Author
Regulation 2(5) of the Reception Conditions Regulations defines a vulnerable person as “a person who is a minor, an unaccompanied minor, a person with a disability, an elderly person, a pregnant woman, a single parent of a minor, a victim of human trafficking, a person with a serious illness, a person with a mental disorder, and a person who has been subjected to torture, rape or other form of serious psychological, physical or sexual violence.”
Under the Reception Conditions Regulations, a vulnerability assessment must take place within 30 working days of a person communicating their intention to seek asylum.[1] However, the form of the assessment is not prescribed in the Regulations and a vulnerability assessment had still not been introduced as of the end of 2020, despite a commitment made by the Government in October 2020 that a formal system of vulnerability assessment would be implemented by year-end.
At the end of January 2021, a pilot programme for the conducting of vulnerability assessments was established at Balseskin reception centre in Dublin. As of January 2023, the pilot programme continued, having been extended to all newly arrived, as well as existing international protection applicants. The programme has now been expanded nationwide to applicants residing in centres throughout the country.[2]
In September 2022, IPAS published a Vulnerability Assessment Pilot Programme Policy, setting out the nature and purpose of the vulnerability assessment. Pursuant to the newly established Policy, and, in response to significant pressure on IPAS resources, the vulnerability assessment procedure was also altered substantially. Vulnerability Assessment questionnaires were provided to all individuals making an application for international protection. Questionnaires were made available to applicants in a number of languages, both at their accommodation centres and online via IPAS’ website. A referral form for service providers and third parties working with international protection applicants was also made available and could be completed by the service provider with the applicant’s consent. Both documents contain a series of questions relating to the vulnerability indicators contained within the Reception Conditions Directive.
While the Irish Refugee Council welcomed the introduction of the programme, a number of concerns were raised in respect of both the process and procedure by which vulnerability assessments are currently being conducted. Through its casework, the Irish Refugee Council noted inconsistencies in the manner in which assessments are carried out, as well as a lack of follow-up supports in line with applicant’s identified needs.
On the 8th March 2024, IPAS announced that the pilot scheme would be suspended until further notice, citing ongoing demands on the Resident Welfare Team’s service due to the increased numbers of arrivals of protection applicants in the State as well as constraints on available accommodation across the IPAS portfolio.[3]
From March – November 2024, it is understood that no vulnerability assessments were conducted, however, vulnerability triage in respect of newly arrived single male applicants continued.[4] In the interim, in April 2024, IPAS published a notice of request for tender with a view to outsourcing the vulnerability assessment process. Subsequently, in November 2024, it was announced that vulnerability assessments would resume and would be conducted by GoodPeople Homecare Ltd. According to IPAS, it aimed to conduct 350 assessments a week, beginning with the existing backlog. Initially, vulnerability assessments were to be conducted at Citywest, with a view to expanding the service to the International Protection Office in the New Year.[5] (see Identification of Vulnerable Applicants).
While an optional health screening is provided to residents at Balseskin and also at Citywest Transit Hub, this is only a preliminary health screening and does not constitute a vulnerability assessment. The Regulations also provide for a further assessment to take place at any stage during the asylum process where the Minister considers it necessary to do so in order to ascertain whether the recipient has special reception needs.[6]
Reception of unaccompanied children
Regulation 9 of the Reception Conditions Regulations provides that in all matters pertaining to the reception of children, “the best interests of the child shall be a primary consideration.” For the purposes of assessing a minor’s best interests with respect to reception conditions, the Minister shall have regard to:
- Family unity;
- The minor’s well-being and social development, taking into account the minor’s background;
- Safety and security considerations, in particular where there is a possibility of the minor being a victim of human trafficking;
- The views of the minor in accordance with their age and maturity.
With respect to unaccompanied children, specifically, Regulation 10 states that the provisions of the Regulations shall apply to unaccompanied children who have made an application for international protection and designates Tusla as the minor’s representative (see Legal representation of unaccompanied children) in all matters pertaining to their reception entitlements. Unaccompanied minors are not accommodated in Direct Provision and are either reunited with family or taken into care.[7]
In January 2024, it was reported that there had been, according to Tusla, the child and family agency, an ‘unprecedent increase’ in the number of unaccompanied children presenting to its Separated Children Seeking International Protection Service (SCSIP Service).[8] According to statistics, in the period between January and August 2023, 280 unaccompanied minors had arrived in Ireland and sought international protection.[9] In 2022, Tusla received 597 referrals to its SCSIP service. 301 of these referrals were minors from Ukraine, while 227 were from other countries including Afghanistan, Algeria, Congo, Georgia, Somalia and Zimbabwe and involved children ages 12-17 years old.
