Written Answers Nos. 512-528
512. Deputy Pa Daly asked the Minister for Children, Disability and Equality the number of children in County Kerry waiting for an assessment of need at the latest available point in 2024 and 2025; the number of assessments conducted in 2024 and year-to-date in 2026; and the number of applications received in those periods, in tabular form [13434/26]
Amharc ar fhreagraThe Government recognises that there are unacceptable delays in accessing Assessments of Need. The Department and the HSE are committed to addressing these delays.
It is important to note that children do not require an Assessment of Need to access health services, including Primary Care, Children’s Disability Network Teams or Mental Health Services.
However, demand for Assessments of Need has increased significantly in recent years, reflecting both the increase in population and families exploring all options to access services for their child. Applications for Assessment of Need have risen from 4,700 applications in 2020 to over 13,000 in 2025.
Unfortunately, this demand is outpacing the capacity of the system to respond.
The HSE do not provide data on a county basis, however data is provided by Regional Health Area (RHA) and Local Health Office (LHO). Data is not yet available for 2026 but the HSE has provided the following data from 2024 and 2025 for the Kerry LHO:
|
No. of AON applications received 2025 |
209 |
|
No. of AON applications received 2024 |
148 |
|
Total completed 2025 |
91 |
|
Total completed 2024 |
96 |
|
Total overdue of Q4 2025 |
100 |
|
Total overdue of Q4 2024 |
57 |
In December 2025, Government announced a series of changes to the Assessment of Need process intended to improve access to both assessments and therapies for children who need them. These include targeted amendments to Part 2 of the Disability Act 2005, which provides for Assessments of Need. The proposed changes to the legislation include:
• Ensuring the assessment process focuses on a child’s needs, so that more intensive clinical assessments are only used where required.
• Development of statutory guidelines to better support HSE assessment officers.
The proposed legislative changes will not remove any rights for parents to apply for an Assessment of Need for their child. They also will not alter the statutory six-month timeline set out in the Disability Act.
The Bill has been referred to the Joint Committee on Disability Matters for pre-legislative scrutiny and the General Scheme of the Disability (Amendment) Bill has been published on the Department’s website. An FAQ document has also been published, providing information on Assessment of Need and the proposed changes for parents and any other interested stakeholders.
It is important to recognise that legislation is only a part of the response. The HSE continues to work on a number of significant non-legislative actions to address the wider issue of access to services and supports for children with disabilities including:
• The creation of eleven new HSE teams, initially, to support assessment processes, including Assessment of Need, providing clinical guidance and administrative supports.
• Implementation of the Autism Assessment and Intervention Pathways Protocol by the HSE in early 2026. The Protocol will provide a standardised assessment process across primary care, mental health and disability services. It will be the preferred assessment route for autism.
• Introduction of a Single Point of Access system by the HSE in 2026. This should make it easier for families to be referred to the right service, whether that is primary care, CDNT or mental health services. It aims to streamline referrals and reduce duplication, so children do not end up on multiple waiting lists.
The Department is working with the HSE to identify further opportunities to enhance processes, improve training, and increase administrative supports for HSE Assessment Officers who are responsible for the production of assessment reports. This includes the establishment of working groups to address learning and development needs and to develop statutory guidelines.
The provision of an effective and efficient Assessment of Need system continues to be a priority for the Government.
