Group suggests Tusla use tracking devices on phones of children at risk of trafficking

In its submission, the Children's Rights Alliance suggested 'restricting a child’s access to communications for example, by not permitting the child to have open internet access on their mobile phone or device but instead only allowing phone and internet access in a shared monitored space.'

The use of a tracking device should be considered in exceptional circumstances on phones used by children in care who are at risk of being trafficked or exploited, according to the Children’s Rights Alliance.

The measure is included by the alliance in a submission on approaches that could be considered to ensure such children’s safety.

The submission, to the Department of Children’s consultation process on the National Policy Framework on Alternative Care, also backs a call made last year by the Ombudsman for Children, Niall Muldoon, for the introduction of a statutory child death review mechanism so that the “deaths of children are reviewed with a view to informing preventive strategies”.

It comes as separate murder probes are underway following the disappearance of Kyran Durnin and the death of Daniel Aruebose.

Concerns have also been raised by the alliance in the submission that its members have seen that "in some instances children are remaining at home in unsatisfactory circumstances that in the past would have led to a child being taken into care”. 

The submission adds: “In some of these cases our members believe the lack of action by Tusla is linked to the shortage of available care placements."

The consultation process is underway currently into the national policy framework on alternative care for children and young people in the care system, which is included in the current Programme for Government.

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Its short-term goal is to address the current shortage of care places.

In its submission, the Children's Rights Alliance said: “In exceptional circumstances, it be may be deemed desirable to place restrictions on a child or young person in care as a means to secure their safety and address a risk of exploitation or trafficking. 

Measures may include:

• restricting a child’s movement, for example by locking doors to prevent a child from absconding.
• restricting a child’s access to communications for example, by not permitting the child to have open internet access on their mobile phone or device but instead only allowing phone and internet access in a shared monitored space.
• restricting a child’s privacy by monitoring their movements through placing a tracking device on the child’s phone.

It continued: “At present there is no statutory framework for placing such restrictions on a child. However, restrictive measures have been made by the courts, including where a child is a Ward of Court. There are no statutory safeguards governing such restrictions.” 

It added: “There is a need to examine putting in place a legal and policy framework to enable Tusla, with judicial oversight, to place restrictions on certain children and young people if deemed necessary to protect the child from imminent harm.”