Child protection laws - Legislative bureaucracy has to end

Considering the publicity afforded in recent years to Ireland’s appalling history of neglect and abuse of children, many people will undoubtedly be surprised to learn that various governments have failed to give statutory force to the guidelines drawn up 14 years ago to combat these depraved social evils.

Despite the humiliation of numerous reports on the neglect and maltreatment of children in everyday life, especially the shocking abuse in state-funded institutions run by religious communities, and the sexual exploitation of children by civilians and clergy, no statutory requirements are yet in existence for reporting concerns over abuse or neglect.

The figures in today’s front-page report graphically illustrate that child neglect and abuse remain embedded in Irish society. According to the latest official tally, more than 30,000 cases involving either welfare concerns or suspected abuse of children were referred to the HSE last year.

While a substantial number of those referrals were quickly resolved, more than 16,000 were sent for assessment to determine the risk of harm to the children involved. Each of those assessments was supposed to be completed within 21 days, but fewer than 20% met that target.

Although there is a statutory obligation on the HSE to ensure that only approved foster carers are used for children placed in foster care, 559 unapproved carers were used for children during 2012. Moreover, children were actually left with 343 unapproved relatives as foster carers for more than three months during the year.

The HSE also failed to ensure that a social worker was allocated to each of the 6,332 children in care. No specific social worker was designated to 350 of the children during 2012. While a care plan is a statutory requirement before a child is placed in care, more than 780 children had no such plan last year.

The various statistics expose a frightening level of child neglect and abuse. Some of this may be attributed to irresponsible parents, but a serious level of neglect must also be attributed to the civil servants and politicians who have neglected their responsibility.

Basic neglect is still the most common problem, but it is being rapidly overtaken by emotional, physical, or sexual abuse. Some children are victims of a combination of those. Ultimately society as a whole becomes a victim when those abused children develop into maladjusted adults.

Against this depressing backdrop of irresponsible political indifference, the Fine Gael-Labour coalition should, without further delay, produce the legislation aimed at underpinning the guidelines of Children First. As far back as 1999, this wide-ranging code of rules was drawn up to promote the protection of children from abuse and neglect. While it includes specific protocols for HSE social workers, gardaí, and other frontline staff dealing with suspected abuse and neglect, it is alarming to learn that vetting of personnel in voluntary organisations dealing with children is going at a very slow pace.

The policy objectives set out in the Children First strategy — a document which has been expanded without changing its fundamental principles — underline what organisations need to do to keep children safe. It also spells out what the different bodies and the general public should do if they are concerned about a child’s safety and welfare. Its scope goes beyond reporting to statutory bodies and underlines the importance of interagency co-operation and information sharing.

Apart from political promises and gestures — which include the Taoiseach’s justifiable and much lauded criticism of the culture of secrecy at the Vatican as bishops failed to address the issue of child sexual abuse by priests here — the approach politicians have adopted to child neglect or abuse remains unconvincing.

The Coalition has failed to give these issues the impetus they clearly warrant. In 2011, following a series of frightening reports on the scale of neglect and abuse, the Government committed itself to underpinning aspects of the Children First guidance on a statutory basis.

A year ago this month, the heads of a bill were published. They are being revised to reflect wider views. As yet, however, it is still unclear when the promised legislation will be ready. There should be no further delay in addressing these issues. Politicians must provide the lead in demonstrating that bureaucratic indifference will no longer be tolerated.

Meaningful and effective legislation must be enacted on a statutory basis to address the challenge of keeping children safe in Ireland. Otherwise their safety will continue to be consigned to the realm of empty aspirations. Children have a fundamental right to be safe from abuse and not be neglected.