Lack of co-operation between gardaí and social workers and inadequate supports for many district courts are contributing to child protection cases taking several years to complete.
This prolongs uncertainty for, and can re-traumatise, already very vulnerable children, the latest report from the Child Care Law Reporting Project warns (CCLRP).
The report examines ten “lengthy and complex” cases which “illustrate the difficulties in reconciling” the system of law with the child protection process.
While the legal systems requires “precision and detailed analysis of facts...social work relies on relationships as well as training, experience and judgement,” says the report.
Cases examined in this latest report, published on Tuesday, were before the courts for between four and 33 months.
Seven of the cases were outside Dublin and six of these were heard by ‘moveable’ judges who had to come from outside the district to hear them, such were their complexity. Eight involved allegations of sexual abuse, usually along with other child safety concerns. The inclusion of sexual abuse is hugely complicating, with allegations almost always contested.
The report found a “geographical lottery ... in obtaining timely and robust assessments for child sex abuse”. There are just 16 social workers properly trained to interview child victims of sex abuse.
The longest case examined - in Dublin - lasted almost three years and involved 52 days of hearings. It concerned care order applications for two young children whose two older siblings were in care following allegations of sexual abuse against a relative.
Tulsa social workers were concerned about "severe neglect, alcohol and substance abuse and domestic violence".
The parents tackled their substance abuse issues and Tulsa was attempting family reunification. “It was ten months before the older children were seen by a specialist unit, 18 months before one of them was interviewed by gardaí and 22 months before the second child was interviewed. The case was also marked by a succession of legal disputes about the admissibility of evidence obtained by gardaí.”
The full care order hearing for the younger children began in February 2016, involved 52 days of evidence and over 33 adjournments.
Tulsa withdrew the application, seeking to implement a new strategy, ‘Signs of Safety’ which focuses on families’ strengths and seeks to work with families to protect children.
However the foster parents went to the High Court in summer 2016 saying a safety plan had not been worked out for the children. The case was referred for a risk assessment.
In July 2017 Tulsa secured an adjournment to facilitate reunification.The case ended in October 2017 with the children going home under the ‘Signs of Safety’ programme. There is no final written ruling in the case.
“Throughout the case there appeared to be a lack of clarity...as to [TUSLA’S]objectives in this case.”
The alleged sexual abuse by the parents was neither investigated nor confirmed.
Project leader, Dr Carol Coulter, said there was no "magic bullet" to reduce time spent on complex child protection cases.
“The research indicates however that difficulties often start with the preparation of the case and continue with the manner in which it proceeds ...Government policy in relation to resourcing the judiciary and the courts, the priority given to services in other Government departments which bear on vulnerable children, along with legislation, policy and practice in child care and the courts will all play a major role.”
