Conor Fottrell: Covid-19 saw new ways of working with age-old challenges

It's time to hail the efforts of those working with the most vulnerable and volatile children during the pandemic period, writes Conor Fottrell

Since the beginning of April Tusla has had to attend before the High Court almost twice a week with various urgent applications relating to vulnerable people. Picture: Pexels

The country has begun the process of re-opening from the restrictions imposed by the government 10 weeks ago.

The restrictive measures introduced at the end of March permitted only those deemed to be working in essential services to leave their home. Those included frontline social care workers with a statutory duty to protect our most vulnerable and high-risk young people in residential care and special care.

Together with members of An Garda Síochána, they have continued to work as normal throughout the health crisis to ensure these young people have received the necessary care and protection.

Two months ago I outlined in this newspaper how frontline care staff were putting their health and safety on the line when dealing with vulnerable young people. Now we can see how those care staff, working collaboratively with others, have adapted during the crisis.

Within the Irish care system there is a cohort of young people whose behaviour is such that they cannot be managed within the usual setting, including a placement in foster care or in a residential unit.

When all other efforts to accommodate a young person within the community have been exhausted and they are deemed to be at such a risk to themselves and others, a placement in a special care unit will be considered.

An application for such an order is made in the High Court. Over the last eight weeks the High Court has continued dealing with these cases.

Given the serious and urgent nature of the issues involved these cases are not dealt with by way of a remote hearing. The parties are required to attend in person before the High Court.

Since the beginning of April Tusla has had to attend before the High Court almost twice a week with various urgent applications relating to these young people.

The Courts Service has put in place a number of measures in the Four Courts including protective screens in front of the Judges and their registrars. There is limited capacity in each court with legal representatives required to adhere to strict physical distancing outside and inside the courtroom.

All of the paperwork is now submitted electronically beforehand to the court rather than the previous practice of hardcopy booklets being handed into Court.

Tusla, along with other social services, the Gardaí, and the courts system, deserve great credit for their work during the pandemic with troubled and marginalised children says Conor Fottrell

The Judges assigned to these cases in the minors list have continued to be available at short notice to deal with the list which has included sitting through lunchtime and late into the evening to deal with any urgent application during the health crisis.

It is not unusual when bringing an application before the Court for a special care order that the young person who is the subject of the application is missing or his/her whereabouts unknown. Gardaí have to step in and once an order has been made by the High Court to place a young person in special care a warrant can issue directing the Gardaí to search for and find the young person.

These young people can present as aggressive, volatile and sometimes under the influence of substances. The Gardaí are on the frontline of child protection in these scenarios.

They are required to find the young person and bring them into the custody of the Agency in the relevant special care unit. Each week since the lockdown began the assistance of An Garda Siochana has been required to search for and find a young person to be placed in special care.

The Gardaí can also be called on when a young person goes missing from a special care unit which can occur when a young person is on a visit out from the unit and absconds or if a young person has engaged in property damage or an assault on a staff member in the unit.

Prior to this Covid-19 crisis special care units were not operating at full capacity due to a number of challenges - including where staff can be faced with the threat of physical assault; property damage; and minors absconding on a regular basis. There exists a high turnover in staff, long-term sick leave and general difficulties in recruiting people to work in this environment.

During the course of the lockdown physical outings for young people from the special care units were significantly reduced. This placed even greater pressure on care staff to come up with new, creative ways to fill the young person’s daily schedule and develop their skill set. With the support of staff the young people participated at a very high level with online learning platforms provided by their on-site schools.

Initially their contact with family members consisted of WhatsApp calls and understandably young people had grown frustrated at this reduced form of contact. Care staff supported them through various social media platforms at the beginning of the health crisis but visits to meet family members in local parks and onsite in restricted controlled environments have now recommenced.

The Agency has worked collaboratively with court-appointed Guardians to ensure the special care process is followed. On occasions where important issues to be discussed were not possible via teleconferencing the attendance at the unit by Guardians to meet the young person has been required, while all the time adhering to strict social distancing policies.

This in turn has increased demands placed on already hard-pressed residential staff who were finding themselves taking on multiple new roles in addition to the primary task of caring for the young people on a daily basis.

Overall there have been huge challenges faced by those who are on the frontline caring for and protecting the most high-risk young people in the care of the state.

As we emerge to a new normal it is worth taking the time to reflect and acknowledge the huge efforts and commitment of care staff, Gardai, the Courts and other essential services over the last 10 weeks. While the restrictions may have lifted their work will continue in this challenging environment managing our most vulnerable and high-risk young people.

*Conor Fottrell is a partner with Mason Hayes &Curran, which acts on behalf of state agencies, including Tusla, dealing with vulnerable high-risk young children