Written answer
Child Safety
Private and State residential care placements are governed by the Child Care Act, national standards, regulations, tender requirements and monitoring, with no stated exemptions for commercial providers. Tusla inspects non-statutory centres, while HIQA oversees statutory and disability services; a new inspection team and an alternative-care policy framework are being developed.
1051. Deputy Claire Kerrane asked the Minister for Children, Disability and Equality the statutory, regulatory and inspection frameworks governing privately operated or externally contracted residential care settings, including section 38 and section 39 commissioned placements; whether any regulatory, transparency or reporting exemptions apply to commercial providers compared with State-operated services; and the specific legislative safeguards to ensure that profit motives do not compromise child safety, staffing ratios or governance standards in commissioned care settings. [65256/26]
Comment on this
The Child Care Act 1991 is the statutory framework for child welfare and protection in Ireland. The legislation places a statutory duty on Tusla to promote the welfare of children who are not receiving adequate care and protection. It sets the legislative provisions in relation to taking children into care, and the responsibilities of the State in that regard, which aim to improve outcomes for looked after children.
The placement of children in Residential Care is governed by the National Standards for Children’s Residential Centres 2018, and underpinned by the Child Care (Placement in Residential Care) Regulation 1995, and the Child Care (Standards in Children’s Residential Centres) 1996. The placement of children in Special Care is governed by the National Standards for Special Care Units 2014, as well as the Health Act 2007 (Care and Welfare of Children in Special Care Units) Regulations 2017, Health Act 2007 (Care and Welfare of Children in Special Care Units) (Amendment) Regulations 2018, and the Health Act 2007 (Registration of Designated Centres) (Special Care Units) Regulations 2017.
Tusla has also advised that private residential providers can only be awarded a contract following a successful application via the tender process, which outlines in detail the minimum requirements and standards that must be met and sets the funding level applicable for the service type.
The foregoing sets out the safeguards are in place with regard to all placements of children in residential care. Tusla in discharging its statutory responsibilities under the Child Care Acts must have the best interests of the child as its paramount consideration. It actively monitors every placement of every child in care to ensure its appropriateness to the needs of that child, and any concerns or breaches of standards or regulations are addressed in this context.
The Health Information and Quality Authority (HIQA) is the independent Authority established to drive continuous improvement in Ireland's health and personal social care services, monitor the safety and quality of these services and promote person-centred care for the benefit of the public.
HIQA carries out announced and unannounced inspections of statutory Children’s Residential Centres and Special Care units. HIQA carry out these inspections against the identified Regulations and Standards. Pursuant to Part VIII of the Child Care Act, 1991, Tusla are currently responsible for inspecting non-statutory centres for children that are operated by private and community organisations.
HIQA's disability inspection team is legally responsible for the monitoring, inspection, and registration of designated centres for adults and children with a disability. In centres where the quality of support is insufficient or inadequate, inspection and monitoring of centres by inspectors ensures that providers are required to take action to rectify issues in relation to the safety and quality of life for people with disabilities by means of a regulatory programme.
HIQA’s mandate extends across a specific range of public, private and voluntary sector services. It is important to note that all providers of designated centres, whether they are a public or private provider, or a voluntary body must meet the requirements of the Health Act 2007 (as amended).
HIQA advises that given the increasing number of residential centres for children with disabilities, in March 2026, the Chief Inspector established a new inspection team that focuses on these residential centres for children with disabilities (designated centres). The Chief Inspector developed an appropriate, enhanced assessment-judgment framework which is used to support inspectors in gathering evidence in these types of services. This is published on the HIQA website and available to providers should they wish to use it in monitoring their own centres.
Where HIQA identifies serious safeguarding concerns in disability services, the Chief Inspector may escalate these concerns to the HSE safeguarding teams and where children are involved, to Tusla, to ensure appropriate assessment, investigation and protective actions are taken.
Both Tusla, the Child and Family Agency, and this Department remain committed to promoting safe and high quality practice in all areas of Alternative Care. Officials within the Department are currently developing a National Policy Framework for Alternative Care. As part of this process, the monitoring and inspection processes in respect of private and voluntary providers is being considered. The Framework is due for publication later this year.