No legal right to aftercare for over-18s

IT’S looking increasingly unlikely that Minister for Children Barry Andrews will sanction legislation obliging the HSE to provide aftercare to children leaving care aged 18.

A Childcare Amendment Act is going through the Oireachtas at present and Focus Ireland has been campaigning for the amendment to include aftercare as a right and not a discretionary service.

In an answer to a parliamentary question from Noel Ahern TD, Mr Andrews said he is “currently giving consideration to the legal position with regard to the provision of aftercare services, having regard to the existing legislative provisions as set out in the Child Care Act 1991”.

Mr Andrews is asserting that the existing 1991 Child Care Act “creates a statutory power” in the area of aftercare and it is “in substance mandatory”.

He told the Dáil that at present aftercare can be delivered to a child who was formerly in care “should the need arise”.

“Section 45(4) of the Child Care Act allows me to write to the HSE and instruct it in this or in any other regard. I intend to do this and will in parallel continue to examine legislative options,” he said.

However, Focus Ireland, which met recently with the minister, says this isn’t good enough. “The state is really looking after children like a parent when they are in care, well they just can’t forget about them on their 18th birthday,” director of advocacy Mike Allen said.

“In meetings with us, the minister admitted that whether or not a child got aftercare was a form of ‘postcode lottery’.” It’s believed that aftercare services in Dublin are far superior to the rest of the country.

Focus Ireland runs two residential services in Dublin and an outreach service for others identified as having been through the care system.

They point to the Ryan Report Implementation Plan, which states that the provision of aftercare “should be an integral part of care delivery for children who have been in the care of the state”.