Mattie McGrath: 40 Children Missing from Toosla State Care

Last week we learned from a reply to a parliamentary question put by Deputy Toveen that 40 children in Toosla took interstate care are currently missing. It is understood that 22 of those missing are separated children seeking international protection and unaccompanied minors. 29 February Deputy Toveen was in this House for the second time with Minister O'Garman, the case of a 14-year-old girl who was missing within an hour of being placed by Toosla in state care, only to be found a year later locked in a brothel. 40 children missing from state care and there is no outcry, just as there was no outcry or indeed government outrage in June 2023 in response to a report from University College Dublin School of Social Policy revealing that children taken interstate care by Toosla are going missing and are being targeted and sexually exploited by coordinated gangs of predatory men. A major contributing factor leading to children missing from care is the placement of vulnerable children in emergency accommodation and private residential settings that are not subject to inspections. Following a report in the Irish Times, one of those providers is now subject of a Garda investigation for allegedly falsifying Garda vetting documents and pre-employment screenings of staff. Last September, Minister O'Garman admitted that his department deleted three out of four reports pertaining to children taken into care by Toosla, which was sent to him in May 2023 by the now retired Judge Dermot Simms while he was still on the bench. Judge Simms told the Minister about this, and I quote him, I quote him, He made a bigTON staff eaten as a huge outcry and it is just not acceptable, it is just tooН how he was to say and Feed a regarding to complete any decisions and to flagrantly remain in contempt of High Court patterns. This week the final report for the Child Law Project has been reporting since 2013 when two of the cases in Family Courts It contains 70 reports about children taken by Toothley into state care before the courts. It is a horrific litany of detaining children in care not assigned a social worker, children sexually abused in foster care, children trafficked across the country for sex by pediatry males and the top judges have said are in despair of the lack of place of social workers. Responding to the report, the Ombudsman Dr Dian Maldon expressed his despair at the situation facing children taken into care by Toothley. In his statement he said, it is understood that judges now have continuously and repeatedly helped to hold Toothley to account for their failings in the statutory duty to children. It is not only judges that are worried. I have heard from social workers, social care workers and guardians and items about the real fears of the welfare of these children, Dr Maldon goes on to say, this year is the 15th anniversary of the Rhine report, which expressed the darkest abuse of children in their care. Yet this government is allowing this only agency with authority to publish a report on these cases to simply quietly dissolve without any alternative. And I think the department must renew that contract, or must put out the tender for a new organisation to monitor what is going on here, it is just totally unacceptable. The child law project headed by Dr Maria Corbett is the only insight that the public is getting into court cases involving children taken into care by Toothley, because of the in-camera rule. Thank you very much. Thank you Deputy McGrath for raising this very important issue. Children reported missing from care are recognised as being among the most vulnerable in society. It is always concerning where a child appears to be missing or has absconded from care, even for a short period of time. Thus has a statutory responsibility under the Child Care Act 1991 for children in care and the agency collects information regarding the number of children who go missing or abscond from placement. Missing children in care is an issue which covers both mainstream services for children in the care of Toothley and also separated children seeking international protection, that is SCSIP. The Department of Children receives fortunately reports from Toothley, SCSIP service, that includes most recent statistics on referrals to the service, number of admissions to care, type of placement and the numbers missing from care. The latest data received from Toothley and SCSIP service on children missing from care as of the 4th of July indicates a total of 33 children are missing from care, of which 22 are missing from care currently missing in care, of the total of 32 children in care currently missing, 9 were missing in 2023 and 24 were missing in 2024. Of the 22 SCSIP children currently missing, 21 have been missing for over two weeks, all of the 11 children currently missing from mainstream care have been missing for less than two weeks. The vast majority of young people in the SCSIP service report as missing are aged over 16 years. Some children, young people who go missing from care, communicate their intention to travel on to other countries to join family members and some indicate that it was never their intention to remain in Ireland and leave soon after they arrive in the country. Nonetheless, for those who do not subsequently make Toothley aware of their whereabouts, these young people are counted as missing, and Ongarde Sikana is notified accordingly. Toothley and Ongarde Sikana work together collaboratively on children missing in care cases through the Ongarde Sikana, Toothley joint working protocol on missing children. Most of the children and young people reported missing return to their placement after