Subsequently, in April 2024, it was reported that Ireland has experienced a 500% increase in the number of unaccompanied children seeking international protection. According to figures released by Tusla’s Separated Children Seeking International Protection Team in April 2024, in the previous 15 months, 607 unaccompanied children were referred to the service. Of those, 243 minors arrived within the first 3 months of 2024.[10]
Separately, concerns were raised throughout 2024 regarding the use of unregulated Special Emergency Accommodation for unaccompanied minors in the care of the State. In February 2024, reports emerged that a care home utilised by Tusla had fabricated pre-employment checks of staff, including Garda vetting, therefore posing a significant risk to vulnerable children in its care. An internal report conducted by Tusla determined that Garda vetting files providing clearance for staff to work for the company running the care home had been altered, while pre-employment checks carried out in respect of prospective staff were reportedly falsified.[11]
Concerns continued to be raised regarding the number of unaccompanied children seeking international protection missing from state care. In July 2024, it was reported that there were 39 children missing from State care. 22 of these children were unaccompanied minors seeking international protection[12] (see Age Assessment of Unaccompanied Minors).
Reception of families with children
In addition to regard for the best interests of the child under Regulation 9, Regulation 10 of the Reception Conditions Regulations sets out the standards pertaining to the designation of accommodation, which includes provisions relevant to children and families with children. The Minister shall take account of inter alia family unity (where family members of the recipient are recipients and are present in the territory of the State) and gender and age specific concerns.
In particular, when designating accommodation to children, the Minister shall have regard to (a) the need to lodge a child with their parents, unmarried minor siblings or an adult responsible for him or her (provided it is in their best interests), and (b) the need for the accommodation centre to be suitable to meet all of the child’s needs.
There are five centres which accommodate families with children; two which accommodate families and single females. Families are otherwise accommodated with the general population. Children are accommodated together with their families in Direct Provision accommodation centres. In his 2019 report to Parliament, the Special Rapporteur on Child Protection, Professor Geoffrey Shannon, criticised the Direct Provision, stating “As noted in numerous other Rapporteur reports, the system of Direct Provision for asylum applicants in Ireland should be abolished”.[13]
In April 2021, the Ombudsman for Children (OCO) published the report of its investigation Safety and Welfare of Children in Direct Provision. The investigation was launched following a visit to a Direct Provision Centre by the Ombudsman’s Office during which a parent raised concerns regarding overcrowding, nutrition, lack of safe play areas for children and poor communication from centre management about facilities at the designated centre and how to go about making a complaint. While the investigation initially focused on one centre, the OCO subsequently decided to expand its investigation to include all accommodation centres where children were residing. This was largely owing to concerns that IPAS did not have a sufficiently robust oversight mechanism in place to ensure quality of services being provided to children.
Residents of direct provision centres raised concerns about overcrowding and safety issues. Other concerns raised during OCO’s investigation included inconsistent heating supply to bedrooms, the nutritional content of food, the poor conditions of facilities – including the lack of safe play areas for children – and lack of information on how to submit complaints. The report also underlined a broader ‘culture of fear’ in direct provision centres, with residents being reluctant to bring complaints to the authorities’ attention due to the fear that this may impact on their status or treatment while seeking asylum in Ireland. Interpretation services were also not available in some centres, thus preventing residents from making complaints.
