Tusla has been accused of “institutional failure” and a “collapse of basic governance” following reports that the agency continues to breach court orders meant to protect vulnerable children.
This week it was revealed that Tusla, the State’s Child and Family Agency, is continuing to breach court orders relating to children in its care, despite having previously been warned by the judiciary about persistent non-compliance.
Concerns over the agency’s failure to meet its legal obligations have been set out in a newly published report by the Child Law Project, which highlights what it describes as entrenched and systemic shortcomings within the child protection system.
Reacting to the news, Independent Ireland TD Ken O’Flynn said that “if judges are still uncovering the same breaches a year later, then assurances of reform are meaningless and accountability is absent.”
“This is a scandal, plain and simple,” he said.
“Despite being repeatedly exposed by the courts, Tusla continues to breach court orders meant to protect vulnerable children. When a child is officially recorded as having contact with a parent who is dead, the problem is not pressure or resources. It is a collapse of basic governance and professional standards.”
The Deputy said that while judges have already described such failures as “widespread and extraordinary”, still “nothing has changed,” which he described as “institutional failure.”
“This goes far beyond individual mistakes. It raises serious questions about leadership, accountability, and whether anyone is being held responsible when the State fails children in its care,” he added, saying that the existing system is “not fit for purpose.
Meanwhile, Aontú leader Peadar Toibín TD described the report’s findings as “absolutely shocking”.
“We in Aontú have consistently raised these issues, particularly in relation to the number of children not assigned a social worker, the fact that on numerous occasions birth mothers of children in care have proven to us that there is wholly inaccurate and false information in Tusla’s files on their children,” he said.
“We’ve also been very outspoken about the scandal of human trafficking in the country, and the case outlined by the Child Law Project which involved a woman being sold and sexually abused is absolutely horrendous in Ireland in 2026.
“We have a crisis in our child protection system and have seen multiple headlines in relation to children going missing from care, children killed and raped while under the care of Tusla, but the political establishment don’t seem to be taking it as seriously as they should.”
The Deputy also described it as “unforgivable” that The Child Law Project was left “without funding and unable to do their job for a number of months between 2024 and 2025.”
“There needs to be transparency, accountability and guaranteed protection for children under the care of the state,” he added.
Social Democrats TD Gary Gannon described the problem as a “breakdown in basic competence” and a “serious failure”.
“Tusla makes decisions that affect children’s safety on the basis of these files. When the information is wrong, the risk falls on the child, not the system,” he said.
“We keep seeing the same pattern. Damning reports, apologies, and promises of change, followed by very little consequence. Meanwhile frontline workers are overstretched and fundamental standards are allowed to slip.
“Child protection is not paperwork for the sake of it. If the State cannot get the basics right, it has no business telling families it is keeping children safe.”
The recent report by the Child Law Project covers child law cases that have been before the courts since last May. It found that in Limerick, a judge reviewed over 30 cases where children had not been allocated a social worker, including one child who went 22 weeks without one.
Last year, District Court Judge Conor Fottrell identified 685 breaches of court orders in Dublin, describing the failure as “extraordinary”.
In response to the latest findings, Tusla stated it is “fully committed to continuously improving” and will learn lessons from past failures.