Where allegations of abuse of children at children’s residences or homes are related to staff, it is the practice to send people on leave pending the outcome of an investigation - but in one instance pending the outcome, an employee against whom abuse was alleged has been placed in a section that doesn’t deal with children.
Acting Senate Leader Paula Gopee-Scoon indicated this in the Senate yesterday, as she responded to questions from Independent Senator Paul Richards.
He’d asked, given the findings of the December 2021 report into allegations of abuse in children’s homes, whether people who may be involved in the abuse of children at these homes were sent on administrative leave pending the outcome of investigations; and whether care protocols at these homes have been audited to ensure the appropriate standard of care is being maintained.
Gopee-Scoon said where there are reports of abuse in children’s residences or homes, the children identified are provided with counselling by the staff within the welfare department at the home.
“Where there is no welfare department, the child is seen by a psychologist from the (Children’s) Authority or referred to an external provider,” Gopee-Scoon said.
“In instances where the allegations of abuse of children are related to staff, it is the practice to send persons on leave pending the outcome of the investigation. However, in one instance pending the outcome of the investigatory process, the employee against whom abuse was alleged relative to a child, has been placed in a section that does not deal with children.”
She also replied on when legislation to mandate the licensing requirements for children’s homes and residences will be fully proclaimed.
Gopee-Scoon explained that the package of children’s legislation, which included the Children’s Authority Act; Children’s Community Residences and Foster Care and Nurseries Act; Children Act and the Adoption of Children Act, was proclaimed in May 2015 to enable the operationalisation of a new child protection system to be managed by the Children’s Authority.
The Children’s Community Residences, Foster Care and Nurseries Act (hereinafter, the Act) established a regulatory framework for community residences, which is essentially a licensing and monitoring regime. Section 3(1), as amended, prohibits a person from operating a children’s home without a residence licence while section 3(2), as amended, provides that no child shall be cared for in a children’s home unless a residence licence has been issued in respect of that home.
Section 17 establishes an offence for operating a children’s home without a residence licence or for a breach of the conditions of the licence and sets out the penalties for the offence.
Gopee-Scoon added, “In order to be issued a residence licence by the Children’s Authority, children’s homes must meet the standards prescribed in the regulations. These standards were first prescribed in the Children’s Community Residences Regulations, 2014, which has been replaced by the much more comprehensive Children’s Community Residences (Children’s Homes) Regulations, 2018.
“The standards prescribed in the regulations address a range of issues related to, inter alia, the premises, the welfare of the children in the homes, safety and security, the keeping of records and a complaint system. Each standard is measured against benchmarks which must also be satisfied before a licence can be issued.”
Gopee-Scoon said, “At the time of proclamation of the package of children’s legislation in May 2015, the residential sector was unregulated. Many of the homes needed time and assistance in order to become fully compliant with the licensing requirements. To facilitate this and to avoid the displacement of a significant number of children, the sections have not been proclaimed.
“Nevertheless, the Children’s Authority has worked assiduously to enable many homes to achieve licensing status and to date, eighteen (18) homes have been licensed. However, it is important to note that since it commenced operations, the Children’s Authority has been carrying out its monitoring function and has been monitoring both licensed and unlicensed homes to ensure the well-being of the children resident in these homes.”
She said there are 13 private unlicenced homes and State homes St Mary’s, St Dominic’s and St Jude’s are also unlicensed. There are monthly monitoring mechanisms and more is done to ensure they can be brought up to the required standard.