The Report called for IPAS to immediately end the use of commercial emergency hotels and put in place a well-resourced quality assurance mechanism to monitor complaints, child protection and welfare concerns and any other incidents in order to be assured about the quality of services provided to families in all centres. The OCO further called for extensive cultural sensitivity training, as well as training in gender, equality, human and children’s rights training for staff working in Direct Provision centres. Finally, it also called on Tulsa, the Child and Family agency, to recognise the vulnerability of children within the international protection process and to develop an intercultural strategy.[14]
In its White Paper on Direct Provision, the Government noted that, as part of the revised reception system for international protection applicants, there will be an emphasis on child welfare and child protection. Children and Young People’s Services Committees (CYPSCs), which comprise all key statutory and voluntary agencies working with children, will ensure that, among their sub-groups, there is a specific focus on the needs of children, young people and their families in International Protection Accommodation settings. The CYPSCs will receive Tusla’s input in the key areas such as Prevention, Partnership and Family Support and Educational Support Services. Parenting supports and child development services will also be made available to applicant families to support child development during the application process.[15]
Subsequently, in October 2023, the Ombudsman for Children’s Office (OCO) published a Special Report on the Safety and Welfare of Children in Direct Provision. It is the first report of its kind since the OCO was established in 2004. The Special Report sought to highlight concerns regarding the lack of progress on the OCO’s previous three recommendations, issued in 2021 following an investigation into the administrative actions of IPAS and Tusla regarding children residing in IPAS accommodation. The report, while acknowledging that the influx of arrivals from Ukraine has created unprecedented challenges for government in respect of the accommodation system, nevertheless expresses concern for the potential adverse effects on the rights and welfare of children residing within state-provided accommodation. The report establishes three key recommendations to be implemented by IPAS, including, to no longer use commercial hotels for the purpose of accommodating children, and plan for accommodation capacity pressures, to put in place robust quality assurance mechanisms, including an independent inspectorate, and further, to take into account the vulnerability of children within the international protection process when planning and providing for their accommodation needs.[16]
Reception of victims of torture, violence or trafficking
Victims of torture have access to NGO support services, such as SPIRASI, who provide ongoing therapeutic interventions and psychosocial supports for victims of torture. However, this is curtailed by the practice of accommodating such applicants in isolated accommodation centres and limited funding for such organisations.
There does not exist any formal policy to prevent mixed-sex accommodation, however, there are numerous single sex centres for both males and females within the IPAS accommodation stock.[17]
In April 2014, IPAS (RIA, as it then was), established a sexual and gender-based violence policy. The policy applies to both centre residents and staff. It notes the duty of care owed to all residents by IPAS staff and further states that an integrated and coordinated response to domestic, sexual and gender-based violence and harassment be implemented. The policy requires that survivors of domestic, sexual and gender-based violence be provided with adequate information and assistance when reporting an incident to IPAS and An Garda Siochana, that survivors be provided with adequate information regarding support services available and that such incidents are properly reported.[18] This policy remains in effect as of March 2025, however, the extent to which it is effectively implemented in practice is unclear.
[1] Regulation 8(1)(a) Reception Conditions Regulations.
[2] Inforation provided by Irish Refugee Council Information and Advocacy Serivce, February 2024.
[3] Information provided by IPAS, March 2024.
[4] Information provided by Irish Refugee Council Information and Advocacy Service, January 2025.
[5] Information provided by IPAS, November 2024.
[6] Regulation 8(1)(b) Reception Conditions Regulations.
[7] Samantha Arnold and Muireann Ní Raghallaigh, ‘Unaccompanied minors in Ireland: Current Law, Policy and Practice’ (2017) 15:1, Social Work and Society, available: here.
[8] Irish Times, ‘’Unprecedented’ increase in unaccompanied children seeking asylum in Ireland’, 15 January 2024, available: here.
[9] Irish Examiner, ‘280 unaccompanied children have sought international protection this year’, 14 October 2023, available: here.
[10] The Journal, ‘500% increase in migrant children arriving alone in Ireland to claim asylum’, 30 April 2024, available: here.
[11] RTE, ‘Gardaí probe claim Tusla care provider ‘fabricated’ files’, 29 February 2024, available: here.
[12] Irish Independent, ‘Nearly half of 39 children missing from state care were unaccompanied minors seeking asylum’, 2 July 2024, available: here.
[13] Professor Geoffrey Shannon, Eleventh Report of the Special Rapporteur on Child Protection: A Report Submitted to the Oireachtas, September 2019, available: here, 81.
[14] Ombudsman for Children’s Office, Safety & Welfare of Children in Direct Provision, 27 April 2021, available: here.
[15] Department of Children, Equality, Disability, Integration and Youth, White Paper on Ending Direct Provision, 26 February 2021, available: here.
[16] Ombudsman for Children’s Office, Special Report: Safety & Welfare of Children in Direct Provision, October 2023, available: here.
[17] Information provided by Irish Refugee Council Information and Advocacy Service, February 2024.
[18] RIA, ‘Policy and Practice Document on Safeguarding RIA Residents against Domestic, Sexual and Gender-based Violence and Harassment, available: here.