Pre Budget Submission 2012
Pre Budget Submission 2012
October, 2011
The purpose of this submission is to outline the views of the membership of the Irish Foster Care Association in respect of choices that will be made in the context of Budget 2012. Given the very difficult current economic circumstances, the Government will face tough decisions in identifying the areas of public expenditure that must be cut to comply with the terms of the IMF/ECB/EU agreement. Fostering, however, is a unique service delivered by carers, who have entered into a legal contract with the State to care for children on behalf of the State. For that primary reason, we believe that fostering deserves to be recognised by Government to hold a special position and should be exempt from budgetary cuts.
The Irish Foster Care Association is the representative body of foster carers in Ireland. Its membership is broad based and includes foster carers who have contracts with HSE and private/independent fostering organisations. In addition, many social workers are members of IFCA. IFCA celebrates its thirtieth anniversary this year and has a proud tradition of representing foster carers in Ireland. The organisation has fought long and hard to improve conditions for foster carers and support services for children in foster care. Though, there is still a long way to go in terms of arriving at a uniform, fully functioning foster care system, we wish to protect the current system from future damage.
Heavy Dependence on Foster Care
Out of the 6,175 children placed in the care of the State, some 5,548 are placed with foster carers. With over 90 per cent of children in State care placed with foster carers, it is not an overestimation to assert that foster care is the backbone of the Irish care system. By international standards, the number of children placed in foster care in Ireland is very high. According to figures produced by the US Department of Health and Human Services in June 2011, 74 per cent of children in care in the US were placed in foster care, while statistics published by UK's Department of Education's indicate that 73 percent (2010) of children in English State care were placed in foster care.
Though there have been improvements in recent years with the recruitment of extra social workers, which have supported children in care and provided support to foster families through link workers, a huge level of responsibility still falls on the shoulders of foster carers. Successive HIQA reports have pointed to failures of statutory services in their duties to children in care and foster families. Just to quote one example; HIQA's Follow-up Inspection of the HSE Fostering Service in Dublin North West, published in July 2011, clearly illustrated that both children in foster care and foster carers were being let down by statutory agencies. The inspection found that 41 percent of foster families did not have a link social worker - a vital support to maintain successful placements - and 33 percent of foster care cases were unallocated to a social worker. 63 percent of relative foster carers did not have a link social worker. It is not an exaggeration to say that where the HSE fails to appoint a social worker or link worker, the foster carer often steps into the role of the social worker, guidance counselor and advocate. The foster carer assumes a quasi professional role by default and not by desire.
There is a growing concern that social workers who were being employed on a contract, agency or temporary basis are being made redundant. This trend has emerged in recent weeks. Though the primary focus is placed on the recruitment of 60 extra full time social workers this year, the net benefit is negligible if temporary and/or agency staff are made redundant. The total complement of social workers (inclusive of temporary, contract and agency staff) must be increased by 60 by year end if case loads are to be reduced, the percentage of children in care with an allocated social worker increased and the percentage of foster carers with an assigned link worker improved. These are not unrealistic demands or expectations. They are requirements laid down in regulations.
HIQA has consistently found that while there have been continued failures on the part of the HSE to provide services that are statutory requirements, the quality of care that is provided by foster carers is of a very high quality. This is a distinction that is often missed. For many years, foster carers have been the glue that has held the foster care system together in the absence of appropriate levels of support from statutory services. Foster carers did this because of huge personal commitment to the children who were placed in their care. This commitment was given at a time when the foster care allowance was low and a clumsy system of vouched expenses existed. Commitment and preparedness to foster was not in any way connected to the rate of the fostering allowance.
Foster carers are bound to maintain a strict set of confidentiality rules surrounding the placement of a child. This is only right and proper. As a result, however, the very great lengths that many foster carers go to in order to support a child placed in their care is not recognised. The publication in August of the Ombudsman for Children's report into the provision of supports and therapeutic services for a child with special needs in foster care illustrated just one example of the lengths that foster carers sometimes go in order to cater for the needs of children placed in their care. The Ombudsman's report provided a rare insight into the struggle and huge personal emotional and finacial expense that some foster carers experience in catering for a child in their care.
Additional Responsibilities
Increasingly, it is the case that foster carers are being asked to take on additional responsibilities in respect of children placed in their care. This is especially noticeable around the issue of access. Section 37 of the Child Care Act 1991 obliges the HSE, in foster care cases, to facilitate reasonable access to the child by his or her parents, by any person acting in loco parentis in respect of the child or by any person who has a bona fide interest in the child.
