Staff in special care facilities at risk of assault due to Covid-19 restrictions

A senior lawyer, whose firm acts on behalf of Tusla, has warned that Covid restrictions could potentially lead to assaults on staff in special care facilities

A senior lawyer whose firm acts on behalf of Tusla has warned that restrictions imposed because of the coronavirus outbreak could potentially lead to assaults on staff in special care facilities.

Conor Fottrell is a partner with Mason Hayes and Curran, which acts for the Child and Family Agency and other state bodies who work with vulnerable, high-risk young children.

In an article written for the Law Society Gazette, Mr Fottrell notes that while much court business has been compromised by the current restrictions in place to limit the spread of Covid-19, cases on the minor’’s list are still being dealt with in the High Court.

Those cases include those of children placed in a special care facility by order of the court.

According to Mr Fottrell: "Given the restriction on a young person’s liberty placed in special care, the need to keep these cases under review and continue with the minor’’s list during this health crisis is necessary and critical.

Given the restriction on a young person’s liberty placed in special care, the need to keep these cases under review and continue with the minors list during this health crisis is necessary and critical.

"While the job of residential care staff working in both special care units and community residential placements is a difficult one at the best of times, the current health crisis has only increased the challenges they face on a daily basis."

He said young people in special care are now faced with a reduction in mobility out of the unit, and restrictions on their contact with family and their court-appointed guardians.

"This will, undoubtedly, lead to a heightened sense of frustration and anger, which the staff working in these units now have to manage, on top of everything else.

"Inevitably, there will be serious incidents of property damage and potential assaults on staff."

In a tweet the chief executive of Tusla, Bernard Gloster, said: "Covid-19 additional supports for young people due to leave care or exit formal aftercare during public health crisis.

"Existing care and financial supports will remain in place and extended to June 30."

#COVID19 additional supports for young people due to leave care or exit formal aftercare during public health crisis. Existing care and financial supports will remain in place & extended to June 30th. pic.twitter.com/Pq9tC9qXY7

— Bernard Gloster (@BernardGloster) April 7, 2020

That includes those leaving special care.

The announcement was warmly welcomed by professionals who work with children in care and a Tusla spokesperson said every effort was being made to adhere to public health advice and facilitate young people and their families.

"Due to the unfolding nature of this crisis we may update this guidance further and all such steps will be in accordance with the principal decisions of NPHET and the HSE," the spokesperson said.

"We recognise the importance of family contact and access for children in care and their families and we equally recognise the need to balance this with public health concerns.

They said every case is considered on an individual basis and every effort is made to support all concerned in any decisions taken.

"The prolonged nature of the public health issues arising from Covid-19 present many challenges and this is one of them. It is correct that a significant amount of access is not taking place in the normal fashion and we have used many means to support children and families to stay in touch including phone contact etc."

EPIC (Empowering People In Care) has launched a new advocacy support phone service that will operate Tuesdays and Thursdays from 2pm to 4pm in response to the current crisis.

The latest restrictions in operation since Friday, March 27 mandate that everyone should stay at home, only leaving to:

• Shop for essential food and household goods;
• Attend medical appointments, collect medicine or other health products;
• Care for children, older people or other vulnerable people - this excludes social family visits;
• Exercise outdoors - within 2kms of your home and only with members of your own household, keeping 2 metres distance between you and other people
• Travel to work if you provide an essential service - be sure to practice social distancing