Publication of “A study of Tusla - Child and Family Agency’s actions and decision-making process following An Garda Síochána’s application of Section 12 of the Child Care Act 1991”

Minister O’Gorman welcomes the recent publication, by Tusla, of research undertaken by NUIG. The research looks at the actions undertaken by Tusla social workers when An Garda Siochana (AGS) transfer custody of a child to their care, following the AGS removing the child under Section 12 of the Child Care Act 1991. This section empowers Gardaí to remove a child to a place of safety without a court order.

The former Minister for Children and Youth Affairs requested Tusla to undertake the research following the publication by Dr Geoffrey Shannon’s audit of the exercise of Child Care Act Section 12 powers by AGS.

The NUIG researchers analysed a total of 452 cases recorded in Tusla’s Section 12 database for the period July 1st 2016 to June 30th 2017. Most of the children were aged 15 to 17 years and there were slightly more boys than girls. The report recommends standardised processes of communication for Tusla and AGS, relating to all areas of joint working – in particular before and after S12 is invoked.

The most commonly reported reasons for invoking a Section 12 were:

• Severe parenting Difficulties (103)
• Parental Alcohol/Drug Abuse (88)
• Child Behaviour Difficulties (72).

The report makes a range of recommendations for Tusla, including:

• Working more closely with parents to reduce the risk of a repeat S12
• Investing in Prevention, Partnership and Family Support (PPFS) services to stabilise families.
• Developing emergency responses to complex cases, such as children with additional needs including disability, and teenagers who have behavioural challenges or who misuse substances.

The report also underscores the need for greater interface with mental health and youth justice for children whose behaviour poses a risk to themselves

As the data for the report was collected in 2016/2017 many of the findings of the report, and subsequent recommendations, have been addressed through ongoing service development and improvement in Tusla.

The findings of the report will be considered as part of the Department’s ongoing review of the Child Care Act 1991.