The use of “unregulated, unregistered placements” for children in care “should come to an end”, a Dublin District Court judge has said.
Judge Conor Fottrell was speaking on Wednesday as he granted an interim care order in respect of two child asylum seekers who have been in three unregistered special emergency arrangements (SEAs) in three months.
The court heard that the boys experienced significant trauma in their lives before arriving in the State last August.
They were initially provided with Tusla accommodation under section 5 of the Childcare Act, according to which a child who is homeless should be provided with accommodation.
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This is a lesser level of protection than is provided under section 4 of the Act, which sets out when a child should be taken into care.
Granting a 28-day interim care order under section 4, the judge said he would not have granted the four-week order if the placement was to be a fourth SEA. It would have been for one week only, he said. A registered placement had, however, been identified, the court heard.
“This court has repeatedly expressed serious concerns ... and ... reservations on the ongoing use of special emergency arrangements for children in care,” he said.
The judge’s comments come amid ongoing criticism of the use of SEAs given they are not registered or inspected by the Health Information and Quality Authority and are provided by private operators.
“The court acknowledges and is aware of the demands that are being placed, the unprecedented demand that is being placed on the Child and Family Agency [Tusla].
“But I have said it before, it is deeply concerning and troubling to witness the placement crisis that we have to deal with on a daily basis here in the court.”
He said “these children” should not be placed in SEAs “even for a short period of time”.
Describing them as “unregulated, unregistered places, usually a private provider or business”, he said Tusla has “themselves” said “they have spent tens of millions of euros ... paid out to private business owners to provide these SEAs”.
He added: “Private business owners are making substantial profits out of a placement crisis in the child protection system. This is just wrong. The idea that you would have vulnerable at risk children placed in either an apartment, a hotel room, a B&B – it’s just not suitable.”
Last year, 15 companies shared €56 million in payments from Tusla to run such SEAs.
The judge said the courts have to monitor children’s welfare more closely in such arrangements than when they are in registered placements.
“The court has found itself having to bring these cases back within a week because children remain in these SEAs,” he said. “There must be a better way than continuing with these unregulated, unregistered places [which have now been in use] for four or five years. Their use of SEAs for children in care should come to an end.”
He voiced concern about the provision of accommodation only to some child asylum seekers under section 5, where they may require a higher level of protection.
