Tusla must accept whistleblower's claims about unvetted care workers 

According to documents seen by the 'Irish Examiner', Tusla officials are also investigating claims about a lack of educational qualifications and data protection.

Tusla has been told to accept as a Protected Disclosure claims that the agency outsources care of extremely vulnerable children to a private company employing unvetted care workers.

Many of the children at the centre of the claims are considered to be at a high risk of abuse, exploitation or kidnap.

The order to the child and family agency was made by the Office of the Protected Disclosure Commissioner.

The Irish Examiner first reported in January that Tusla had concluded it could not treat the claims as a Protected Disclosure because the whistleblower involved was not a Tusla employee.

However, the 2014 whistleblowers act states that agency workers and external contractors can make Protected Disclosures.

In deciding it could not accept the claims as a Protected Disclosure, Tusla also referred the matter to the Office of the Protected Disclosure Commissioner.

On February 9, the watchdog informed Tusla the claims should be accepted under whistleblowers legislation. As a result, Tusla has now expanded its investigation into the claims and has additional responsibilities and obligations to the whistleblower.

In a February 23 Internal Investigations Unit (IIU) document seen by the Irish Examiner, Tusla’s Internal Investigations Unit has accepted the whistleblower commissioner’s direction.

As a result, it has concluded: “The IIU will therefore address any potential relevant wrongdoings that are within Tusla’s statutory remit and in accordance with our powers and function under Children First and the Child Care Act(s).

“Accordingly, the IIU recommends that the investigation and assessment currently underway by (Tusla) in respect of the concerns raised . . . continues to be progressed.” It added: “The IIU can determine what further steps, if any, should be taken once this assessment into the concerns raised is complete.” 

Tusla told the Irish Examiner it has no further comment to make.

Garda investigation

In addition to Tusla, the whistleblowers' claims are being investigated by gardaí and the Office of the Data Protection Commissioner.

It is a serious criminal offence for any employer to permit a new employee, unpaid worker or contractor to work or be in contact with children or vulnerable adults prior to receiving full garda vetting.

According to documents seen by the Irish Examiner, Tusla officials are also investigating claims about a lack of educational qualifications and data protection.

The claims were first made last November and it is understood gardaí now want to speak to other employees who worked or who still work for the private firm, which provides social workers for a variety of organisations around the country including in Cork, Dublin, Wicklow and Limerick.