513. Deputy Pa Daly asked the Minister for Children, Disability and Equality the number of children waiting for children’s disability network team services in County Kerry, at the latest available point in 2025, by team and service type, in tabular form [13435/26]
Amharc ar fhreagraAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
514. Deputy Michael Fitzmaurice asked the Minister for Children, Disability and Equality when approval will be given to the application made for a personalised budget for a person (details supplied; and if she will make a statement on the matter. [13456/26]
Amharc ar fhreagraAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
515. Deputy John Paul O'Shea asked the Minister for Children, Disability and Equality for an update in the changes being made to the Wards of Court and the Assisted Decision-Making Capacity Act in the case of a person (details supplied; and if she will make a statement on the matter. [13485/26]
Amharc ar fhreagraThe Assisted Decision-Making (Capacity) Act 2015, which commenced in 2023, marked a landmark reform of Ireland’s capacity laws, bringing the state into much closer alignment with the United Nations Convention on the Rights of Persons with Disabilities. It abolished the outdated wards of court framework by repealing the Lunacy Regulation (Ireland) Act 1871 and replacing it with a rights-based model of tiered decision support arrangements. It represents an important shift away from a ‘best interests’ approach to a rights-based approach, privileging a person’s will, preferences and autonomy. The 2015 Act also established the Decision Support Service which has statutory responsibility for processing, reviewing, registering and overseeing decision support arrangements.
The 2015 Act provides that all adult wards of court have their capacity reviewed within three years from the date of commencement i.e. by 26th April 2026. This capacity review will enable wards of court to be discharged from wardship and into an appropriate decision support arrangement, where required. Although there has been significant progress in achieving this, not all wards of court have had their capacity reviewed. Government is committed to ensuring that all adult wards of court are enabled to transition out of the wardship regime in a fair and orderly manner. Amendments to the legislation are therefore required to remove any uncertainty for those still in wardship arrangements. In that regard Government has approved the drafting of the Assisted Decision-Making (Capacity) (Amendment) Bill 2026 which will allow the courts to extend the deadline where there is good reason to grant such an extension and where it is in the interests of justice to do so.
This amendment will give the Court discretion to extend the deadline for the making of a declaration of capacity by a maximum of 18 months. This means that all adult wards of court will have a capacity declaration no later than 25th October 2027.
The Bill will also give the High Court the discretion to extend the time period for making a capacity declaration for wards who will reach the age of 18 after the 26th of October 2025. The total limit for any such extension(s) is 18 months.
The Department will continue to monitor the transfer of wards from wardship and into the new progressive system of decision support arrangements.
516. Deputy James Geoghegan asked the Minister for Children, Disability and Equality if she will outline each section of enacted legislation, where the responsibility lies in the Minister to commence that section, that has not been commenced; if she will outline each section of enacted legislation which provides for the making of regulations by the Minister that have not been made by the Minister; if she will outline all sections of enacted legislation or secondary legislation which provide for the publication of guidelines by the Minister that have not been published, in tabular form; and if she will make a statement on the matter. [13499/26]
Amharc ar fhreagraThe Department is currently collating the information requested and a reply will issue directly to the Deputy on this matter as soon as possible.
517. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether her Department receives, on an annual or periodic basis, aggregated statistical reports from Tusla on the number of emergency child removal applications made under Section 13 of the Child Care Act 1991; whether such reports include age breakdowns, including children under one year of age; and if she will make a statement on the matter. [13613/26]
Amharc ar fhreagra518. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether she requires Tusla, under any governance framework agreed with her Department, to report on the outcomes of emergency child removal proceedings, including rates of reunification, care orders, guardianship or adoption; and if she will make a statement on the matter. [13614/26]
Amharc ar fhreagra520. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether her Department has sought or received any data from Tusla in the past five years regarding emergency child removal applications in which material allegations were subsequently amended, withdrawn, or corrected during proceedings; and if she will make a statement on the matter. [13616/26]
Amharc ar fhreagra521. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether any national policy guidance, approved or noted by her Department, requires Tusla to apply additional procedural safeguards, specialist assessment protocols, or disability-informed practice standards when child protection proceedings involve a parent with a diagnosed autism spectrum condition or intellectual disability; and if she will make a statement on the matter. [13617/26]
Amharc ar fhreagra522. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether she has issued, or is considering issuing, any general policy direction to Tusla under the Child and Family Agency Act 2013 in relation to evidential standards, proportionality thresholds, or quality assurance mechanisms in emergency child removal cases; and if she will make a statement on the matter. [13618/26]
Amharc ar fhreagra523. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether the Tusla Board is required to report to her Department on governance risks or systemic concerns arising from emergency child removal decisions; and if she will make a statement on the matter. [13619/26]
Amharc ar fhreagraI propose to take Questions Nos. 517, 518 and 520 to 523, inclusive, together.
