Judge says vulnerable children at ‘real risk’ of death if Tusla beds are not opened

CHILDREN are at a “real risk” of dying as they wait for beds to be resourced at understaffed Tusla special care units in Limerick...

CHILDREN are at a “real risk” of dying as they wait for beds to be resourced at understaffed Tusla special care units in Limerick and Dublin, a judge said.

Tusla, which is tasked with providing specialist care for children experiencing severe trauma and complex behavioural issues, admitted it is unable to meet its statutory obligation to provide placements for children even after a High Court Order has been granted.

A High Court ruling by Ms Justice Emily Egan that Tusla was in contempt of court for failing to secure special care beds for vulnerable children highlighted serious staffing and resourcing issues at the agency.

Only 15 out of 26 beds at three special care units, including at Coovagh House in Limerick, were in operation, it was heard during proceedings brought on behalf of three children who had been granted special care orders early this year and late last year.

Two of the three children were waiting three months to access a bed; the third child waited two months for a bed.

Tusla said it regretted the situation and apologised unreservedly.

Tusla’s chief executive, Kate Duggan, admitted in court that recruitment and retention of staff at the agency’s three special care units for young persons aged under 18 is “problematic”.

Ms Justice Egan told the court that 177 staff were recruited and 159 staff left between January 2021 and February 2025.

“In short, staff are leaving almost as quickly as they are recruited,” said the judge.

In her ruling, Ms Justice Egan said that “except for a brief period in 2022” when the highest level ever, of 18 bed placements out of 26 beds, was reached, “the special care service has never fully operated at full capacity”.

“Violence, harassment, and aggression” continue to fuel Tusla’s 18.9 per cent staff absenteeism rates at its three special care units.

“In 2024, days lost due to violence, harassment, and aggression amounted to 261 in Ballydowd (Dublin); 637 in Coovagh House (Limerick); and 336 in Crannog Nua (Dublin),” said the judge.

While the judge said Tusla attributed staffing issues to the challenging nature of the work environment, “the agency’s witnesses all agreed that there is a real risk that a child in need of special care could die while awaiting placement, and that if existing beds were fully operational all such children could be accommodated”.

In her ruling, Ms Justice Egan added: “They (Tusla) also accepted that, despite the initiatives underway, significant improvements in staffing levels are unlikely for several years.”

Commenting on the judgment, Tusla said in a statement: “We acknowledge and note the judgement received from the High Court on the 31 st of July regarding our non-compliance with Special Care Orders and the consequent serious finding of contempt against the Agency.

“We sincerely regret that we have been unable to meet our statutory obligation to immediately provide a Special Care placement for a young person when a High Court Order has been granted. We know the impact this can have on those young people affected and apologise unreservedly for this.

“We have been open and honest in communicating our severe staffing challenges in Special Care, and the impact this has on bed capacity. We have been making every effort to increase the overall number of Special Care beds, while maintaining a high-quality service for young people in Special Care.

To support increased capacity and enhanced service provision, Budget 2026 allocated €26 million to Special Care, an increase of more than €6 million on the previous year.

“This includes funding for new Special Care staff, staff wellbeing initiatives, additional therapeutic support. It includes €1.3m to provide an enhanced multi-disciplinary therapeutic service to children on the edge of Special Care, in Special Care, and transitioning from a Special Care environment,” the statement said.

“We have also, with the support of DCDE and DPER introduced a new Tusla ‘Special Care Worker’ grade, which offers an improved salary scale (approximately 20.3% higher pay at top of scale compared to the Social Care Worker grade used across services more broadly).

“We continue to review staffing ratios, introduce additional supervisory posts, and to prioritise staffing for Special Care through targeted national and international recruitment campaigns. We have also established an internal Training School to enhance the onboarding and development of new staff within our residential and Special Care services.