young people are only referred to special care when all other options and supports have been provided”.
There are growing concerns among legal sources that children who otherwise would have been recommended for special care by Tusla’s referral committee are being refused, thereby keeping their cases away from the High Court.
Five objectives are detailed in the strategy, including to “increase bed capacity”, “strengthen workforce sustainability”, and “improve system flow to and from special care”.
Of 30 actions detailed, eight are described as “at risk” of not being achieved. In addition to the aspiration of having 20 beds open in the next 10 weeks, a plan to open a fourth unit in Cork and another to bring staff absenteeism down to below 20 per cent by the end of the year are deemed “at risk”.
In a statement, Tusla said: “We deeply regret the current situation where we are unable to fulfil our statutory obligations to provide timely access to special care for some young people ... and the impact this is having for these young people.
“It is important to note [that] where a young person in our care is awaiting a Special Care placement, they are cared for in a residential or emergency placement. They have an allocated key worker, an active care plan and their care is co-ordinated on a 24-hour basis.
“Where there are concerns in relation to exploitation, there is intensive engagement with An Garda Síochána to ensure the young person’s safety.”