State warned of risks over children in care
A retired District Court judge has written to a number of ministers and State institutions expressing his 鈥渦tmost concern for the immediate predicament and welfare of children who are in care鈥.
Judge Dermot Simms of the Dublin Metropolitan District wrote the letter in May, when he was still on the bench.
of 鈥渢he risk, or indeed likelihood鈥 that the State would face future claims 鈥渁rising out of its failure to comply adequately with its duty of care and statutory duty to many of these children鈥.
The judge drew attention to the placement of children in unsuitable special emergency residential placements, due to a lack of care placements.
He also sent a copy of the letter and accompanying documents to the , giving the organisation permission to publish the letter.
鈥楽ystemic failures鈥
In the letter, Judge Simms said that he had been told that the Child and Family Agency (CFA) Tusla was in an 鈥渦nprecedented crisis鈥.
He added that this was due to a lack of properly regulated, suitable placements for foster care, residential placements and special care, as well as a shortage of qualified staff at the agency.
In his letter, Judge Simms blamed the crisis on a range of systemic failures, not just in the CFA, but also in its interactions with other State agencies 鈥 including the HSE, CAMHS, the education system, the Irish Prison Service and an Garda S铆och谩na.
Alongside the letter, he also included copies of six reports 鈥 including examples the types of cases involving children that had featured in his court 鈥渙n a daily basis鈥.
鈥淚t is my earnest hope that immediate and co-ordinated action will be taken to address and remedy the crisis, which indeed may ultimately mitigate possible future claims against the State,鈥 the judge concluded.