Tusla plans to reduce the number of children it refers to special care as the child and family agency faces continuing criticism over its inability to provide places ordered by the High Court.
An internal strategy document says Tusla aims to have all 26 special-care beds operational by the end of 2028. However, its immediate target of opening 20 beds by the end of 2026 is considered at risk, with 13 beds currently available.
Tusla special care plans face renewed scrutiny
The document, dated September and released under Freedom of Information legislation, outlines a two-year plan focused on increasing capacity, stabilising staffing and improving the movement of young people into and out of special care.
It also says Tusla is working to ensure children are referred to special care only after other supports and placement options have been considered. That approach is intended to reduce pressure on a system with limited capacity, but it has raised concerns among legal sources about whether some children are being referred away from the High Court process.
Special care is intended for children considered to face an exceptional and immediate risk to their safety, including serious exploitation, involvement with organised crime or severe drug-related danger. Placement generally requires a High Court order.
High Court hears cases involving children at extreme risk
The issue came into sharp focus when the High Court ordered the detention of three children for whom no special-care beds were available.
One case involved a 14-year-old girl who, according to the court proceedings, had been given drugs and sexually exploited by several adult men. Judge John Jordan lifted the usual in-camera restrictions in that case and another involving the extreme sexual exploitation of a teenage girl.
The judge directed that details be sent to the Ministers for Children, Justice and Public Expenditure, describing the cases as a stark illustration of the consequences of failing to open the remaining special-care units.
A separate order concerned a 16-year-old boy regarded as being in extreme danger because of links to a drug gang. The cases are expected to be considered at a future special-care hearing, where the children may be added to the existing list of young people awaiting beds.
- There are currently 13 special-care beds open.
- Tusla’s long-term target is to have all 26 beds operating by the end of 2028.
- The immediate goal of 20 open beds by the end of 2026 is marked as at risk.
- Staff shortages are identified as the main barrier to increasing capacity.
Why the number of available beds matters
When a judge orders special care but no bed is available, Tusla must continue arranging protection in another setting. The internal document refers to a “no beds list” for children who have been ordered into special care but cannot be accommodated there.
The list already includes a boy involved in the sale and manufacture of crack cocaine who has expressed suicidal thoughts, according to the court reporting. The cases underline the gap between judicial decisions about immediate protection and the practical capacity available within the State’s child-protection system.
In July, High Court Judge Emily Egan found Tusla in contempt over its failure to provide places for children who had been ordered into special care. The latest court proceedings show that the problem remains unresolved.
Staff shortages remain the central obstacle
Tusla’s strategy identifies workforce shortages as the main reason additional beds cannot be opened. Of 30 planned actions, eight are described as being at risk of delay or failure.
Those actions include:
- Opening enough beds to reach the short-term target of 20.
- Opening a fourth special-care unit in Cork.
- Reducing staff absenteeism to below 20 per cent by the end of the year.
- Building a more sustainable workforce across the existing units.
The plan sets out five broad objectives: increasing bed capacity, improving workforce sustainability, strengthening admission and discharge processes, improving outcomes for young people and creating better oversight of the wider system.
Tusla response and current arrangements
Tusla said it regretted being unable to meet its statutory obligations to provide timely access to special care for some children and acknowledged the impact on those young people.
The agency said children waiting for a special-care placement remain in residential or emergency accommodation. It said each child has an allocated key worker, an active care plan and care coordinated around the clock.
Where exploitation is suspected, Tusla said it works intensively with An Garda Síochána to protect the young person. That response can involve coordination between social workers, residential-care staff, Gardaí, health services and the courts.
What happens next?
Tusla’s immediate challenge is to turn its staffing and capacity plans into functioning beds. The agency is also expected to face further scrutiny from the High Court as cases involving children at acute risk continue to come before judges.
The Taoiseach said he had not been briefed on the specific details of the 14-year-old girl’s case but described it as very serious. He said he would discuss the matter with the Ministers for Justice, Children and Public Expenditure.
The outcome will matter beyond the individual cases. It will determine whether children assessed as needing the highest level of protection can access it promptly, and whether the State can meet the legal duties imposed by the courts.
Frequently asked questions
What is special care?
Special care is a secure form of residential protection for children facing an exceptional and immediate risk of serious harm. A High Court order is generally required for a placement.
How many special-care beds are available?
The internal Tusla document says 13 of the planned 26 beds are currently open.
Why are children waiting for places?
Tusla identifies staff shortages as the primary barrier to opening additional beds. Recruitment, absenteeism and workforce sustainability are central parts of its strategy.
Where are children placed while they wait?
Tusla says children awaiting a special-care placement remain in residential or emergency accommodation with an allocated key worker, an active care plan and 24-hour coordination.
Conclusion
This Breaking News development highlights a serious pressure point in Ireland’s child-protection system. Tusla’s plan to reduce special-care referrals may ease demand, but it does not resolve the urgent shortage of places for children whom the High Court considers to be in extreme danger. The key test will be whether staffing improvements and new units deliver the capacity promised, while ensuring that vulnerable children are not left without the protection the law requires.