Under the terms of the National Standards for Foster Care (2003), contact and access between the child in foster care and their birth family must be promoted and facilitated. The Standards state: "Health boards provide practical support to family members and friends to facilitate contact, such as adequate assistance with transport arrangements and costs". The Standards also state: "Where possible, access takes place in the foster home. Health Boards provide suitable and appropriate access facilities for those visits to take place outside of the foster or family home".[1]
The Report of the Working Group on Foster Care (2001) also addressed the issue of access. Paragraph 3.23 states that "it should be the Child and Family Social Worker's responsibility to endeavour to maintain as much contact as is reasonably possible between the children and their own parents taking into account the child's safety".[2]
In summary, all of the above illustrates that the HSE has the primary duty to facilitate access to the parents and to other persons to whom the child is closely connected. And yet, there is a growing trend amongst social workers to demand that foster carers transport children to and from access. Though it is not advisable, it is the case that some children in foster care are placed with carers who reside a long distance from the child's birth family. Thus, long journeys are involved. Furthermore, the foster carer often has to make babysitting arrangements, sometimes at a financial cost, for their own children.
We are also aware of cases where the foster carers have been asked to provide supervision during access between children and their families. In addition to the time required to supervise the access, there is also the very real issue of potential conflicts. In cases where conflict or tension may exist between the foster carer and the birth parent, it is highly undesirable to place the foster carer in the position whereby they have to supervise access. And yet, there is strong evidence emanating from our membership that these requests/demands are increasing. It would appear that new foster carers, in particular, are being asked to take on these added responsibilities. When foster carers challenge such demands, they are told that the HSE's budget intended to support access has been slashed. Budgets for taxis and public transport in order to facilitate access have been abolished. Mileage expenses for social workers have been cut and as such they are sometimes reluctant to facilitate access themselves. Because of cutbacks in the HSE's budget, social workers are not permitted to take Time Off in Lieu and as a result do not arrange access over weekends. If access has to take place over the course of a weekend, the foster carer is expected to facilitate.
Whereas in the past, the HSE did not require that a foster carer would remain in the home on a full time basis to care for the child, it is increasingly the case that during the assessment process, social workers are demanding that one foster carer does not seek employment. Obviously, this limits the earning capacity of the family.
Foster Care Allowance
As part of the terms of the foster care contract entered into by foster carers and the HSE, an allowance is allocated to foster carers. The allowance is intended to cover cost of caring for the child. The allowance has never been regarded as a payment nor a benefit. The foster care allowance is unique in respect of the legal relationship that is entered in to between the State and the foster carer. The foster carer is assessed, trained and when approved by a foster care panel, a child can be placed in his or her care. The foster carer is delivering a hugely important service on behalf of the State. Even in cases where a child is placed with a relative foster carer, the foster carer is still providing care to a child legally in the care of the State.
The legal relationship that exists between the foster carer and the State requires the foster carer to adhere to a clear set of standards and regulations. According to Child Law expert, Geoffrey Shannon, "once the placement has been made, the foster parents have lawful custody of the child until such time as the placement is ended. In the meantime, Art 16 of the Regulations contains details of the duties, general and specific, that are placed upon the foster parents. Art 16 (1) of the Regulations places a general obligation on foster parents to take all reasonable steps to promote the child's health, development and welfare".[3] There is a huge level of accountability and scrutiny. The HSE must have access and the right to pose questions about all aspects of family life. This right to information extends to all family and friends who will have contact with the child in care.
The unique relationship between the State and foster carers was recognised in the last two budgets. A distinction was made between social welfare payments and the foster care allowance. Social welfare payments were reduced in the last two budgets. The foster care allowance was not reduced. According to Article 14 (1) of the Foster Care Regulations, the amount of allowance is to be set from time to time by the Minister.
The current rates of the allowance are:
Children under 12 | €325 (weekly) |
Children over 12 | €352 (weekly) |
It is sometimes asserted that the foster care allowance is "generous". Such assertions are usually based on the assumption that the costs associated with a birth child are the exact same as with a foster child. This is not the case. Taking the example of a baby or toddler that is placed with a foster care family, it is not uncommon for a social worker to bring a child to a foster carer with little more than the clothes that the child is actually wearing. The foster carer may have to buy the clothes, a travel system, a cot, baby bath, etc out of the foster care allowance. If such a placement is made on a short-term basis, the travel systems, cots, etc may not remain with foster carer but will move with the child to the new placement. Should another baby/toddler be placed with the same carer, the same costs must be borne. This expense is expected to be covered by the foster care allowance.