a brief period of time and remain in a safe and caring environment. It is important to note that where a child is absent from their residential care placement for more than 15 minutes, they may be reported as missing from care under the joint protocol. This could be for a range of reasons, such as missing their curfew or not returning to their placement at an agreed time. This joint protocol is being reviewed and updated by Toothley and Ongarde Sikana. Once Ongarde Sikana are notified that a child is deemed missing and once a child has been reported absent, the GRD have primary responsibility for investigating the child's whereabouts. While the GRD have primary responsibility for investigating once a child is reported missing, Toothley staff maintain regular contact with the GRD throughout the investigation and pass on all relevant information to assist in the safe return of the child. Toothley also prepares an absence management plan for each child in care. The plan is a tool to manage the risk in the event of a child go missing. The Garda National Missing Persons Unit has oversight over Garda investigation on the ongoing attempts to locate the child, including liaison with Interpol, if there is concern that the child has left the jurisdiction. Toothley's question, is it OK? No, you are out of time. I will get back in for two minutes. I will get back in for two minutes. With all due respect, the prepared statement for you is grossly understated the underperformance of Toothley in meeting its statutory obligation to protect the country's most vulnerable children in state care. Toothley's dysfunction is hiding in plain sight, as was pointed out to those present at the 13th of June in the Dáil Petitions Committee meeting, with the representatives of the Alliance of Berkmoders campaigning for justice, who are petitioning to have the legislation introduced to provide HICWA with statutory powers to sanction Toothley, whereas inspections find that the agency is non-compliant with regulatory standards. Last week, for example, Judge Conor Foshwell said 225 children taken into Toothley's state care in Dublin, South West Kildare, West Wicklow and Dublin South Central, with no social worker, was shocking, appalling and damning. There his words, not mine. Toothley's failure to inform the courts of this, as the agency was obliged to do, was a failure of management at local, regional and national level, and raised serious concerns about issues of governance and communication within the agency at all levels. As last, it is a welcome development to see members of the judiciary. At least, they are now raising their vices on a regular basis. However, we must not forget that there are some rotten apples in the barrel who are, along with Toothley, are sheltered from the public scrutiny in Cameroole. This, in Cameroole, is very, very discouraging and damaging to cases. In May, as I said, a former Secretary of Court judge Gerald O'Brien was jailed for four years for assaulting six spies and attempting to rape one another. Following this jailing, I was contacted by a mother who believes her children were unlawfully detained by Gaudi and handed over to Toothley and social workers, who were successful in getting court order to take them into state care. Following the next party hearing, the District Court was not informed of that. So, there is a parting litany, Minister. For you to come in here and just read out that bland statement is totally unacceptable. It is time that your Government took this organisation that is highly dysfunctional and took them under proper legal process and held them accountable to the families that are wrecking in many cases. Can I just respond, Deputy? In relation to 33 children missing, the whereabouts are unknown in relation to the Turtle Tree, but 10 of them have actually been in contact. So, 10 out of the 33 have been in contact, but the whereabouts are still not known. So, just to give it into perspective, the other issue basically is that there is close cooperation with Toothley and set up Operation Cosmon as part of all concerns of potential child sexual exploitation regarding a child who is in the care of Toothley are notified to a central point in regard to the National Protection Services Bureau. Operation Cosmon is currently being reviewed and updated. The Department shares a core group which includes the Department of Justice, International Protection Office, TSLA and the International Protection Accommodation Service and Child Care Performance and Social Work Unit in the Department. It is important that the Minister is continually working with colleagues in the relevant government departments and other state agencies to address and manage the risks to meet the needs of this cohort of children and young people. Ireland has been accommodating increasing numbers of those fleeing conflict in Ukraine and also protection applicants resulting in an unprecedented level of pressure on safe services including residential foster care, alternative care and social work services. The Department and TSLA work closely on the safeguarding framework for all children in care to ensure that it continues to be sufficiently robust to protect children from evolving risks. It is important to note this issue where young people are seeking international protection here and have come in from abroad and then reunite with their families afterwards. I think there are figures on that as well. Of the 33 that are reported missing, 10 are in communication with the services. I think that is important to note. The TSLA and the GARDEE work very closely together in relation to identifying the location of any child that goes missing. Thank you. Thank you. Thank you. Thank you.