Thank you Deputy for your question.
As you are aware, Tusla was established as an independent agency under the aegis of this department, to promote the development, welfare, education and protection of children and young people, and to provide supports to vulnerable children and families.
Each year Tusla publishes it's annual report which will include high level information on the number of inspections Tusla has conducted on residential care centres. There are robust procedures in place for the monitoring of service provision.
Tusla’s Practice Assurance and Service Monitoring (PASM) team undertakes reviews of Tusla funded services. It conducts practice audits focussing on governance, risk management, and internal control systems. Where issues or concerns arise, Tusla takes action to minimise risk.
In addition, the Alternative Care Inspection and Monitoring Service is responsible for the inspection of non-statutory children’s residential services.
The National Standards for Children’s Residential Centres, 2018 (HIQA) provide the framework against which inspections are carried out and provide the criteria against which centres’ structures and care practices are examined. The Child Care (Standards in Children’s Residential Centres) Regulations, 1996 provide the regulatory framework against which registration decisions are primarily made.
During inspection, inspectors use the standards to inform their judgement on compliance with relevant regulations. Inspections are carried out against specific themes and may be announced or unannounced.
Also HIQA inspections on Tusla services are available publicly and to the Department to further improve sight of any issues that arise in the provision of care.
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.
Under the provisions of the Child and Family Agency Act 2013, Tusla is independent in the performance of its functions. 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 an Oversight Agreement. Tusla procures services from external suppliers in compliance with relevant legislation and procurement rules. Consequently, this Department does not directly monitor companies contracted by Tusla to provide placements for children in care. However, the Department does have regular engagement with Tusla at all levels to address issues related to the provision of alternative care services
