9th October 2024
MEDIA ADVISORY
Irish Penal Reform Trust (IPRT) welcomes the publication of Health Information and Quality Authority’s (HIQA) most recent inspection report on Oberstown Children’s Detention Campus published today (9 October 2024).
Inspectors completed their inspection between 11 and 13 June 2024 when 38 young people were in custody in Oberstown. IPRT welcomes that this was nine months after the previous inspection given some of the concerns previously raised and failing half of the six areas inspected, in particular around non-compliance with child protection training and reporting procedures as well as the overuse of restrictive practices.
The 2024 inspection reviewed eight different areas relating to staffing, management and governance; the authority to suspend rules; education and recreation; health; preparation for leaving care; safeguarding; restrictive practice; and physical environment. Of these eight rules, Oberstown was fully compliant with four, substantially compliant with two and not compliant with two others, namely in relation to staffing levels with effective and transparent management and governance and the use of restrictive practice which are practices that interfere with the rights of young people, for example, the use of single separation.
Today, IPRT Executive Director Saoirse Brady welcomed the report stating:
“It is clear that overall Oberstown provides a positive experience for many of the young people in its care with 93 per cent of young people consulted stating that they felt supported and that they feel listened to and included in the decision-making around their care. They are aware of their rights and know how to assert them with clear measures in place to support them. It is positive that HIQA inspectors consider Oberstown a safe and secure environment for the young people living there.
Staffing
However, it is also clear that reduced staffing levels are having a detrimental impact with some young people reporting that due to fewer staff at weekends sometimes, they are not allowed out of their rooms before 12 noon. The young people had raised their frustration with management which was addressed through a directive that young people should be permitted to leave their room at 9:30am at weekends, but this has not been effective as at the time of the inspection, this was continuing to happen.
While IPRT understands the pressure that Oberstown is under given the difficulties in recruiting and retaining appropriately qualified staff, HIQA was clear in its 2023 inspection report that Oberstown must have ‘sufficient staff numbers to meet the needs of young people at all times’. This is clearly not the case, and it remains unacceptable that young people are locked in their room for long periods of time at weekends and that single separation continues to be overused.”
Restrictive practices
IPRT is particularly concerned that HIQA inspectors found that, ‘[r]estrictive practices were not always used strictly in exceptional circumstances and for the shortest period of time’. We are also concerned at the lack of finalised guidance on the use of physical interventions and the fact that there were 45 physical or safety interventions carried out by staff during the period. Furthermore, inspectors found that ‘single separation was not just used as a last resort when risk was present’.
In relation to concerns noted in the report about restrictive practices, IPRT Executive Director Saoirse Brady said:
“Updated direction around the single separation procedure, while welcome, is clearly not understood by all staff members given some of the reasons why it was used disproportionately – a young person calling a staff member names or concealing medication – or in trying to get young people to engage in discussions about incidents or their behaviour. Also, the fact that a young person could be left for three days without speaking to a manager is perplexing and does not make any sense in terms of trying to end the separation as quickly as possible.
Single separation should never be used as a punishment and should be used in rare cases. It is extremely concerning that in a nine-month period there were 709 incidences of young people on single separations. We note the measures outlined to address this issue and hope that Oberstown management will deliver on its upcoming deadlines to revise its procedures over the coming weeks and months to ensure that this significant child rights issue is remedied as a matter of priority.”
Child protection
IPRT welcomes the measures taken to address HIQA’s previous child protection concerns particularly around Children First training for all staff, however we note that at the time of the inspection only 72 per cent of staff had completed the mandatory training.
“While improvements have been made in terms of clarifying mandatory reporting lines to Tusla, the Child and Family Agency, it is clear that Oberstown management must continue to invest time and resources into this area to ensure that by the time of the next HIQA report it is fully compliant. Often, young people placed in detention have experienced some sort of childhood trauma themselves and many have care experience. They must have faith and confidence in the child protection system in place in Oberstown as it is paramount that those now charged with their care are clear about when and how to report a child protection concern.”
Mobility trips
Another issue of note raised by both the young people and staff is the failure to provide the vast majority of young people with ‘mobility trips’ into the community. These are permitted under the Children Act 2001 and the young person is usually accompanied by a staff member.
“These are an integral part of a young person’s reintegration journey and should be encouraged to support them to ‘successfully transition back into their community’. The associated risk assessments should be revisited to determine how to maximise these types of visits.”
Capacity
IPRT Executive Director Saoirse Brady concluded:
“IPRT recognises the huge amount of work that Oberstown has undertaken in ensuring it is informed by children’s rights principles and practices, notwithstanding the necessary improvements recommended by HIQA. However, looking at the most recent annual report for 2023, it is notable that the number of remand orders (70 in 2023) continue to be higher than detention orders (59 in 2023) particularly when we have a successful Bail Supervision Scheme which has proven positive outcomes for young people. Like in our adult system, the youth detention system is now regularly at capacity and has been exceeded for boys at times as outlined in the report where the girl’s unit had to be repurposed temporarily. IPRT is concerned that detention is not always being used as a last resort despite the Children’s Act 2001 placing this important principle on a statutory footing.”
ENDS
For all media enquiries, contact IPRT Communications Officer, Michelle Byrne, on communications@iprt.ie or 086 0433060.
IPRT Executive Director, Saoirse Brady, is available for further comment.
NOTES FOR EDITOR:
Irish Penal Reform Trust (IPRT) is Ireland's leading non-governmental organisation campaigning for the rights of everyone in prison and the progressive reform of Irish penal policy.
Respect for rights in the penal system with prison as a last resort.