4,228 entries for Historical Context

In relation to the two other forms of residential care for children, homes approved by the Minister for Health under section 55 of the Health Act 1953 and voluntary homes which had not applied for approval, the Working party noted that ‘Information is not to hand however of the numbers of children in these institutions other than those placed by the health authorities not of numbers in voluntary homes which had not applied for approval. This makes it impossible on available data to state the present over-all position in relation to the numbers in residential care.’ They also noted that the numbers of children boarded-out had declined. This they suggested ‘may be due to increased utilization of adoption and a reduction, because of higher living standards and improved services, the numbers of families who are inadequate to the point where arrangements away from the family home have to be made for the children’. In relation to the question of improved services, the Working Party noted that ‘there are at present 50 social workers employed by the health boards together with 60 social workers employed by voluntary agencies providing services on behalf of health boards’ and that ‘The Minister for Health has stated his desire to have the numbers of professionally trained social workers engaged in community work substantially increased and to this end he has arranged with the two Dublin university colleges to provide 27 places this year on professional social work courses for sponsorship by health boards.’

Recommendation No 2 of the Kennedy Report urged that the institutional system of residential care should be abolished to be replaced by group homes. The Working Party highlighted that over half the homes were in the process of adopting a group structure, this was done in three ways with the aid of grants from the Department of Education: (1) by erecting new purpose built group homes; (2) by purchasing private houses for adaptation as group homes; (3) by converting existing buildings to the group home system. The Working Party noted that the ‘general tenor of the report appears to envisage the present system of large institutional buildings being replaced by self-contained units for 7 to 9 children each, these units to be conducted by houseparents and approximating as closely as possible the normal family unit. This would seem to entail a radical reorganization of the residential care system, as it appears to imply numbers of small, independent units.’

Recommendation No 3 drew attention to the inadequacy of the reformatory system, and in particular it said that St Conleth’s Reformatory, Daingean, should be closed and replaced by a more suitable building with trained childcare staff. The Working Party recorded that St Conleth’s closed in October 1973, and was been replaced by Scoil Ard Mhuire, in Lusk, County Dublin. The Industrial School at Letterfrack, treated in the Kennedy Report as a junior Reformatory, closed on 30th June 1974. The Working Party noted that: Some controversy has surrounded the question of the provision of custodial accommodation in the new special schools. The Kennedy Report recommended that the schools be open but that each should have a secure wing. The religious who conduct the schools do not feel it appropriate that they should administer closed units. Pending experience of the working of the schools and having regard to practical problems, special arrangements for closed custody have not been made. There appears to be a small minority of sociopathic offenders who cannot be contained in a special school and who require treatment in a closed psychiatric unit. Proposals are at present being examined in the Department of Health for such a unit at Dundrum. It is possible that the presence of this small but destructive group and the fact that suitable provision has not as yet been made for them is influencing attitudes in relation to some secure provision in the special schools. If adequate special arrangements were made for this sociopathic group, it would help clarify this latter issue and it is possible that this would indicate that secure provision at the special schools would be needed for persistent absconders.

Recommendation No 4 related to the replacement of the remand home and place of detention at Marlborough House, Glasnevin and the Working Party noted that Marlborough House closed on 1st August 1972218 and was replaced by the Finglas children’s centre, which opened in January 1972, although the remand unit did not open until August 1973.219 The Working Party acknowledged that the detention function of Marlborough House was ‘purely punitive and of no educational or rehabilitative value’ whereas the new Centre in Finglas provided special education of up to 12 months for those committed, in a addition to a designated assessment facility.220 Again, the Working Group remarked that: There is a special problem at present in relation to a small number of unruly boys (probably less than 12 in number) aged between 14 and 16 years. Their physical development makes it difficult to cater for them, in view of their conduct, in the remand unit and they cannot legally be taken in St. Patrick’s Institution unless they are 16. Under the present law, paradoxically, they may be committed to prison if they are at least 15 years of age and if a court certifies that they are unruly. In the case of those between 14 and 15 years of age, there is at present no provision.

Recommendation No 5 was to the effect that the staff engaged in childcare work should be fully trained. The Kennedy Committee said that this should take precedence over any other recommendations. In response to this recommendation, the Working Party noted that a full-time residential course in childcare, financed by the Department of Education, was established at the School of Social Education, Kilkenny in 1971 and to date 41 students had successfully qualified. The Department of Education also promoted the organisation of in-service training courses at St Patrick’s Training College, Drumcondra; St Vincent’s, Goldenbridge; the Waterford Regional College of Technology, and Saint Mary’s College, Cathal Brugha Street. The Working Group compared the numbers in child care training in 1969 and 1973 and while the number with full child-care training increased from 4 to 26, the numbers with no training also increased from 27 to 60.

Recommendation No 6 dealt with the question of educating children in care ‘to the ultimate of their capacities’. The Working Party reported that, with the exception of two schools, the children in the remaining Residential Homes attend primary and secondary schools, and the grants system has been revised so that children in care can be paid for by the State while they complete their education, up to third level as appropriate. It noted that ‘Grants on this basis are at present being paid in respect of 70 such children.’

