The State’s failings in the area of child protection are well discussed at this stage. A new report that looks at the issue through the lens of the court system does little to change the perception that Ireland is not meeting its obligations in this area.
The Child Law Project attended child protection hearings in the District, Circuit, High and Supreme Courts over three years from mid-2021 until mid-2024. The consequences of the State’s failure to adequately protect children were there for all to see.
The report notes that the lack of appropriate foster and residential care placements and the use of unregistered placements are an increasing feature of childcare proceedings in both the District and the High Court.
Equally visible from the court proceedings is the lack of State supports for parents who do not wish to be separated from their children. The courts are increasingly giving parents a chance to address issues such as addiction by making shorter care orders. But the lack of support for parents – such as prioritisation for addiction services – undermines the courts’ efforts.
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The lack of coordination between the various agencies involved in caring for children is also manifested in the courts. Tusla, the child and family agency is primarily responsible but in many cases the courts had to direct the HSE and the Department of Education to provide supports to vulnerable children. The report’s authors say that what they saw amounts to a failure by the State to meet its constitutional and human rights obligations toward children. They warn the State is exposing itself to legal challenges as a consequence.
The authors call for a national strategy to address the longer-term issues highlighted in the report and an action plan to address the shortage of appropriate care places. If this is not delivered, then the State may find itself in court. And, more importantly, it will not be delivering on its duty to vulnerable children and families who need vital State supports delivered in a timely and organised fashion.
