Report on Use of Section 12 of Child Care Act by An Garda Síochána: Statements

The following report is presented without comment any comment:

Seanad debates Wednesday, 31 May 2017

Katherine Zappone (Dublin South West, Independent)
Link to this: Individually | In context | Oireachtas source

I welcome the opportunity to discuss this important matter with Members of the Seanad and to set out the actions that are being taken. Following a recommendation by the Ombudsman for Children concerning the removal of two Roma children from their families, a report of the audit of the emergency removal of children from their families was commissioned by An Garda Síochána to review its handling of section 12 cases. While the report’s focus and recommendations are based on an examination of Garda records and are primarily directed at An Garda Síochána, Dr. Shannon also considers and makes recommendations regarding Tusla and the broader child protection system.

Before I address the report itself, it is important to have a clear understanding of when section 12 is invoked. An Garda Síochána has the power, under section 12 of the Child Care Act 1991, to remove a child urgently from a situation for his or her safety and welfare. This includes a power to enter any premises without a warrant under certain conditions and the child, once removed, is to be delivered to Tusla, the Child and Family Agency. Tusla social workers have no powers to enter a home or to remove a child from a dangerous situation in an emergency. Link to complete Seanad Debate

• I wish to acknowledge my thanks for the use of The Oireachtas website in presenting the above Report/Debate.

REPORT TO MEMBERS OFTHE JOINT COMMITTEEOF THE OIREACHTAS ON CHILDREN AND YOUTH AFFAIRS

Mr Fred McBride Chief Executive Tusla

Child and Family Agency

The legal context – management of allegations of abuse One of the most significant challenges facing Tusla on establishment was the management of allegations of abuse, particularly those when an adult comes forward with an allegation of abuse which happened to them as a child. The State has unequivocal duties to children who are not receiving adequate care and protection. These obligations arise from the Constitution and have been placed on a statutory footing in the form of the ‘Child Care Act 1991’. The Act provides a legislative framework for best promoting the welfare of children and confers both statutory powers and duties upon Tusla. However, there is no specific provision within the Act to conduct assessments of abuse perpetrated against children In the vacuum of a legislative provision, Tusla conducts its assessments in accordance with its policy, which is, in turn, informed and shaped by case law and best practice. Currently, on receipt of a referral or allegation of abuse, Tusla will assess the allegation in line with its policy and established procedures. In conducting such assessments, the sole objective of Tusla is to identify, and thereafter manage, any risk posed to children. The function of Tusla is not the detection and prosecution of a criminal offence, the administration of justice or a finding of innocence or guilt. These are matters reserved for An Garda Síochána, the Director of Public Prosecutions and the Courts of Criminal Justice. Go to:The Complete Report

Making a Comment, Compliment or Complaint to TUSLA

A written complaint should include:

• Who was involved?
• What happened and when?
• What are you concerned about?
• Have you done anything else to resolve this matter?
• What do you want to happen now?

It will also assist the complaints officer if any extra information and/or copies of other relevant documents are attached to your written complaint. 

Go to full article on TUSLA website

Long Delay In TUSLADealing With SomeChild Abuse Allegations

Ombudsman Peter Tyndall

Bellow is what can only be regarded as "

A DAMNING INDICTMENT OF 

THE WORK OF TUSL"

The following report, dated Wednesday 19 July 2017 appeared on the RTE website on the above subject and can only make harrowing reading to the ill-fated clients and their families who were failed by TUSLA "The Child and Family Agency":

The Ombudsman has criticised Tusla, the Child and Family Agency, for serious failings in its responses to a number of allegations of child abuse made against adults.

The watchdog found that in one case it took five years to clear the name of an accused man, while in another a note recording a complainant's allegations was sent to the wrong address.

The report by Ombudsman Peter Tyndall has its origins in a warning three years ago by his office to the newly-created Tusla about how social workers were handling some cases including allegations of child abuse, particularly historic complaints. Link to Full Report  [A Must Read]

National Heritage WeekLimerickAugust 19 - 27, 2017

Limerick City and County Council invite everyone, locals and visitors alike to join them to experience local community events on heritage topics during National Heritage Week from August 19 - August 27.

Limerick City and County Council have organised a number of events over the week providing opportunities to explore a wide range of heritage experiences including Tait’s Limerick Clothing Factory, Remembering Revolutionary Limerick, Limerick Lace classes, tours of Mount St. Lawrence cemetery, tours to the new Limerick Museum, unveiling Limerick’s online archive, and cycling tours in association with the Limerick Pipe Organ festival.

• Link to Information on Limerick Events