Recommendation No 7 stated that after-care should form an integral part of the childcare system. In the case of the Residential Homes after-care is primarily the function of the Manager of the home, but the Working Party noted that the Kennedy Report did not consider this adequate. However, they also noted that the decline in the number of children in care has meant that it is easier for the homes themselves to keep contact with the children after they leave. Although the number of children in residential care was in decline, they argued that the children entering residential care tended, not, as in the past, to be illegitimate or orphaned, but were in residential care ‘because their families have been inadequate for the task of caring for them’. On that basis, they concluded that ‘until the expanding social work service of the regional health boards have developed beyond their present point of growth, it will not be possible to make fully satisfactory aftercare arrangements for those children including support for their families.’ In relation to the special schools, the Working Party noted: arrangements have been made for the provision of after-care in the form of supportive supervision through the Welfare Service of the Department of Justice. Three ‘half-way houses’ run by voluntary community groups and affiliated to the Welfare Service provide for approximately 30 boys aged 14 to 17 years and there are proposals for opening three further such houses. In addition, arrangements have been made for after-care by the Welfare Service of the Department of Justice to be extended to boys on their release from special schools.

Recommendation No 8 urged that administrative responsibility for all aspects of childcare be transferred to the Department of Health with responsibility for the education of children in care to remain with the Department of Education. The Working Party reported that: While this matter has formed the subject of some inter-departmental discussions, no decision has yet been taken in this matter. Legislation would be required to carry this recommendation into effect. Pending such action, this recommendation has promoted increased liaison between the different Departments concerned and regular meetings are held between officers of the Departments in question.

Recommendation No 9 dealt with the updating of all laws related to childcare into a proposed composite Children Act and Recommendation No 10 involved the raising of the age of criminal responsibility from 7 to 12 years. The Working Party recorded these recommendations had not yet been implemented.

Recommendation No 11 was to the effect that the Special Schools and Residential Homes should be paid on a budget system rather than by capitation grant. The Working Party reported that the new Special Schools at Finglas and Lusk were being paid in this way and arrangements were in train for this arrangement to be applied to the other Special Schools. However, they noted: No firm steps have yet been taken to put the recommendation into effect in the 26 residential homes. In the first place, while the homes continue to be the responsibility of the Department of Education there would be practical administrative problems entailed in the direct supervision by the Department of the detailed budgets of so many individual homes. Secondly, transfer to a budget system would require that prior agreement be reached at least on staff structures (numbers, grades, qualifications, remuneration). The matter is at present being approached from two directions. Firstly, the Association of Workers in Child Care (AWCC), representing the management of residential homes and special schools, has been asked to provide information in relation to actual costs of running homes. This will then be submitted to cost analysis with a view to considering the structure and financial implications of a possible budgetary basis of payment. The second approach is indirectly through the discussions on training referred to at the end of the notes on recommendation 5 above. Training requirements have consequences for career structures which in turn involve pay rates etc. Meanwhile, attention is being given to the maintenance as far as possible of the real value in money terms of the capitation grant. The rate of grant which had been doubled in 1969 was increased by 20 percent in 1972, by a further 10 percent in 1973 and approval is being sought for a further increase in 1974 which would bring the total increase since 1969 to 50 percent.

Recommendation No 12 was that an independent advisory body be established at the earliest opportunity to ensure that the highest standards of childcare are attained and maintained and the Working Party noted that ‘this had not yet been done pending the determination of the matter of administrative responsibility’.

Recommendation No 13 called attention to the need for continuous research in the field of childcare and the Working Party noted that ‘there is at present no research being done by Government Departments (as distinct from what may be in progress in University Departments)’.

In relation to other recommendations contained in the Report, the Working Party reported: Under the recent re-organisation of the Department of Health, a Welfare Division has been established which has responsibility for general welfare services including child care. There is a Children’s Inspector attached to this division and one of the aims stated by the Minister is to orientate the welfare services towards the family.

The Group also reviewed the existing legislative provisions relating the major recommendations of the report, and noted: The laws concerned are chiefly the Children Acts (1908, 1934, 1941, 1949 and 1957), the Health Act, 1953, and the Prevention of Cruelty to Children Act, 1904. The Criminal Justice Act, 1960 and the prisons Act, 1970, relate to St. Patrick’s Institution. The Courts of Justice Act, 1924, governs the court procedures and probation is provided for in the probation of Offenders Act, 1907. Other existing legislation which may be considered relevant is the Adoption Acts, 1952 and 1964, and the School Attendance Acts, 1926 and 1967 – in particular, in the case of the 1926 Act, the power of the district court to send a child to an industrial school. No statutory amendments have been made in regard to the legal recommendations on p.78 of the report.

The Working Party concluded their review by noting that the Kennedy Report, as its title suggested, was primarily concerned with the Reformatory and Industrial Schools system and did not contain a comprehensive overview of all aspects of childcare. On that basis, they recommended establishing a group, who would have access to civil service and outside experts, to consider and make recommendations in regard to: (1)the identification of children at risk and the requirements by way of preventive measures; (2)the assessment of children at risk; (3)the court system and the adequacy of methods of disposition (including boarding-out or fosterage and residential care); (4)standards of child care in regard to education, trained staff, specialist services, buildings and equipment, etc.; (5)provisions as to after-care, employment, etc.