Thinking ahead: How Tusla responded to Covid and the cyberattack — and where it goes from here

CEO Bernard Gloster says the Child and Family Agency is on the right road in the wake of multiple challenges it has weathered

'On May 14, we literally were reduced to pen and paper, phone-only communication...' Bernard Gloster recalls now. The Tusla CEO was outlining to Noel Baker the torrid time the service has undergone, and the steps it is taking to face the future. Picture: Denis Minihane

One crisis is more than enough. Two — well, that’s pushing it.

Bernard Gloster, the CEO of Tusla, recalls the May cyberattack which paralysed the work of the child and family agency to such an extent that it was something akin to time travel, back to an analogue era.

"On May 14, we literally were reduced to pen and paper, phone-only communication, and serious worry because of the data we hold and the system our staff need to access to work every day," he says. "We didn't have 20 people on email. Just complete shutdown."

It was the most serious professional challenge Gloster has ever faced but, as with the crisis-before-that-crisis, the Covid-19 pandemic, Tusla appears to have emerged out the other side. There's no evidence as yet of data exfiltration, and work on overhauling Tusla's ICT system is now pushing on — even if "the impact of this will be felt for some time".

Tracking children's vulnerability during pandemic

In a way, it's similar to the challenge posed by the pandemic. Gloster, now two years in the top job, says: "We responded, I think, quite well. We set our priorities, we kept an awful lot of people safe, I think we learned to do things, [to] be a little bit more agile."

However, he believes they "are a little way off seeing the full impact of Covid on families and children" and that it could be this year's and next year's referrals which tell that complete story:  

Anecdotally, what the teams on the frontline are saying to me is that there is an intensity to the vulnerability that some children are experiencing and while that's to some degree small in number, that's important as it takes most of our energy and focus, and it seems to be a bit more so than usual. 

"Is there a correlation between that and Covid? It's probably too early to say but..."

These children could be both those already on Tusla's radar, their issues amplified by the impact of the pandemic, and other children who might be coming to the notice of the agency for the first time. He also refers to children who may have been accessing disability services through the HSE but who, with the difficulties and pressures on families, are now coming to Tusla's attention.

Reforms in the wake of troubling audits

It's more work for an agency that receives in excess of 60,000 referrals a year, although there is an air of confidence and less defensiveness about Tusla these days. This time last year, a series of audits had highlighted concerns regarding cases of suspected abuse that had not been referred to gardaí, as required — particularly in Kerry, where that figure was 13%. 

Gloster is now confident that, systemically at least, those issues have been resolved. Rates of compliance with standards have been rising, rates of non-compliance falling. However, audits and a series of critical reports by the health watchdog Hiqa have shown Tusla Cork to be in some difficulty.

"The recent report in Cork is a challenge not unlike a couple of reports in other areas of the country," he says. 

"That is why in all our change plans now we pursue consistency."

He believes that consistency can be driven by changes in governance within Tusla, already well underway, which will see six CFA regions, rather than four, with Cork/Kerry being one. As well as regional chief officers, Tusla will have a five-strong executive team in the centre, allowing for consistency, but also empowering local officials to tailor their approach to problems which arise in their areas.

It’s never simple, though. 

Tusla staff face threats and intimidation

Gloster revealed before an Oireachtas Committee last November that Tusla was increasingly alarmed at the level of threats and intimidation against its staff, including social workers. Figures released since then have shown the problem isn’t going away and the Irish Examiner recently reported on a case of minor assault being proven in which a social worker was targeted. 

He describes one case last year where "we would have supported a staff member to take very specific security measures in the home, and we would have taken certain legal steps to restrain certain activity because there was a very serious and credible threat made to one of our staff."

He also refers to civil proceedings, complaints to gardaí, and Tusla making contact with social media companies. 

We do contact social media providers, we do raise concerns with them and I think, on balance, they are responsive. For the individual involved, is it ever responsive enough or quick enough? Probably not, because it is a pretty horrid thing. 

That’s not to say, he argues, that this online or real-life hassle is a central reason for the ongoing challenge of social worker recruitment and retention. He says the vast majority of people who deal with Tusla — even at difficult moments — are respectful. Recruitment has improved. 

Recruitment and retention are improving

He says 110 of the 145 new social work graduates this year have already signed up with Tusla. Work is continuing on retention, with a particular focus on those leaving the job after two and five years. 

As he speaks about what’s coming down the line, rather than what’s already passed, Gloster seems positively enthusiastic. The aforementioned reform at the top level is one element of that, but so is the focus on extra funding for voluntary NGOs in local and community areas, something in the order of €14m. 

The deficit Tusla had last year, of some €25m, is now gone. Resources have been made available to create a small number of step-down beds for children in special care, another pressurised area — those responsible for the area "are quite confident they can do that within the next six to eight months," he says.

New abuse substantiation process  

The persistent issues over how, exactly, to deal with retrospective allegations of abuse and the need to inform the alleged perpetrator that an allegation has been made against them, has led to consultation with numerous groups and organisations, and an effort to tweak Tusla’s child abuse substantiation process (CASP), due to be rolled out next year. In late 2020, the Government-appointed special rapporteur on child protection, Prof Conor O’Mahony, appeared to offer real solutions to this issue; Gloster certainly thinks so: 

We have redone CASP. Will it be perfect? I suspect not. Will it be challenged? Yes. So should there be long-term strategic change legislatively? Absolutely. 

Other bits and pieces are coming together, such as proposals for changes to residential care provision and in foster care, enough for Gloster to appear somewhat content that things are moving in the right direction. Like everyone, maybe more than anyone, Tusla could do without a fresh crisis. Fingers crossed.