Child Law Project: Judge questioned Tusla's restrictions on children's access to phones

The judge questioned during a childcare case whether Tusla applied any restrictions to mobile phones and 'whether it assessed when a phone was appropriate for a child'.

A judge in a childcare case raised concerns about children’s access to mobile phones, saying: “We talk about stranger danger, yet we allow anyone to talk to a child in their bedroom". 

The case was included in more than 100 reports on child care proceedings across the country which were published on Monday by the Child Law Project.

The judge, who was based in a rural town, questioned during a case whether Tusla applied any restrictions to mobile phones and “whether it assessed when a phone was appropriate for a child”.

While acknowledging that some phone use is necessary, he described some mobile phone use as dangerous. He said that “too many children missed school because of mobile phone use”, according to the report.

It also quoted the judge as saying: “We talk about stranger danger, yet we allow anyone to talk to a child in their bedroom.” 

The report added: “He referred to a recent criminal case in which an accused had described snapchat as ‘heaven for a paedophile’. The judge also said parents needed to examine their own addiction to phones.” 

During the case, Tusla’s lawyer told the court that the matter of mobile phone use had been “raised at senior management level within the CFA (Child and Family Agency).” 

In another case in the volume of reports, a guardian ad litem (GAL) for a boy who was a repeat absconder from care told the court of going to meet the boy in his care setting but he had been up all night on his phone and did not want to get out of bed.

The report on the case said: “The GAL expressed concern about the child’s pattern of unrestricted access to his phone, describing it as a ‘serious problem’.” 

The report added: “Under cross-examination by the solicitor for the parents, the GAL agreed that the child’s unrestricted access to the internet should be limited, but stated that there were practical difficulties in achieving this.”

While the case was in court, the boy had again absconded. His social worker told the court that he had attempted to go to where he believed the boy was but was “advised by members of An Garda Síochána not to do so, as it was not safe due to significant criminal activity in the area”.

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The report added: “The social worker stated that care staff were attempting to establish a routine, including turning off the Wi-Fi and encouraging him to get out of bed and follow a dietary routine.

"The child had been looking for food at two or three o’clock in the morning, and matters were not progressing well.” 

Meanwhile, a different case related to a teenager who had been sent to a residential placement in the UK which cost in the region of €1 million a year.

The 16-year-old, who had body dysmorphia and recently underwent neurosurgery, was doing well, according to a social worker. A High Court special care order had been obtained and validated in the Scottish courts, the court was told.

EPIC's pre-budget submission

Responding to the release of the reports, Wayne Stanley, chief executive of EPIC (Empowering People in Care), said the reports “should sharpen focus on the fact that children with complex needs, who are among the most vulnerable in society, are being left without the care and stability they need due to the lack of appropriate care placements".

He continued: “In EPIC, we often see cases where earlier intervention could have prevented situations from escalating. Flexible, appropriate supports should be in place as soon as children and families need them. The only way to achieve this is to invest in special care and therapeutic and trauma-informed interventions.

"Children should not be left waiting for an appropriate placement or reliant on emergency arrangements because the State has not invested in the specialist supports they need."

EPIC launched its pre-budget submission on Monday, which is calling for Government investment across disability, accommodation, mental health and therapeutic services, and independent advocacy, to ensure children in care and care-leavers can access the supports they need.

The document said: “Many cases demonstrated the need for better planning and investment in suitable accommodation for young people when they turn 18, and the need for increased investment and planning for suitable placements and access to services for young people in care with a disability when they turn 18. 

"EPIC is particularly concerned that current systems do not adequately recognise the complexity of the transition from care to adulthood.”