Limited specialist services for the victims of child sex abuse, lack of co-operation between An Garda Síochána and Tusla social workers, and problems in the organisation and practice of the courts all contribute to certain child protection cases lasting up to three years, according to a new report.
The report from the Child Care Law Reporting Project found there are inadequate resources to support the courts dealing with complex cases.
A small minority of child protection cases consume a disproportionate amount of court and Tusla time and resources, the report found.
The Department of Children and Youth Affairs asked the CCLRP to undertake further research into some aspects of the child protection system, following the completion of its final report in 2015.
The CCLRP undertook research on exceptionally lengthy and complex cases to examine why some cases become highly contested, protracted and complex.
Of the ten cases examined, the longest ran for 52 days in court over a period of nearly three years.
Adjournments were common; for example, there were 22 adjournments in one case.
Multiple witnesses were called to give evidence, including expert witnesses from outside the jurisdiction; in one case there were 24 witnesses and in another there were 13 expert witnesses heard.
The numbers of lawyers involved was high, with up to ten lawyers in some cases.
Seven of the ten prolonged cases examined, and all except one of those that took over a year, were heard outside Dublin, with six of them heard by ‘moveable’ judges, who are called in by the local judge when he or she does not have time to hear a lengthy case.
This can cause a range of logistical problems for hearing the case.
The report was launched in Dublin by Chief Justice Frank Clarke.
Among the recommendations is a proposal that the Government should consider the appointment of a sufficient number of District Court judges to ensure that child care cases can be prioritised, with dedicated child care days, in all areas.
It also recommends the provision of sufficient resources to the District Court to enable District Court judges institute a national system of case management for child care cases.
Report author and Director of the CCLRP, Dr Carol Coulter, said, "In some parts of the country there is no access to anyone who has training in dealing with child sexual abuse."
She said it was indicated five or six years ago that there would be joint interviewing between the gardaí and Tusla but her body had not yet see any instances of that happening.
Dr Coulter noted that there are only 14 specially trained social workers trained to interview a child who may have been the victim of child sexual abuse.
