What actual powers has Tusla?

LegacyUser

Wasn't sure where to post this, just wanted it to be anonymous. Sorry for any inconvenience mods

Note: I am not looking for legal advice, merely factual information

A friend is married with 2 children. His wife suffers from severe mental illness. There have been numerous referrals to Tusla about her concerning the safety of the children in her care. He wants her access to be supervised but Tusla refuse to act (they say they can't do anything and it's a matter for his solicitor - they said they can only take children into care and not enforce supervised access orders or whatever the appropriate legal term is)

Solicitor is working away but basically says without a Tusla recommendation it will be hard to progress at anything but a snail's pace

The guards have been called to the house a few times and they say to contact social workers. Social workers say to contact the guards if they are worried about the wife's Behaviour and it's up to him to ensure the children are safe. If he doesn't believe she should be alone with the he should ensure she is supervised - this is impossible (e.g. childcare cannot stop her taking the children if she holds herself together for the minimal handover)

So my question is what actual powers has Tusla in relation to matters like this? Can they merely make recommendations (e.g. we believe access should be supervised which will give weight to a court case) or can they actually put a legally binding agreement in place?

Just to repeat - only looking for factual information

Many thanks in advance to those who may reply

Bassfish

Hi there, the advice your friend got is correct. A social work department would have no legal right at all to supervise a parent's contact with a child unless that child was in care (making Tusla the de facto Guardian of the children).
If one parent is available and protective it's their responsibility to safeguard the children and unfortunately that may involve that parent going to court for temporary full custody.
This would be regarded as a difficult custody/access situation, which is the responsibility of the parents to sort out. The only point at which a social work department would have to intervene is if the situation became so fraught that the children are being harmed to an extent that can be proven in court and neither parent is protecting them, at which point a Care Order under the Child Care Act would be applied for. This would be a fairly extreme measure though.
Hope that makes some sense. Hope those kids are OK.

loalae

Oh that sounds like a rough situation!

Tusla have no power in relation to the manner in which a parent can have access to their child unless granted by a court. They would only seek that power from a court in the event that they thought the children were unsafe in the home they were living. As the father is in the home and (I presume) protective, tusla will not intervene legally. I'm afraid that it's the father's responsibility to seek any legel order he requires against the mother or to see if there is another family arrangement that can be put in place.

Owryan

Is there an open referral in relation to the children?

Social work can't really do anything unless they have decided the children are at risk of harm.

If the parents are separated the father might be able to go to court and get custody and a judge can order supervised access, but that access might be supervised by a private company.

I've done relief work supervising access, and the order for supervision is either through tusla or a judge.

Big Bag of Chips

It sounds like they both live together, with the children. So the mother doesn't have access, she has custody. Access is usually a set time, on a set date etc. So if the mother lives with the children, then Tusla have no powers to enforce she is always supervised with them. How would that even work? If he's working every evening, and she collects the children would you expect Tusla to have someone available to stay with them until he comes home? That would be up to the father to organise. If he cannot always be around, then he needs to make other provisions for the children.

Unless anything is court ordered then the guards, Tusla or even a solicitor has no power to enforce anything. It is tricky in that they all still live together in the family home, but unless he goes the route of removing her from the home, or removing the children from her custody then the onus is on him to make sure his children are protected.

Tusla, the creche, or the guards cannot keep the children from her on his say so. Imagine the problems that would cause if that was all it took. But if Tusla have a file on the children, and the guards are also aware of incidents then the father can bring that to court with him as evidence of why the mother has to have limited access to the children. But if they all continue to live together, then his children are his duty, and he needs to be the one in control of who has access to them, and when.

He is the one that needs to decide what he is going to do, and then he can go to the various agencies for advice. But if he doesn't want her with the children, he is going to have to get them removed from her custody, and organise access.

jacknife

looks like the solicitor may recommend a Section 20 report and then give the recommendations to the judge for an order

Tell your friend to try and keep Tusla and solicitors out and have him and his wife try and reach an arrangement between themselves, tusla generally make things worse and social work files are kept forever

Worried Friend wrote: »

Wasn't sure where to post this, just wanted it to be anonymous. Sorry for any inconvenience mods

Note: I am not looking for legal advice, merely factual information

A friend is married with 2 children. His wife suffers from severe mental illness. There have been numerous referrals to Tusla about her concerning the safety of the children in her care. He wants her access to be supervised but Tusla refuse to act (they say they can't do anything and it's a matter for his solicitor - they said they can only take children into care and not enforce supervised access orders or whatever the appropriate legal term is)

Solicitor is working away but basically says without a Tusla recommendation it will be hard to progress at anything but a snail's pace

The guards have been called to the house a few times and they say to contact social workers. Social workers say to contact the guards if they are worried about the wife's Behaviour and it's up to him to ensure the children are safe. If he doesn't believe she should be alone with the he should ensure she is supervised - this is impossible (e.g. childcare cannot stop her taking the children if she holds herself together for the minimal handover)

So my question is what actual powers has Tusla in relation to matters like this? Can they merely make recommendations (e.g. we believe access should be supervised which will give weight to a court case) or can they actually put a legally binding agreement in place?

Just to repeat - only looking for factual information

Many thanks in advance to those who may reply

Owryan

jacknife wrote: »

looks like the solicitor may recommend a Section 20 report and then give the recommendations to the judge for an order

Tell your friend to try and keep Tusla and solicitors out and have him and his wife try and reach an arrangement between themselves, tusla generally make things worse and social work files are kept forever

You know it's tusla who carry out section 20 reports.

TheFever

Gardai can invoke a section 12 if they feel the kids are at risk. OP you talk about a handover yet you say that they are married, please clarify so maybe we can help more.

fima

Tulsa will carry out a section 20 if a judge orders it. Your solicitor can ask for it. The judge will then make his ruling based on the info in the section 20. Supervised access would occur if the judge rules for it.

Most likely the father would be awarded full custody and supervised access issues would arise if the mother applies for access.