Where a member of An Garda Síochána has reasonable grounds for believing that there is an immediate and serious risk to the health or welfare of a child, the member may under section 12 of the Child Care Act 1991 (the Act), remove the child to a place of safety and deliver the child as soon as possible to the custody of Tusla, the Child and Family Agency. Tusla may then, following an assessment, apply to a Court for an emergency care order under section 13 of the Act. An emergency care order made by a Court places the child in the care of Tusla for a period of not more than eight days.
The 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. The Act provides for the statutory criteria that must be met in order for a child to be removed from the custody or care of their parents, including under sections 12 or 13 respectively. Consequently, the evidential standards and proportionality thresholds as they apply to those sections are set out in primary legislation and are interpreted through the associated case law.
Tusla has indicated that when children are removed from the custody of their parents under sections 12 and 13, the initial focus will be on seeking to return the child home once safety has been established. If safety cannot be established, then Tusla may make an application to a Court for an interim care order or full care order. The Court adjudicates on such applications where all parties are represented, and when a child is appointed their own guardian ad litem. Tusla, in discharging its statutory responsibilities under the relevant Acts, must at all times have the best interests of the child as its paramount consideration.
Court oversight of the granting of care orders, including emergency care orders, is a key aspect of upholding the rights of parents and families, and ensuring that children are taken into care only where it is found that they are unlikely to receive the care or protection they need unless a Court makes a care order in respect of that child.
Tusla publishes annual data in relation to the legal status of children in its care: www.tusla.ie/publications/review-of-adequacy-reports/
These reports outline the number of children coming into care for the first time under a section 13 emergency care order, in a given year. This information is not broken down by age.
Both Tusla 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 Alternative Care on behalf of the State, and is underpinned by the provisions of the Child Care Act 1991.
The Health Information and Quality Authority (HIQA) monitors the quality of service provided by the Child and Family Agency to protect children and to promote the welfare of children. The Authority monitors the performance of the Child and Family Agency against the National Standards for the Protection and Welfare of Children and advises the Minister and Tusla, the Child and Family Agency. The National Standards state that in safe and effective services, social workers are supported in making appropriate evidence-based assessments and decisions and managing risk to provide interventions and supports that are more likely to protect children not receiving adequate care and protection.
HIQA submits its Inspection Reports to the Department, and where necessary the Reports are analysed and escalated within the Department to Senior Management. The Department engages with Tusla on the implementation of compliance plans when deemed necessary.
Tusla is required by law to be independent in its work as set out in Section 8(11) of the Child and Family Agency Act 2013. It would not be appropriate for the Department to interfere with the professional judgement of Tusla staff in relation to specific cases. Rather than seeking to intervene in the day-to-day operations, and 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.
The Department’s oversight of Tusla extends to the control environment it has in place including the work of its Audit and Risk committee which, in turn, is responsible for the oversight of the identification and management of risks in the organisation.
The Department also works with the Board of Tusla in ensuring that it is in compliance with the provisions of the Code of Practice for the Governance of State Bodies and seeks corroborating evidence on the controls it operates in providing effective leadership and direction to the organisation.
Under the Programme for Government 2025, Securing Ireland's Future, the Government has made a number of commitments with a view to strengthening the Child and Family Agency, Tusla, and protecting children, which include updating the Child Care Act, 1991, to ensure it reflects our current child protection environment.