Under the Foster Care Regulations, all children in foster care are entitled to a medical card (General Medical Scheme). A wide range of social support services should be available under the GMS. It is often the case that children placed in foster care will experience great difficulties in accessing services. If and when a psychiatrist, psychologist, occupational therapist, speech and language therapist, orthodontist is identified, long waiting times may follow. Such have been the delays in accessing some services that many foster carers have taken it upon themselves to pay for the child as a private patient/client. The Foster Care Allowance scheme states that there are only two instances where discretionary payments may be considered:
- a) Educational fees (excluding expenses such as books, school uniforms, school trips etc.)
- b) Medical expenses not covered by the General Medical Card Scheme
The experience has been that when foster carers have chosen to pay for private access to a health professional the medical expenses are rarely recouped from the HSE. The cost must be subtracted from the foster care allowance.
Similarly, in the area of education, foster carers often pay for private tuition/grinds on behalf of the child placed in their care. Many children in foster care require additional educational supports, especially children who have experienced multiple foster care placements and have moved schools several times. The responsibility falls on the foster carer to access these supports and to pay for the cost.
Partnership
Given the huge personal commitment required to function as a foster carer, the foster care allowance is very much a secondary issue. In the past, Government's have asserted that the allowance "goes some way towards acknowledging the commitment and dedication of foster carers".[4] The greatest reward accruing to foster carers is the joy that is experienced from witnessing and contributing to a child's development. The foster care allowance is intended to simply cover the cost of caring for the child and for that reason the allowance has never been viewed as a payment.
Respect is a word often spoken of by foster carers. Foster carers wish to work in partnership with social workers to provide the best care possible for the child. Sometimes, it is felt that foster carers are not respected and are not viewed as partners in caring for the child. The Government has shown real commitment towards prioritising children and has rightly been applauded for establishing a full ministry for Children and Youth Affairs. In the eyes of foster carers, a reduction in the foster care allowance would send a very worrying signal to foster carers about the value and respect placed on the role that they play in the child care system.
Alternative Options
As mentioned above, over 90 per cent of children in the care of the State in Ireland reside with foster families. International research continually finds that foster care is the best form of care available to children (who are not eligible for adoption). The alternative to foster care is residential care, which is obviously a much more expensive option. According to information supplied by the HSE, there are currently 60 centres run by the HSE, which cater for 272 placements at a projected cost of €61.2 million per annum. This works out at an annual cost of €225,000 per child or €4,326 per week. IFCA estimates that approximately €101 million per year is spent by the HSE on the foster care allowance. The annual cost of a foster care allowance (child under 12) is €16,900 (€325 per week). Even when the social work salaries and other HSE costs are factored in to the equation, the cost of a HSE foster care placement is only a fraction of the cost of a residential place.
IFCA Funding
Though this submission is primarily concerned with the financial supports that are required to ensure a functioning foster care system, IFCA believes that our capacity to support foster carers has been affected by previous budgetary cuts. Like many other national representative bodies, IFCA has received substantial cuts to its operating budget. Up to the start of this month, the HSE's allocation to the organisation has decreased by 14.0 per cent since 2008. There is a growing demand for both our training and support services. The number of children in foster care is at an all time high and the complexities of the needs of the children who are entering the care system are increasing. Our organisation has had to respond and has adapted to the new financial environment by making best use of volunteers. A core service, however, must be maintained if IFCA is to maintain its core functions as a training and support service to foster carers across the country.
Conclusion
The Irish foster care system has been and continues to be the backbone of the Irish child care system. For many years, the service was under resourced and survived largely as a result of the commitment and dedication of foster care families. Foster care is provided within a family unit and quite correctly details of the placements are highly confidential. Foster carers do not seek plaudits or public acknowledgement. They respect the confidentiality provisions of their contracts with the HSE and most importantly they respect the right of the child placed in their care to live their lives without added attention or notoriety. Although foster carers wish to maintain privacy, they also wish to be respected. Most of all, they wish to see current levels of service protected. IFCA is very much aware of the economic realities that present every day. If extra resources are not to be invested in foster care services in Budget 2012, at a minimum foster care budgets should not be reduced.
[1] National Standards for Foster Care, p. 12, 2003, Stationary Office, Dublin
[2] Report of the Working Group on Foster Care, p. 39, 2001,
[3] Shannon, Geoffrey "Child Law" p. 152, 2005, Dublin
[4] Letter from Minister for Children to IFCA June 3rd, 1999