Former District Court judge warns of likelihood of claims against State due to ‘systemic failures’ across Tusla, Garda, Department of Education, HSE and Prison Service
As well as difficulties recruiting and retaining social workers, he notes a lack of “properly regulated, suitable placements for foster care, residential placements and special [secure] care”.
Citing specific unnamed cases, he says one involved a six-year-old girl placed in what Tusla said in court was an “unsuitable” and “unapproved” emergency placement after four foster placements had broken down. In the HSE, including its disability and mental health services, there is “inadequate discharge planning at the end of involuntary detention from special care”, says judge Simms.
While there are policies and protocols to keep children safe, “the difficulty for a court is frequently how the care of a child or children... can be achieved where the crisis has undermined, undone and frustrated” them.
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