Last week, we learned from a reply to a parliamentary question put by Deputy Tóibín that 40 children who were taken into State care by Tusla are currently missing. It is understood that 22 of those missing are separated children seeking international protection and unaccompanied minors. On 29 February, Deputy Tóibín raised in this House for the second time with the Minister, Deputy O'Gorman, the case of a 14-year-old girl who went missing within an hour of being placed by Tusla in State care, only to be found a year later locked in a brothel.
There are 40 children missing from State care and there is no outcry, just as there was no outcry or, indeed, Government outrage in June 2023 in response to a report from University College Dublin's school of social policy which revealed that children taken into State care by Tusla are going missing and are being targeted and sexually exploited by co-ordinated gangs of predatory men. A major contributing factor leading to children missing from care is the placement of vulnerable children in emergency accommodation and private residential settings that are not subject to inspections. Following a report in The Irish Times, one of those providers is now subject to a Garda investigation for allegedly falsifying Garda vetting documents and pre-employment screenings of staff.
Last September, the Minister, Deputy O'Gorman, admitted that his Department deleted three out of four reports pertaining to children taken into care by Tusla which were sent to him in May 2023 by a now retired judge, Dermot Simms, while he was still on the Bench. Judge Simms told the Minister about this and he expressed his "utmost concern for the immediate predicament and welfare of children who are in the care of the State”. Tusla's failure to comply with several High Court orders to provide specialist residential care for at-risk children is now bringing the country's judicial system into disrepute. In February, Tusla lost its Supreme Court appeals against three court orders in the same week. If I or any other citizen had done this, we would be in contempt of court and there would be a huge outcry. It is just not acceptable. It beggars belief. It is hard to fathom how Tusla is allowed to operate in breach of statutory obligations and flagrantly remain in contempt of High Court orders.
The final report from the Child Law Project, which has been reporting since 2013 on Tusla cases in family courts, was published this week. It contains 70 reports about children taken by Tusla into State care before the courts. It is a horrific litany that details children in care not being assigned a social worker; children being sexually abused in foster care; and children being trafficked across the country for sex by predatory males. Indeed, top judges have said they are in despair at the lack of placements by social workers. Responding to the report, the Ombudsman for Children, Dr. Niall Muldoon, expressed his despair at the situation facing children taken into care by Tusla. According to his statement:
It is unheard of that judges now have to continuously and repeatedly hold Tusla to account for their failings in their statutory duty to children. It is not only judges that are worried. I have heard from social workers, social care workers and guardian ad litems (GAL) about their real fear for the welfare of these children.
Dr. Muldoon went on to say that 2024 was "the 15th Anniversary of the Ryan report", which we all remember. He said that the Ryan report "exposed the darkest abuse of children in care, and yet this Government is allowing the only agency with authority to publicly report on these cases, to simply quietly dissolve, without any alternative in place". The Department must renew that contract or put out a tender for a new organisation to monitor what is going on here. It is totally unacceptable. The Child Law Project headed by Dr. Maria Corbett is the only insight the public is getting into court cases involving children taken into care by Tusla-----