Dáil Éireann Debate, Thursday - 20 November 2025
544. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality the steps her Department will take to increase transparency and oversight of private companies providing child care placements on behalf of the State. [64899/25]
Amharc ar fhreagra546. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality if any external reviews have been commissioned into the regulatory oversight of providers contracted by Tusla, and if she will publish the terms of reference and completion dates. [64927/25]
Amharc ar fhreagraI propose to take Questions Nos. 544 and 546 together.
Both Tusla, the Child and Family Agency, and the Department are committed to promoting safe and high-quality practice in all areas of Alternative Care. This is achieved through the thorough application of regulations and standards that govern care placements on behalf of the State.
Tusla is the statutory regulator of both Private and Voluntary Children’s Residential Centres, and is therefore responsible for the registration and inspection of these centres in accordance with Regulations, standards, and the relevant provisions of the Child Care Act 1991.
This Act is the statutory framework for child welfare and protection in Ireland. The legislation places a statutory duty on Tusla to promote the welfare of children who are not receiving adequate care and protection. It sets the legislative provisions in relation to taking children into care, and the responsibilities of the State in that regard, which aim to improve outcomes for looked after children.
Tusla, in discharging its statutory responsibilities under the Child Care Acts, must have the best interests of the child as its paramount consideration. It actively monitors every placement of every child in care to ensure its appropriateness to the needs of that child, and any concerns or breaches of standards or Regulations are addressed in this context.
The placement of children in Residential Care is governed by the National Standards for Children’s Residential Centres 2018, and underpinned by the Child Care (Placement in Residential Care) Regulation 1995, and the Child Care (Standards in Children’s Residential Centres) 1996. The placement of children in Special Care is governed by the National Standards for Special Care Units 2014, as well as the Health Act 2007 (Care and Welfare of Children in Special Care Units) Regulations 2017, Health Act 2007 (Care and Welfare of Children in Special Care Units) (Amendment) Regulations 2018, and the Health Act 2007 (Registration of Designated Centres) (Special Care Units) Regulations 2017.
HIQA carries out announced and unannounced inspections of statutory Children’s Residential Centres and Special Care units. It carries out these inspections against the identified regulations and standards. These standards and regulations set out management and monitoring of residential care services.
Children First: National Guidance for the Protection and Welfare of Children sets out the steps which should be taken to ensure that children and young people are protected from harm. This also outlines the roles of the main statutory bodies involved in child welfare and protection: Tusla - Child and Family Agency, and An Garda Síochána.
Furthermore, the Department is working closely with Tusla to ensure the promotion of safety and quality of Special Emergency Arrangements (SEA), while the Agency seeks to reduce its reliance on these placements.
When a child is placed in an SEA, a number of safeguards are put in place. Tusla have developed Standard Operating Procedures for these placements, which detail extensive checks that any prospective SEA provider must adhere to, including in relation to records management and staff vetting. Tusla has advised that all SEA providers are vetted by the Central Compliance Unit (CCU) of Tusla, the unit ensures that Garda vetting and appropriate qualifications are in order before any child is placed with a prospective provider. The CCU also carries out spot checks to validate staff on active duty. Tusla uses Practice Assurance and Service Monitoring (PASM) reports to support the provision of high quality services for children and families. The monitoring extends across Tusla activity, including SEAs.
In accordance with the latest Standard Operating Procedure for SEAs, regular reviews are required and all efforts are made by Tusla to move children from SEAs as quickly as possible.
As part of the process of reducing reliance on SEAs, The Alternative Care Inspection and Monitoring Service (ACIMS) has met with each SEA provider to support transition of these providers to registered regulated services.
I can advise that officials within this Department regularly engage with their counterparts in Tusla seeking to ensure the regulatory oversight of Tusla commissioned residential providers is of the required standard. I can further advise that this Department has not commissioned any external review of same.
The Programme for Government contains a commitment to developing a national plan on Alternative Care, including a short-term plan to address ongoing issues concerning child care placements. Work is underway on the development of a National Policy Framework for Alternative Care, its scope including efforts to strengthen safeguards for children in care placements, and regulatory oversight of such placements.
