I propose to take Questions Nos. 457, 464 and 466 together.
May I thank you for the opportunity to address how the Department oversees important areas of Tusla's work while both understanding the requirement to follow directions of the courts and respecting Tusla's independence in exercising professional judgement.
Emergency care orders under section 13 of the Child Care Act 1991.
Tusla, the Child and Family Agency, holds statutory responsibility under the Child Care Act 1991 and other legislation to safeguard children who are not receiving adequate care and protection. This means assisting children, who have been, or are at risk of being abused, neglected or otherwise harmed, or whose parents are unable to provide adequate care or protection. The aim is to intervene early to provide a timely response that is appropriate and proportionate to the identified need. Tusla conducts this work in partnership with other statutory services, such as health, education, An Garda Síochána, local authorities, the voluntary sector and most importantly families and their communities.
Section 13 of the Child Care Act 1991 allows the District Court to grant an emergency care order to Tusla if there is reasonable cause to believe a child faces immediate and serious risk to their health or welfare. Section 12 of the Act relates to the removal of a child by An Garda Síochána where there is an immediate and serious risk to the health or welfare of a child.
Tusla had advised that in practice, this means that where a child is believed to have been subjected to harm where the impact of that harm has posed an immediate and serious risk to the child, and that no other measure could be established that removes the likelihood of a such a risk of future harm occurring, the Agency has a statutory duty to make an application to the court under Section 13 of the Act. Section 13(1) of the Act sets out the thresholds that need to be met before the District Court can grant an emergency care order. Tusla is then bound by the court decision.
That said, Tusla's management of children subject to care orders is the subject of regular engagement with the Department including about its capacity to respond to the these orders and the provision of appropriate settings to children who are the subject of such orders.
Governance, audit, and performance reporting requirements in respect of Tusla's procurement and funding of privately operated residential care providers:-
Section 21 (2) of the Child and Family Agency Act 2013 provide, inter alia, that the The Board of Tusla is responsible for promoting high standards of corporate governance and the integrity of the Agency's accounting and reporting systems. This extends to the oversight of its procurement processes. It is also worth noting that Tusla is subject to annual audit by the Comptroller and Auditor General.
The Department’s oversight of Tusla extends to the control environment Tusla has in place including the work of Tusla's Audit and Risk committee which, in turn, is responsible for the oversight of the identification and management of risks in the organisation.
Tusla must comply with public procurements rules in its engagement of private residential care providers.
Tusla is continuously striving to improve in respect of its procurement and funding reporting requirements. In the 2024 Annual Report & Financial Statements addition appendix were included to detail amount spent by individual provider.
The appendix referenced can be found below.
Tusla Annual Report 2024.pdf
Appendix 1 Independent Placement Provision Summary by Region pg 198
Appendix 2 Summary of Independent Placement Provision by Providers pg 199
Under the provisions of the Child and Family Agency Act 2013, Tusla is independent in the performance of its functions. The Department does not direct the day to day operations of Tusla. In keeping with the provisions of the Code of Practice for the Governance of State Bodies, the Department’s governance of Tusla is captured within its Oversight Agreement.
The Oversight Agreement includes references to
• the reporting arrangements between the Department and Tusla,
• the roles and responsibilities of key parties including the role of the Board of Tusla, its Audit and Risk Committee, its Chief Executive Officer and Executive Management team,
• how Tusla’s annual business plan and longer term strategy are aligned with the priorities of the Minister and of the Government
• the monitoring arrangements including the formal engagements and different meetings between senior Departmental Official and staff in Tusla to ensure that its actions are properly aligned.
While the Oversight Agreement does not place an obligation on Tusla to provide statistical data of a specific or general nature on applications for emergency care orders under section 13 of the Child Care Act 1991, its management of children subject to care orders is the subject of regular engagement between with the Department.
The Performance Framework is also a key part of the accountability and oversight structure between the Minister for Children, Disability and Equality and Tusla. It provides direction for the work of Tusla for a period of 3 years outlining both the principles and priorities that will structure the development of Tusla’s Corporate Plan and its consequent implementation.