Within this context, the Minister is advancing proposals within the Child Care (Amendment) Bill 2025, which is awaiting Committee Stage in Dáil Éireann, to establish principles to guide the Child and Family Agency in the performance of its obligations and duties under the 1991 Act and under subsection 8(1) of the Child and Family Agency Act 2013. These principles include that Tusla shall regard the best interests of the child as the paramount consideration.
519. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether her Department requires Tusla to conduct internal audit, quality assurance review, or evidential compliance review of emergency child removal applications; whether summary findings of such reviews are reported to her Department; and if she will make a statement on the matter. [13615/26]
Amharc ar fhreagraTusla, 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.
Tulsa provides several alternative care arrangements. This includes the provision of foster care, residential care, and special care. When children need alternative arrangements, there are two different ways that this decision can be made:
• A Voluntary Agreement is reached by parents/guardians and Tusla, or
• A Statutory Order such as a Care Order is applied for in court.
Section 13 of the Child Care Act 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. The agency is bound by the court decision.
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.
The Department’s oversight of Tusla extends to the control environment it has in place including the work of its Audit and Risk committee which, in turn, is responsible for the oversight of the identification and management of risks in the organisation. The Department also works with the Board of Tusla in ensuring that it is in compliance with the provisions off the Code of Practice for the Governance of State Bodies and seeks corroborating evidence on the controls it operates in providing effective leadership and direction to the organisation.
Under the Programme for Government 2025, Securing Ireland's Future, the Government has made a number of commitments with a view to strengthening the Child and Family Agency and protecting children, which include updating the Child Care Act, 1991 to ensure it reflects our current child protection environment. Within this context, the Minister is advancing proposals within the Child Care (Amendment) Bill 2025, which is awaiting Committee Stage in Dáil Éireann, to establish principles to guide the Child and Family Agency in the performance of its obligations and duties under the 1991 Act and under subsection 8(1) of the Child and Family Agency Act 2013. These principles foreground the best interests of the child, which is the paramount consideration for the Agency.
524. Deputy Claire Kerrane asked the Minister for Children, Disability and Equality the figures for the number of children put in special emergency arrangements in each of the years 2020-2026 to date. [13624/26]
Amharc ar fhreagraAs this question relates to operational information held by Tusla, the Child and Family Agency, the question has been referred to the Agency to reply directly to the Deputy.
525. Deputy Claire Kerrane asked the Minister for Children, Disability and Equality the providers used for special emergency arrangements in 2025; the amount given to each; and the number of times each provider has been inspected since used as a provider by Tusla for such arrangements, in tabular form. [13625/26]
Amharc ar fhreagraAs this question relates to operational information held by Tusla, the Child and Family Agency, the question has been referred to the Agency to reply directly to the Deputy.
526. Deputy Fionntán Ó Súilleabháin asked the Minister for Children, Disability and Equality if the TUSLA therapeutic team at a centre (details supplied) is being made redundant; if so, the reason this service is being ceased even though there are referrals for over 30 children between Wexford and Waterford who cannot be outsourced; and if she will make a statement on the matter. [13627/26]
Amharc ar fhreagraThe Deputy is seeking information in relation to an operational matter for Tusla, the Child and Family Agency. Consequently, I have referred the matter to Tusla, and requested that a direct response be provided to the Deputy.
527. Deputy Fionntán Ó Súilleabháin asked the Minister for Children, Disability and Equality if her Department can ensure that funding for the TUSLA Therapeutic team at a centre (details supplied) can be made available after May 2026 considering that TUSLA is expanding access to play therapists to children in care, recognising the invaluable care provided through this service; and if she will make a statement on the matter. [13628/26]
Amharc ar fhreagraThe Deputy is seeking information in relation to an operational matter for Tusla, the Child and Family Agency. Consequently, I have referred the matter to Tusla, and requested that a direct response be provided to the Deputy.
528. Deputy Claire Kerrane asked the Minister for Children, Disability and Equality the total number of long-term residential places available, by county for disabled people. [13638/26]
Amharc ar fhreagraAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly.
