The High Court raised serious concerns in November 2018 about staffing shortages and a lack of onward placements for children in special care, directing that its judgment be sent to the Department for the Minister’s urgent attention.
The concerns arose in proceedings concerning a minor identified as A. B. The court said difficulties had arisen in securing an onward placement as the child moved out of special care, extending the period of detention. It directed the Child and Family Agency to review all cases involving minors detained under special care orders. The Agency broadened that review to include its procedures following legislative changes that took effect on 1 January 2018.
The resulting report, “Transitioning In and Out of Special Care”, was distributed to relevant parties. The judge focused on what she described as serious concerns arising from its findings.
The court was told that up to 14 mixed-gender places for children aged 11 to 17 were available across four special care units, with one unit offering up to two places due to close at the end of 2018. A newly opened, specially adapted facility had capacity for 12 children but was operating at less than half capacity. At most, five places were being used.
Evidence from the Agency attributed the shortfall to difficulty recruiting appropriately qualified staff amid financial constraints. The Agency had sought Departmental approval in August 2018 to make vacant posts more financially attractive and was awaiting a response. It had also proposed allowing recruitment from a wider range of disciplines, rather than requiring a social care degree.
The judge said staff were essential to supporting vulnerable children and called for the staffing issue to be addressed urgently. She also said suitable onward placements were essential for timely transitions, but there was a distinct shortage. The court had been advised that negotiations with private providers were ongoing, with a view to adding placements in 2019. The judge warned the situation would worsen before improving.
The judgment noted that this was the first of the court’s cases to be dealt with under the new statutory provisions. The child’s case had since been discharged from the High Court list and remained under District Court review. The court did not make a placement order in this judgment; its stated direction was to furnish a copy to the Department so the issues could be brought urgently to the Minister’s attention.